First American CoreLogic, Inc. v. Fiserv, Inc. et al, No. 2:10-cv-00132 (E.D. Tex. Sept. 20, 2012)

From the Opinion

The passage below is extracted verbatim from the opening of the document. It has not been editorially summarized — consult the full opinion for the court's complete reasoning.

Before the Court is Defendants’ Emergency Motion for Clarificati on of Order (Dkt. No. 398, filed September 14, 2012). Defendants ask the Court to clarify whether the Court’s order (Dkt. No. 396) striking certain prior art precludes fact witnesses from offering testimony about the stricken prior art. Because the prior art references were not disclosed as required by Patent Rule 3-3, those references may not be relied upon as prior art by the party that failed to timely disclose them. Fed. R. Civ. P. 16 & 37.