Yesterday Judge Williams issued an oral order in Board of Regents, The University of Texas System v. Boston Scientific Corporation, C.A. No. 18-392-GBW (D. Del.) addressing a dispute about whether plaintiffs could offer evidence of copying or other secondary considerations after they failed to disclose those argument until just before trial.
In a lengthy oral order, Judge Williams held that they had waited too long and are now precluded from offering evidence of copying or certain other secondary considerations.
According to the Court, plaintiff had failed to disclose its secondary considerations arguments despite numerous opportunities:
ORAL ORDER: . . . Plaintiff had several prior opportunities to advise [defendant] …