District Court Strikes Amended Infringement Contentions and Supplemental Expert Report That Were Served without Leave of Court
Wonderland Nurserygoods Co., Ltd.("Wonderland") filed a patent infringement action against Thorley Industries, LLC, d/b/a 4MOM ("Thorley") for infringement of U.S. Patent No. 8,047,609 (the "'609 Patent") by the accused mamaRoo device. Pursuant to the Court's Initial Patent Scheduling Order, Wonderland served its Disclosure of Asserted Claims and Infringement Contentions ("Infringement Contentions") on Thorley on May 10, 2012, ,and Thorley served its Non-Infringement and Invalidity Contentions on Wonderland on May 24, 2012
The Court held a Markman Hearing on September 27, 2012. On January 11, 2013, after receiving the Revised (and corrected) Claim Construction Chart, the transcript of the Markman Hearing, and the Pre-Hearing and Post-Hearing Briefs, the Court issued a Memorandum Opinion and Claim Construction Order.
After the order was issued, the parties cross-moved for summary judgment and exchanged expert reports for a trial set to begin in late January 2014. On December 26, 2013, without seeking leave of the district court, Wonderland served on Thorley Amended Infringement Contentions, and a Supplemental Expert Report directed at whether the gearing and linkage within the accused mamaRoo device constitute part of the alleged second motion mechanism, a necessary limitation of the patent at issue. Thorley filed a Motion to Exclude Wonderland's Amended Infringement Contentions and Supplemental Expert Report.