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Patent opinions from the Eastern District of Texas and the U.S. Court of Appeals for the Federal Circuit

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E.D. Tex.

First american CoreLogic, Inc. v. Fiserv, Inc. et al, No. 2:10-cv-00132 (E.D. Tex. Sept. 20, 2012)

Granted
Discovery
Court
U.S. District Court for the Eastern District of Texas, Marshall Division
Case No.
No. 2:10-cv-00132, Dkt. No. 415
Decided
September 20, 2012
Judge
Roy S. Payne, M.J. — Marshall
Document
Order
Docket Entry
ORDER entered regarding 398 Defendants' Emergency Motion for Clarification of Order 396
Length
1 page
Download Opinion (PDF)

IN THE UNITED STATES DISTRICT COURT

FOR THE EASTERN DISTRICT OF TEXAS

MARSHALL DIVISION

CORELOGIC INFORMATION §

SOLUTIONS, INC. §

§

Case No. 2:10-CV-132-RSP

v. § § FISERV, INC., et al. §

ORDER

Before the Court is Defendants’ Emergency Motion for Clarification of Order (Dkt. No. 398, filed September 14, 2012). Defendants ask the Court to clarify whether the Court’s order (Dkt. No. 396) striking certain prior art precludes fact witnesses from offering testimony about the stricken prior art. Because the prior art references were not disclosed as required by Patent Rule 3-3, those references may not be relied upon as prior art by the party that failed to timely disclose them. Fed. R. Civ. P. 16 & 37. Therefore, no evidence regarding those references may be introduced at trial, whether by expert or fact witness.

IT IS SO ORDERED.

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Cite this opinion

First american CoreLogic, Inc. v. Fiserv, Inc. et al, No. 2:10-cv-00132 (E.D. Tex. Sept. 20, 2012).

govinfo ID
USCOURTS-txed-2_10-cv-00132-2
Permalink
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