Plaintiff's Late Disclosure of Infringement Contentions Bars Claims Against Xbox 360 Wireless Controllers

Plaintiffs were precluded from asserting infringement against wireless controllers for Microsoft's Xbox 360 game system because plaintiffs failed to identify the controllers in their interrogatory responses. "Plaintiffs contend that they properly supplemented their interrogatory answer [after the close of discovery] because they notified Microsoft in their supplemental answer to interrogatory No. 1 that their answers were preliminary, as discovery was ongoing and expert discovery had not yet occurred. This 'boilerplate' response does not eviscerate the Court’s discovery deadlines and create an open season for discovery."

Hochstein et al v. Microsoft Corporation et al., 2-04-cv-73071
(MIED August 17, 2009, Opinion & Order) (Borman, J.)