ALJ Rogers granted-in-part Complaints' motion to strike untimely prior art contentions and related portions of expert reports in Investigation Nos. 337-TA-749 & 741, Certain Liquid Crystal Display Devices, Including Monitors, Televisions, and Modules, and Components Thereof ("749 Investigation"). In his order, ALJ Rogers found that the procedural schedule set the deadline for the notice of prior art as April 15, 2011. The ALJ went on to find that there was no reason to strike references which were identified in Respondents' April 15 notice and for which Respondents had supplemented their responses to contention interrogatories within one month of the notice. Such supplementation occurred before the close of fact discovery and was reasonable under the circumstances.
The ALJ, however, went on to find that three references were untimely identified. Claim charts for these references were either provided for the first time with expert reports or provided more than than one month after the filing of the notice of prior art. As a result, sections of the expert reports regarding those three references were stricken.