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Judge Andrews Affirms Magistrate Judge’s Decision to Exclude Prior Art Evidence as a Sanction for Discovery Violations

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In St. Jude Medical, et al. v. Volcano Corp., C.A. No. 10-631-RGA (D. Del. June 5, 2012), Judge Andrews recently affirmed and overruled objections to the Magistrate Judge’s decision to exclude certain prior art evidence that was not properly disclosed by plaintiffs until nearly three months after the close of fact discovery. Id. at 2-3. In the opinion, the Court noted that plaintiffs’ invalidity contentions were “useless in terms of giving [d]efendant any information about what theories [plaintiffs] would actually pursue.” Id. at 3. The Court also noted that plaintiffs’ contentions included as invalidating prior art “100 patents, 21 publications, and 92 prior art systems” and that those references that were excluded were “buried amidst” these many other invalidating references. Id. at 3. The Court ultimately held that the Magistrate Judge’s decision to exclude the prior art references was neither “clearly erroneous” nor an “abuse of discretion”; concluding rather, that it was a sanction appropriately “tailored to the nature and extent of the violation.” Id. at 4.


St. Jude Medical, et al. v. Volcano Corp., C.A. No. 10-631-RGA (D. Del. June 5, 2012)

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