Defendant Precluded from Deposing Plaintiff's Expert Twice, Once After the Initial Expert Reports and Again After Rebuttal Reports
Plaintiff ProconGPS, Inc. ("Procon") filed a patent infringement action against Skypatrol, LLC ("Skypatrol"). During the expert phase of the case, a dispute arose over the deposition of plaintiff's experts.
The parties disputed whether Skypatrol should be permitted to depose plaintiffs' experts twice, once after Procon's initial expert report and again after rebuttal reports are issued. Skypatrol contended that Skypatrol's experts should be able to take Procon's experts' depositions into account when preparing their own reports. Procon asserted that the purpose of expert deposition is to develop cross-examination for trial and/or for a Daubert motion, but not for building a case for one's own expert. Procon also asserted that two rounds of depositions would be impractical and would be wasteful.