Genband US LLC v. Metaswitch Networks Corp. et al, No. 2:14-cv-00033 (E.D. Tex. Jan. 9, 2016)

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 a Motion to Strike the Expert Reports of Dr. Robert Akl and Dr. Tim Williams on Essentiality filed by Plaintiff Genband US LLC (“Genband”) (Dkt. No. 259). Also before the Court is Genband’s Motion to Strike Testimony on Non-Infringing Alternatives. (Dkt. No. 260). These are not Daubert motions under Fed. R. Evid. 702. Instead, both motions are premised on the argument that Metaswitch Ne tworks Ltd and Metaswitch Networks Corp. (collectively “Metaswitch”) failed to timely disclose its contentions in the course of discovery. I.