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Cisco IP Rival Draws Judge’s Ire For Belated Damages Theory

Tiomkin Law Offices of Elliott Tiomkin > Legal News  > Cisco IP Rival Draws Judge’s Ire For Belated Damages Theory

Cisco IP Rival Draws Judge’s Ire For Belated Damages Theory

Law360 (August 3, 2020, 4:09 PM EDT) — A California federal judge has granted Cisco’s bid to strike NetFuel’s new damages theories in its suit accusing Cisco’s operating systems of infringing NetFuel’s router patents, finding that allowing them in months after discovery closed would cause Cisco “astronomical” prejudice.

In a 13-page order Friday, U.S. District Judge Edward Davila said NetFuel Inc.’s supplemental filings make improper, belated attempts to get in new damages theories, in part by using information that had previously been stricken from the case.

“The level of prejudice that defendant may experience if the supplemental damages contentions are not struck is astronomical,” the order says. “Over seven…

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