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Supplemental Expert Report Allowed Three Months After Close of Expert Discovery

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In this discovery ruling, U.S. Magistrate Judge Thynge denied in part Inline’s motion to exclude a supplemental expert report as untimely and prejudicial. The supplemental expert report was served three months after the close of expert discovery, more than three and a half months before trial, and nearly three months before the proposed final pretrial order was due. Based on this timing, the Court refused to exclude the report. The Court, however, limited the defendant’s ability to use certain declarations in the report and permitted Inline to take depositions of the expert and a third party concerning new prior art listed in the supplemental report.

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