The court granted defendant's motion to strike plaintiff's supplemental infringement contentions and rejected plaintiff's argument that the court's "Scheduling Order never describes the deadline as a 'final' deadline." "Here, [plaintiff] rested on a false presumption – namely that court-issued deadlines are 'preliminary' unless otherwise indicated. The opposite is the case. . . . The Court does not find reason to recast discovery as a period when the parties are free to locate new infringement contentions, potentially delaying for an untold duration the ultimate trial. Furthermore, if [plaintiff] believed that there was 'good cause' to modify the Schedule Order, it could have moved the Court to do so – a road that [plaintiff] did not take."
Motorola Mobility, Inc. v. Apple, Inc., 1-10-cv-23580 (FLSD December 6, 2011, Order) (Ungaro, J.)