Judge Stearns denied Egenera’s motion to strike Cisco Systems’ invalidity expert report. Cisco’s expert had opined on a prior art Catalyst System found at UNC, of which the expert had personal knowledge; Egenera sought to have his opinion striken because Cisco had not disclosed the expert as a fact witness and had not disclosed the UNC system in its contentions. Judge Stearns found that the UNC system was merely an exemplar of the Cisco Catalyst System, which had properly been disclosed. He also noted that Egeneral still has the opportunity to depose the expert, meaning that even if he was not properly identified as a fact witness, there was no prejudice to Egenera.
