NuVasive, Inc. v. Alphatec Holdings, Inc. et al, 3-18-cv-00347 (CASD August 3, 2018, Order) (Dembin, MJ)
Tuesday, August 7, 2018
Vague Interrogatories a "Gift" to Answering Party
The court granted in part plaintiff's motion to compel further interrogatory responses regarding defendants' offers to sell the accused surgical products. "The dispute lies with Defendants’ response to the portion of the Interrogatory calling for a 'detailed description of the circumstances of [defendants'] offering to each customer.' Defendants assert that this portion of the request is vague, irrelevant and not proportional. . . . Its vagueness was a gift from Plaintiff; Defendants were free to interpret it and provide a response, so long as the response was reasonable. Doing nothing was not acceptable. . . . Defendants need not, in supplementing their response, respond directly to the 8 categories of information Plaintiff believes should be in the response. Defendants may consider the list merely as suggestions that it may use to craft a reasonable response."