Tuesday, January 13, 2009

New material in supplemental expert report stricken only if it supports "distinctly new opinions"

The court declined "to strike those parts of the [plaintiff's expert's] Supplemental Report that cite to documents not cited in the Opening Report, but instead provide further support for opinions in the Opening Report." "[A]ny parts of [the expert's] Supplemental Report that does not offer distinctly new opinions, but only further opine or provide new documentary evidence on opinions offered in the Opening Report, are allowed."

Versata Software, Inc. et al v. Sun Microsystems, Inc., 2-06-cv-00358 (TXED January 9, 2009, Order).

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