The litigation between LabMD and the FTC is not mellowing.

Last week, LabMD filed a Motion to Exclude the FTC’s admission of all Tiversa documents during the FTC administrative hearing scheduled for May 5th.  LabMD argued that the FTC subpoenaed Tiversa in September of 2013, and Tiversa withheld responsive information from the subpoena, which to date, has never been produced. The FTC subpoena requested “all documents related to LabMD” and when Tiversa failed to produce the documents, the FTC did not enforce the subpoena. Accordingly, since some documents were never produced, LabMD argues that no documents should be allowed to be used during the hearing. We will be watching that proceeding closely.