NEW YORK --Federal Magistrate Judge Kevin Nathaniel Fox on Wednesday (March 10, 2010) ordered Sequenom, Inc., to turn over documents requested by Xenomics, Inc., (now TrovaGene, Inc.) in its fraud lawsuit against Sequenom.
Magistrate Fox had been appointed by U.S. District Court Judge Richard M. Berman to supervise the stalled discovery in the lawsuit filed more than five months ago against the San Diego-based Sequenom.
Xenomics is seeking the return of Down Syndrome technology that had been conveyed to Sequenom in 2008, but contends Sequenom never intends to develop the technology.
The lawsuit was filed after the disclosures that Sequenom had issued false and inflated reports on its progress with its non-invasive Down Syndrome prenatal test. Xenomics contended Sequenom deliberately manipulated the data tests and that it had misled Xenomics at the time Xenomics licensed its technology to Sequenom.
Xenomics (now TrovaGene) is seeking a return of the technology so that it can develop it on its own, plus damages incurred because of Sequenom's failure to live up to the licensing agreement.
Asked about the discovery order, attorney David Jaroslawicz, who is handling the Xenomics lawsuit, said Magistrate Fox issued his order in a telephone conference with all the parties in the lawsuit.
"He (Magistrate Fox) directed the defendant (Sequenom) to produce a witness and they finally agreed to produce a witness, or witnesses, on March 22, 2010 in San Diego (where Sequenom is headquartered)
Jaroslawicz said Sequenom attempted to further delay discovery by saying it did not have all the documents together yet, but Xenomics said it will take whatever papers are ready. He said Sequenom must produce a witness who is knowledgeable at the deposition on March 22.
David Jaroslawicz may be reached at 212-227-
