An untimely expert report was limited
Inline Connection Corp., et al. v. AOL Time Warner Inc., et al., D. Del. No. 02-272-MPT and 02-477-MPT (consolidated), Jan. 8, 2007.
Thynge, J. A motion to preclude invalidity expert’s first report based on unreliable methods was discussed in separate opinion. A motion to dismiss a supplemental report was granted in part as untimely.
Thynge, J. A motion to preclude invalidity expert’s first report based on unreliable methods was discussed in separate opinion. A motion to dismiss a supplemental report was granted in part as untimely.
Invalidity expert David L. Waring’s first expert report was served April 18, 2006. After expert depositions concluded and a week before Daubert motions were due, defendants served Waring’s supplemental report opining on two additional prior art references. Defendants claimed the references were readily available to plaintiff. The supplemental report was served three months after the close of expert discovery and more than three and a half months before trial. The court excluded all declarations but one and permitted plaintiff to depose the declarant and redepose the expert. Plaintiff’s expert was permitted to submit a rebuttal expert but could not be deposed.
A copy of the full opinion is available here.
