Court Denies Motion to Exclude Expert Testimony and Motion for Sanctions and Spoliation

On August 9, 2017, the Court denied Defendants Alixa Rx LLC, Golden Gate National Senior Care LLC d/b/a Golder Livingcenters, Fillmore Capital Partners, LLC, Fillmore Strategic Investors, LLC, and Fillmore Strategic Management, LLC’s motion to exclude testimony of Plaintiff Tech Pharmacy’s Expert Dr. Samuel H. Russ, finding that Dr. Russ did not offer improper legal conclusions.  The Court also denied Tech Pharmacy’s motion for sanctions and spoliation, finding that Defendants did have a duty to preserve evidence but that there was insufficient evidence to show that Defendants acted in bad faith.  The patents-at-issue are U.S. Patent Nos. 7,698,019, 8,204,761, 8,209,193, 8,489,425, 8,554,574, 8,612,256, and RE44,127 entitled “System and software of enhanced pharmaceutical operations in long-term care facilities and related methods,” and 8,954,338 entitled “System and method of enhanced distribution of pharmaceuticals in long-term care facilities.”  The case is 4-15-cv-00766 in the United States District Court for the Eastern District of Texas.

By: Katherine E. Adams

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