August 19, 2015 – The Court granted Defendants AVX Corp. et al’s motion to strike Plaintiff Greatbatch’s late-filed amended claim chart. The Court found that Defendants were “likely to suffer unfair prejudice if Plaintiff’s late-filed contentions are not stricken, prejudice which could not be cured without dramatic change to the case schedule” and “Plaintiff’s new infringement theory is inconsistent with its previous theory” in which the Defendants relied for their non-infringement and invalidity cases throughout fact discovery and for opening expert reports.
The Court also denied Greatbatch its motion to strike portions of one of Defendants’ expert reports as untimely and unreliable. The Court held that “Plaintiff has not shown that it has suffered, or is likely to suffer, any significant prejudice from Defendants’ belated production of a single document.”
The case is captioned Greatbatch Ltd. v. AVX Corp. et al., 13-CV-00723, in the District of Delaware. The patents-at-issue relate to an internally grounded feedthrough filter capacity assembly, which provides shielding to implantable medical devices from external inference signals, such as those caused by cellular phones.
By: Christopher J. Stankus