I always find it interesting to see what kinds of facts are successful in a motion to strike. As I've mentioned, motions to strike in the Third Circuit are governed by the Pennypack factors, which can be tricky to meet and often favor lesser remedies (although the Court does strike things).
Here is what it took to warrant striking portions of an opening infringement report Arendi S.A.R.L. v. LG Electronics, C.A. No. 12-1595-LPS (D. Del.):
- Disclosing infringement contentions against five new products for the first time in an expert report;
- Relying on previously undisclosed evidence;
- Doing so in the 8th year of a case (albeit one currently without a trial …