In Uncategorized on 06/14/2021 at 10:43

Today in the Virtual Windy City, Judge Kathleen Kerrigan, chastened by 8 Cir (see my blogpost “CUT Uncut,” 8/17/18), is trying what’s left of Medtronic, Inc., and Consolidated Subsidiaries, Docket No. 17488-08.

The brigade of experts is being paraded again, ostensibly to fine-tune Judge Kerrigan’s analysis of the IP licensing agreement between Medtronic US and Medtronic Puerto Rico, but actually to fight to the death. Comparable Uncontrolled Transaction takes the stage.

As I listen to counsels’ opening statements (fortunately not being able to see the slides the parties produce), I really pity poor Judge Kerrigan. Once again, she will produce dozens of pages of well-wrought analysis, only to face another second-guess from 8 Cir.


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