Too Late for Plaintiff to Add Accused Products Made by Third Party Identified in Defendant's Initial Disclosures


On Track Innovations Ltd. v. T-Mobile USA, Inc.

Case Number: 1:12-cv-02224-AJN (Dkt. 149)

Judge Francis denied On Track's motion for reconsideration of his order denying On Track's request to supplement an expert report, adding as an accused product the cards manufactured by a third party. The court said that On Track knew about the third party from defendant's initial disclosures, and "had ample opportunity after that to take discovery relevant to any potential claims regarding the [] cards." In denying the motion, the court said that the only prejudice to the plaintiff would be the need to instigate new litigation, but that the prejudice to T-Mobile would be a need to conduct substantial fact and expert discovery, including foreign discovery.


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