Orthophoenix, LLC v Dfine, Inc., C.A. No. 13-1003-LPS; Orthophoenix, LLC v. Osseon Therapeutics Inc., et al., C.A. No. 13-1004-LPS and 13-11008-LPS; Orthophoenix, LLC v. Wright Medical Technology Inc., et al., C.A. No. 13-1007-LPS; Orthophoenix, LLC v. Stryker Corporation, et al., C.A. No. 13-1628-LPS, April 28, 2015
Stark, C.J. Plaintiff’s motion to bifurcate and stay antitrust counterclaim is granted. Stryker’s unopposed motion to stay pending IPR is granted.
These related cases are large and complex and the court determines that it is best to focus on the patent claims first. The antitrust counterclaim requires discovery well beyond that needed for the patent issues. A special master is appointed to handle discovery disputes. Rulings on the parties’ proposed scheduling order are provided.