Failure to Review Discovery Produced "Years Earlier" Does Not Justify Late Introduction of New Inequitable Conduct Theories

Plaintiff's motion in limine to exclude any new theories of inequitable conduct, including 22 new prior art references disclosed at the pretrial motion deadline, was granted. "[Defendant] does not explain why it waited until days before the final pretrial deadline to carefully review the discovery provided by [plaintiff] years earlier."

Marine Polymer Technologies, Inc. v. HemCon, Inc., 1-06-cv-00100 (NHD April 29, 2010, Order) (DiClerico, J.)