Medtronic Minimed Inc. v. Animas Corp., No. CV 12-04471 RSWL (RZx), 2013 WL 3233341 (C.D. Cal. June 25, 2013).
Bifurcating damages is not a sure thing. In Medtronic, the court denied an early motion to bifurcate damages and to stay damages discovery, saying the motion was premature.
The court denied Defendant’s motion to bifurcate liability from damages and to stay damages discovery until liability was determined at trial, but it did not preclude Defendant from raising the issue later. Id. at *1. The court said the request was premature and denied the motion because (1) the parties were in the middle of discovery, (2) the final pretrial conference was more than a year away, and (3) the full scope of claims and defenses was yet to be determined. Id. at *1.