Judge Robinson declines to permit supplemental expert opinion on eve of trial

Judge Robinson recently considered evidentiary disputes in advance of trial.  SRI Int’l Inc. v. Cisco Sys., Inc., C.A. No. 13-1534-SLR (D. Del. Apr. 22, 2016).  Among other things, Judge Robinson denied Cisco’s request for its expert to provide a supplemental opinion to rebut plaintiff’s expert’s infringement opinion on the “based on the analysis of network data” limitation.  In the Court’s view, such a request was an attempt to reargue claim construction.  Id. at ¶ 2.  Judge Robinson concluded that the request was based on Cisco’s expert’s failure to address plaintiff’s expert’s opinion in the alternative.  Id.  “Under the circumstances, I see no reason to allow Cisco to finally amend its position on the eve of trial with a supplemental expert report.  The issue should be one of claim construction for purposes of appeal.”  Id.


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