Motion For Summary Judgment Of Noninfringement Granted

This order follows up on Judge Albright’s ruling at final pretrial conference in this case striking portions of the plaintiff’s expert report on infringement for substituting new infringement theories, and accordingly dismissing the plaintiff’s case with prejudice.  In response to a motion for reconsideration, it vacates and supersedes the prior order.

The order contains standards on motions to strike expert reports and when supplemental reports are appropriate, as well as motions for reconsideration.

The key issue in this case was that the expert report in the court’s view impermissibly substituted new infringement theories.  The issue had been raised before – see – and Judge Albright had indicated that it would be addressed in this context.

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