Patent Damages
29Jun/11Off

Kathrein v. Microondas

On May 19, 2011, Judge Geraldine Soat Brown of the Northern District of Illinois sitting in place of Judge Ronald Guzman issued an opinion granting the defendant’s motion to strike plaintiff’s supplemental response. Kathrein-Werke KG v. Radiacion Y Microondas SA, Case No. 07-C-2921 (N. D. Ill., May 19, 2011). The court held, without prejudice, that any decision to change a damages methodology, in light of Uniloc, must be decided by the District Judge. The court found that changes to a damage’s methodology is more than a mere “supplementation” under FRCP 26(e). “It is not appropriate to insert such a significant change in the case under the label ‘supplementation.’” Id. Thus, the court decided to strike the supplemental response , but not on its merit; rather, struck it on its characterization as a supplement to plaintiff’s calculation of damages. Id.

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