Realtime Data LLC v. Rackspace US, Inc. et al, No. 6:16-cv-00961 (E.D. Tex. Apr. 17, 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.

Before the Court is Defendants NetApp, Inc. (“NetApp”) and SolidFire, LLC’s (“SolidFire”) Motion to Strike Untimely Expert Declaration .1 (Doc. No . 133 .) Plaintiff Realtime Data LLC (“Realtime”) has filed a Response. (Doc. No. 142.) Defendant Rackspace does not join NetApp’s Motion. On March 31, 2017, Realtime submitted its Opening Claim Construction Brief, including an attached expert declaration of Dr. Kenneth Zeger. ( See Doc. No. 128.) NetApp argues that Realtime failed to timely disclose the substance of Dr.