Plaintiffs’ ‘Strategic Decision’ to Respond to Expert’s Untimely Invalidity Theories Dooms Motion to Strike

February 12, 2026Life Sciences Litigation, District of Delaware

In an ANDA litigation, the District of Delaware recently denied the plaintiffs’ motion to strike portions of the defendants’ expert reports and related deposition testimony. Although the defendants’ invalidity contentions did not state the specific theories of invalidity upon which the expert opined, the court found that none of the Pennypack factors supported excluding that expert testimony.

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