By Memorandum Opinion entered by The Honorable Richard G. Andrews in Manufacturing Resources Int’l, Inc. v. Civiq Smartscapes, LLC et al., Civil Action No. 17-269-RGA (D.Del. September 30, 2019), the Court granted Plaintiff’s Motion for Leave to Supplement Its Damages Expert Opinion in the patent infringement action. Specifically, the Court permitted Plaintiff’s damages expert to: (1) supplement her previously stricken opinion relating to the calculation of lost profits without using information obtained during settlement discussions; (2) supplement her report to address other concerns of the Court relating to lost profits; and (3) supplement her report to address concerns about apportionment in her previously stricken reasonable royalty analysis. Id. at *1.
Defendants asserted that they would be unduly prejudiced if Plaintiff’s damages expert was allowed to submit the supplemental expert opinions. Id. at *2. After analyzing the five Pennypack factors under the circumstances, the Court did not find that the inclusion of the amended supplemental damages report would be unduly prejudicial to Defendants. Id. at *2-4. On the contrary, the Court noted that any perceived prejudice under the circumstances could be cured by supplemental responsive expert reports and/or by allowing defendants to conduct additional depositions. Id. at *4.
A copy of the Memorandum Opinion is attached.