By Memorandum Order entered by the Honorable Sue L. Robinson in Vehicle IP, LLC v. Werner Enterprises, Inc., Civil Action No. 10-503-SLR (D.Del., September 9, 2013), the Court granted Plaintiff Vehicle IP, LLC’s (“Vehicle IP”) motion to exclude Defendant Werner Enterprises, Inc.’s (“Werner”) invalidity contentions conerning the systems and methods that Werner used prior to the issue date of the patent-in-suit, U.S. Patent No. 5,694,322 (“the ‘322 patent”). The Court found that Werner’s untimely assertion of its theory of invalidity based on the pre-1995 system was prejudicial to Vehicle IP. Id. at *5.
A complete copy of the Memorandum Order is attached.