Solta sought an order compelling Lumenis to produce samples of the accused laser skin treatment devices for inspection and testing. Lumenis had originally agreed to make the devices available at its counsels’ San Francisco office or at a Lumenis Salt Lake City facility, but Solta wanted the products to be made available in Solta’s facility in Washington state. Solta provided two reasons – to prevent its representatives from having to travel to California during the Covid crisis in contravention of then-existing travel restrictions and to ensure that the products were set up to be properly tested, which would not occur at counsel’s office. Lumenis argued that the devices should remain at Lumenis’ facility because they required proper setup and calibration to safely use and because Lumenis builds the devices to order, meaning it only possessed a single set of devices and needed them for marketing, training and customer service. Magistrate Cabell granted Solta’s motion in part, ordering Lumenis to provide the in-house models to Solta’s Washington facility to permit a week of testing on each type of accused device, with the devices to be inspected one at a time so that Lumenis would have the other two types on hand. Lumenis is also to provide a technician to install and calibrate the devices and to inspect each device at the conlcusion of each day of the inspection. Finally, he limited the inspection to non-destructive methods.
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