Supplemental information required on issue of expert exclusion

Asahi Glass Co., LTD., et al. v. Guardian Industries Corp., Civ. No. 09-515a-SLR, September 26, 2011.

Robinson, J.  Motion to exclude expert testimony will be addressed at the pretrial conference.

Asahi Glass Co., Ltd. and AGC Flat Glass North America, Inc. assert infringement of U.S. Patent Nos. 3,664,938 and 6,193,856 directed to technology for applying thin film coatings to glass. Guardian Industries Corp. denied infringement an asserted the invalidity of the patents.  Plaintiffs moved to exclude defendant’s non-infringement and invalidity expert testimony.  Supplemental information was required to make a finding as to whether the expert’s report adequately addressed enablement, written description, anticipation, and obviousness.

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