Alfonso Cioffi et al v. Google, LLC, No. 2:13-cv-00103 (E.D. Tex. Jan. 10, 2017)

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.

Plaintiffs move to exclude the opinion of Google’s expert, Dr. Michael Kogan, regarding Google’s recapture defense under 35 U.S.C. § 251. See Dkt. 156. Specifically, Plaintiffs seek to exclude the opinion concerning whether the inventors of the reissued patents-in-suit sought reissue claims for overlooked aspects described in the original patent. See Dkt. 148 (Google’s motion for summary judgment on recapture). According to Plaintiffs, this opinion was not disclosed in a timely manner. Plaintiffs’ motion is DENIED for the following reasons.1 I.