The court refused to consider defendant's argument in support of summary judgment of invalidity based on a combination of a prior art reference with either of two other prior art references because that argument had not been disclosed in defendant's Final Invalidity Contentions. "[Defendant] cites all three references in its Final Invalidity Contentions. However, in [defendant's] chart identifying those elements of the Cragg Stent article that are present in the claims of the [asserted patents], defendant] does not combine the Cragg Stent article with either Schetky or Delaey."
Medtronic Inc. v. W.L. Gore & Assoc., Inc., 3-06-cv-04455 (CAND December 9, 2008, Order).