Karl Storz Endoscopy-America’s Motion to Compel Privileged Discovery Denied

September 13, 2017 – In a September 8 Order, United States Magistrate Judge Jacqueline Scott Corley denied plaintiff Karl Storz Endoscopy-America, Inc.’s motion to compel the production of documents defendants Stryker Corp. et al. withheld as privileged after Stryker asserted an advice of counsel defense because the withheld information was not communicated to Stryker.  The patents-in-suit are U.S. Patent No. 8,069,420, entitled “System for Controlling the Communication of Medical Imaging Data,” U.S. Patent Nos. 7,471,310 and 7,821,530, entitled “Intelligent Camera Head,” U.S. Patent No. 7,844,657, entitled “System for Controlling Medical Devices,” and U.S. Patent No. 8,439,821, entitled “System and Method for the Central Control of Devices Used During an Operation.”  The case citation is: Karl Storz Endoscopy-America, Inc. v. Stryker Corp. et al., Case No. 14-cv-00876-RS (N.D. Cal. 2014).

Karl Storz Decision

By: Frederick C. Millett