March 2017 Archives

District Court Precludes New Substitute Witness for Failure to Timely Disclose

March 2, 2017

As trial approached in this patent infringement action, the plaintiff, 511 Innovations, Inc., filed a motion to exclude a witness at trial, Tim Benner from testifying at trial. The motion asserted that the defendant, Samsung, "did not make any written disclosure of Dr. Tim Benner as a potential witness, or even a person with relevant knowledge, until January 23, 2017."

The disclosure occurred after the close of discovery and only a few weeks before the pretrial conference. In opposing the motion, Samsung explained that it planned to substitute Dr. Benner as its corporate representative at trial, in place of Joy McBeth.

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