The opinion of the court was delivered by: James F. Holderman, Chief Judge:
Consolidated for Discovery
MEMORANDUM OPINION AND ORDER
Pending before the court is Fujitsu Limited's and Fujitsu Network Communication, Inc.'s "Motion to Strike Portions of Tellabs' Expert Reports Regarding U.S. Patent No. 7,227,681."
(Case No. 09-4530, Dkt. No. 650.) For the reasons set forth in the analysis that follows, Fujitsu's motion is denied.
On June 11, 2008, Tellabs Operations, Inc. filed suit against Fujitsu Limited and Fujitsu Network Communications, Inc. in the United States District Court for the Northern District of Illinois, alleging infringement of U.S. Patent No. 7,369,772 ("'772 Patent"). (Case No. 08-3379 (the "Illinois Action").)
On September 5, 2008, Fujitsu Limited and Fujitsu Network Communications, Inc. (together "Fujitsu") filed its answers, affirmative defenses, and counterclaims. (Case No. 08-3379, Dkt. Nos. 59, 61.) Fujitsu Limited alleged in its counterclaims that Tellabs Operations, Inc., Tellabs, Inc., and Tellabs North America (collectively "Tellabs") infringed two patents assigned to Fujitsu: U.S. Patent Nos. 7,227,681 ("'681 Patent") and 5,533,006 ("'006 Patent"). (Case No. 08-3379, Dkt. No. 61.) Fujitsu thereafter filed its amended answers, affirmative defenses, and counterclaims on April 1, 2009. (Case No. 08-3379, Dkt. Nos. 119, 120.) On April 2, 2009, Tellabs filed its amended answer to Fujitsu's counterclaims, along with its own counterclaims against Fujitsu. (Case No. 08-3379, Dkt. Nos. 121, 122.)
At an early scheduling conference on October 21, 2008, the court ordered "[b]oth sides to provide infringement contentions no later than 11/4/2008." (Case No. 08-3379, Dkt. No. 81 ("10/21/08 Order").) At the same status hearing, the court ordered all invalidity contentions to be filed by February 27, 2009. (See Case No. 08-3379, Dkt. No. 83 ("10/21/08 Tr.") at 12:8-13:3.) No deadlines were set by the court for non-infringement contentions or unenforceability contentions. It is undisputed that Fujitsu and Tellabs both served their infringement contentions on November 4, 2008, as ordered by the court. Tellabs also served Fujitsu with its invalidity contentions on February 27, 2009.
On July 29, 2009, the Illinois Action was consolidated with case number 09 C 4530, Fujitsu Limited v. Tellabs Operations, Inc. (the "Texas Action"), for purposes of discovery. (See Case No. 08 C 3379, Dkt. No. 202.) The Texas Action, which involves three additional patents, was filed on January 29, 2008, in the Eastern District of Texas and was transferred to the Northern District of Illinois on July 29, 2009. Fujitsu served its infringement contentions in the Texas Action on Tellabs in July 2008, while the case was pending before Judge Davis in the U.S. District Court for the Eastern Division of Texas.
Approximately two months after the cases were consolidated, on October 1, 2009, the Northern District of Illinois's Local Patent Rules went into effect. The Northern District of Illinois's Local Patent Rules provide specific deadlines for the filing of initial infringement contentions, non-infringement contentions, unenforceability contentions, and invalidity contentions, as well as final versions of these contentions:
A party claiming patent infringement must serve on all parties "Initial Infringement Contentions" . . . within fourteen (14) days after the Initial Disclosure under LPR 2.1. (N.D. Ill. L.P.R. 2.2.)
Each party opposing a claim of patent infringement or asserting invalidity or unenforceability shall serve upon all parties its "Initial Non-Infringement, Unenforceability and Invalidity Contentions" within fourteen (14) days after service of the Initial Infringement Contentions. (N.D. Ill. L.P.R. 2.3.)
Within fourteen (14) days after service of the Initial Non-Infringement and Invalidity Contentions under LPR 2.3, each party claiming patent infringement shall serve upon all parties its "Initial Response to Invalidity Contentions." (N.D. Ill. L.P.R. 2.5)
A party claiming patent infringement must serve on all parties "Final Infringement Contentions" . . . within twenty-one (21) weeks after the due date for service of Initial Infringement Contentions. Each party asserting invalidity or unenforceability of a patent claim shall serve on all other parties, at the same time that the Final Infringement Contentions ...