First American CoreLogic, Inc. v. Fiserv, Inc. et al

Filing 415

ORDER entered regarding 398 Defendants' Emergency Motion for Clarification of Order 396 . Signed by Magistrate Judge Roy S Payne on 09/20/2012. (rsp1, )

IN THE UNITED STATES DISTRICT COURT
FOR THE EASTERN DISTRICT OF TEXAS
MARSHALL DIVISION
CORELOGIC INFORMATION
SOLUTIONS, INC.
v.
FISERV, INC., et al.
.

§
§
§
§
§
§

Case No. 2:10-CV-132-RSP

ORDER
Before the Court is Defendants’ Emergency Motion for Clarification of Order (Dkt. No.

398, filed September 14, 2012). Defendants ask the Court to clarify whether the Court’s order
(Dkt. No. 396) striking certain prior art precludes fact witnesses from offering testimony about
the stricken prior art. Because the prior art references were not disclosed as required by Patent
Rule 3-3, those references may not be relied upon as prior art by the party that failed to timely
disclose them. Fed. R. Civ. P. 16 & 37. Therefore, no evidence regarding those references may
be introduced at trial, whether by expert or fact witness.
IT IS SO ORDERED.
SIGNED this 3rd day of January, 2012.
SIGNED this 20th day of September, 2012.

____________________________________
ROY S. PAYNE
UNITED STATES MAGISTRATE JUDGE