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Fed. Cir. Stays Out of Discovery Spat in Ivantis, Glaukos Case

Nov. 3, 2020, 6:16 PM

Ivantis Inc. failed to convince the Federal Circuit to step in to correct a discovery order in a patent infringement suit filed by Glaukos Corp. over competing eye stent devices for treating glaucoma.

The U.S. District Court for the Central District of California said it will tell the jury to presume Glaukos was prejudiced by Ivantis’ destruction of emails sent after Ivantis knew the litigation was coming. Ivantis asked the U.S. Court of Appeals for the Federal Circuit to vacate the adverse-inference instruction.

The Federal Circuit denied Ivantis’ mandamus petition Tuesday. “It is generally inappropriate to review such discovery orders...

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