Witness Excused for Medical Condition, Barred From Further Testimony

Defendant's motion to have its witness excused from deposition and trial because of a medical condition was granted. "However, because it is not clear from the [letter from the witness' physician] how the diagnosed condition is affecting [the witness'] daily life, sanctions will be imposed against [defendant] in this case if [the witness] provides any testimony (through a declaration, a deposition or at trial) in any other case involving the patents at bar." The court stated it would "consider sanctions ranging in severity from the imposition of an adverse inference to the imposition of the costs of a new trial to the imposition of an adverse judgment."

Genetics Institute LLC v. Novartis Vaccines and Diagnostics Inc., 1-08-cv-00290
(DED October 23, 2009, Order) (Robinson, J.)