Nuance Communications, Inc. v. Abbyy Software House et al

Filing 715

ORDER GRANTING 683 Motion for Leave to Supplement Putnam Expert Report. Signed by Judge Jeffrey S. White on May 29, 2013. (jswlc3, COURT STAFF) (Filed on 5/29/2013)

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UNITED STATES DISTRICT COURT

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NORTHERN DISTRICT OF CALIFORNIA

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SAN FRANCISCO DIVISION

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NUANCE COMMUNICATIONS, INC.,
Plaintiff,

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v.
ABBYY USA SOFTWARE HOUSE, INC., a
California corporation, ABBYY SOFTWARE,
LTD., a Cyprus corporation, ABBYY
PRODUCTION, LLC, a Russian corporation, and
LEXMARK INTERNATIONAL, INC., a
Delaware corporation,

Case No.

C 08-02912 JSW MEJ

[PROPOSED] ORDER
GRANTING NUANCE’S
MOTION FOR LEAVE TO
SUPPLEMENT PUTNAM
EXPERT REPORT

Defendants.

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[PROPOSED] ORDER GRANTING PLANTIFF’S MOTION FOR LEAVE TO SUPPLEMENT PUTNAM RPT.
CASE NO. C 08-02912 JSW MEJ
sf-3287502

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Having considered the parties’ submissions, the Court finds that the supplementation of

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the expert report of Jonathan D. Putnam is justified and harmless in light of ABBYY’s prior

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misconduct. The Court therefore grants Nuance’s Motion for Leave to Supplement Putnam

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Expert Report. Substantive objections to the Report are not precluded by this Order.

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Dr. Putnam’s supplemental expert report is deemed timely disclosed pursuant to Federal
Rule of Civil Procedure 26 and is accepted into the case in its entirety.
If he so chooses, ABBYY’s damages expert may provide Nuance with his supplemental

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rebuttal expert report on or before Friday, June 7, 2013, provided such report is strictly limited to

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rebutting Dr. Putnam’s supplemental report.

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If ABBYY’s damages expert’s supplemental rebuttal report is timely provided to Nuance,

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it will be deemed timely disclosed pursuant to Rule 26 without requiring a motion for leave, but

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without prejudice to Nuance’s ability to seek to strike the report, in whole or in part, on grounds

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other than timeliness.

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If Defendants decide to conduct a follow-up deposition of Dr. Putnam, Nuance shall make

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Dr. Putnam available by no later than Friday, June 14, 2013, for a deposition of no more than two

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hours on-the-record, with questioning limited to the subject matter of Dr. Putnam’s supplemental

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expert report.

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If Nuance decides to conduct a follow-up deposition of Defendants’ damages expert,

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Defendants shall make their damages expert available by no later than Friday, June 14, 2013, for

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a deposition of no more than two hours on-the-record, with questioning limited to the subject

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matter of Defendants’ damages expert’s supplemental expert report.

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IT IS SO ORDERED.
Dated: May 29, 2013

Jeffrey S. White
United States District Judge

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[PROPOSED] ORDER GRANTING PLANTIFF’S MOTION FOR LEAVE TO SUPPLEMENT PUTNAM RPT.
CASE NO. C 08-02912 JSW MEJ
sf-3287502