Re: ITC Order 30- Granting Respondents' Motions for Leave..123
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posted on
Apr 19, 2013 01:49PM
Was our witness unable to present something? Did he not say something everyone was expecting? Does it matter? I'm confused...
Respondents argue that they relied on statements made in Complainants’ contentions and believed that there would be specific proof of alleged infringement under all proposed constructions in the expert report.
Respondents assert and Staff agrees that Complainants indicated in their contention interrogatory responses that additional charts and evidence would be provided in Complainant’s expert’s report on infringement. Complainants do not dispute that these representations were made and the ALJ find that Respondents justifiably relied on Complainants’ representations and had reason to anticipate that a material issue of fact would be raised by Complainant’s expert based on evidence that was properly disclosed during fact discovery.
Disclosure: I purchased more shares today.