Good Technology Corporation et al v. MobileIron, Inc.

Filing 278

ORDER GRANTING-IN-PART MOTIONS TO STRIKE PORTIONS OF EXPERT REPORTS by Judge Paul S. Grewal granting-in-part 178 ; granting-in-part 185 (psglc2S, COURT STAFF) (Filed on 4/23/2015)

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UNITED STATES DISTRICT COURT

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NORTHERN DISTRICT OF CALIFORNIA

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United States District Court
For the Northern District of California

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SAN JOSE DIVISION

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GOOD TECHNOLOGY CORPORATION and )
GOOD TECHNOLOGY SOFTWARE, INC.,
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Plaintiffs,
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v.
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MOBILEIRON, INC.,
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Defendant.
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Case No. 5:12-cv-05826-PSG
ORDER GRANTING-IN-PART
MOTIONS TO STRIKE PORTIONS
OF EXPERT REPORTS
(Re: Docket Nos. 178, 185)

Plaintiffs Good Technology Corporation and Good Technology Software, Inc. (“Good”)
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and Defendant MobileIron, Inc. each move to strike portions of the other’s expert reports. Upon
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extended review of the parties’ papers and consideration of today’s lengthy oral arguments, both
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motions are GRANTED-IN-PART. 1

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There are two key issues to consider: was the portion of the expert report previously
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disclosed, and if not, was the non-disclosure substantially justified and harmless? Courts in this
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district consider five factors to determine whether a non-disclosure was substantially justified or
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harmless: “(1) the surprise to the party against whom the evidence would be offered; (2) the ability
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of that party to cure the surprise; (3) the extent to which allowing the evidence would disrupt the
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Any issues omitted from this order were deemed withdrawn according to the parties’
representations on the papers and at oral argument.
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Case Nos. 5:12-cv-05826-PSG
ORDER GRANTING-IN-PART MOTIONS TO STRIKE PORTIONS OF EXPERT REPORTS