Motion to Strike

A motion to strike asks the court to remove material from the record or to bar a party from relying on it. In patent litigation the most common targets are expert reports that exceed the scope of a party's contentions, infringement or invalidity theories disclosed after the deadline for them, and evidence produced too late for the other side to meet. Because patent cases run on detailed contention deadlines, striking an untimely theory can remove an issue from the case entirely, and courts weigh the prejudice to the opposing party against the importance of the material and the availability of a cure. The opinions here include grants, denials, and partial strikes.

401 opinions and orders, showing 401–401.

• October 28, 2004 Fed. Cir. Caterpillar v. Sturman Indus., No. 03-1444 (Fed. Cir. Oct. 28, 2004) Reversed in Part