AVM Technologies, LLC v. Intel Corporation, C.A. No. 15-0033-RGA-MPT, December 9, 2016.

Andrews, J. Magistrate’s order granting defendant’s motion to strike untimely contentions is reversed. Plaintiff’s motion to strike is granted. Defendant’s motion to strike plaintiff’s late infringement contentions is denied.

On June 13, 2016 the magistrate orally granted defendant’s motion to strike plaintiff’s May 10 infringement contentions. The disputed contentions were served after the close of fact discovery. Delay alone is not sufficient reason to impose the extreme sanction of exclusion of the new contentions.  The magistrate’s order is reversed in that there was no showing of prejudice or that plaintiff acted with bad faith or willfulness.