In Biovail Laboratories Int’l SRL v. Cary Pharmaceuticals Inc., C.A. No. 09-605-JJF-LPS (D.Del., May 26, 2010), Judge Stark denied Defendant Cary Pharmaceuticals ("Cary") motion to strike plaintiff Biovail expert’s supplemental
In The Dow Chemical Company v. Nova Chemicals Corp., C.A. No. 05-737-JJF (D.Del., May 20, 2010), Judge Farnan entered the Court’s Memorandum Opinion and Oder denying the motion of defendant Nova Chemicals ("Nova") seeking to strike the expert declarations submitted by plaintiff Dow Chemical ("Dow") in support of its counterstatement of facts in opposition to Nova’s motion for summary judgment. Nova contended that the expert declarations relied upon in Dow’s counterstatement were improper, untimely and should be stricken because they purportedly constituted additional expert opinions that should have been filed before the end of discovery and were improperly molded to meet Dow’s legal challenges in responding to the summary judgment motions and, thus, Nova allegedly was unduly prejudiced. Id. at 3-5. The Court disagreed with Nova and refused to strike the expert declarations. Id. at 5-7.