Mobile Telecommunications Technologies, LLC v. Samsung Telecommunications america, LLC, No. 2:13-cv-00259 (E.D. Tex. Dec. 13, 2014)

Before the Court is Defendant Samsung’s Motion for Leave to File a Motion to Exclude the Supplemental Expert Report of Dr. Ray Nettleton (Dkt. 275, the “Motion for Leave”). Samsung attaches the substantive Motion to Exclude (Dkt. 275-2, the “Motion to Exclude”). Samsung’s Motion for Leave is GRANTED. Samsung’s Motion to Exclude is DENIED, as the Court finds that Samsung had adequate notice of the substance of Dr. Nettleton’s opinions. To the extent that Samsung’s objection is based on the premise that Dr. Nettleton has not “identif[ied] what would constitute ‘message codes’ assigned to his purported ‘canned messages,’” the Court notes that Dr. Nettleton will be held to the scope of his expert reports at trial. MTEL should be prepared to immediately and specifically direct the Court to the supporting portion of Dr. Nettleton’s expert reports that provide support for any testimony it intends to offer.