The court granted defendants' motion to strike an expert declaration submitted in connection with plaintiff's claim construction briefing. "[T]he Court stated that the parties would not be permitted to call witnesses or present extrinsic evidence at the Markman hearing, because no party had timely noticed a motion seeking to present testimony at that hearing. To date, Plaintiff has not tendered such a motion before the Court. Because Plaintiff will not be permitted to present [its expert] or his testimony at the Markman hearing, it necessarily follows that Plaintiff cannot rely on [his] testimony to support its proposed definitions for the disputed terms."
U.S. Ethernet Innovations, LLC v. Acer, Inc., et. al., 5-10-cv-03724 (CAND October 12, 2011, Order) (Ware, J.)