Free Order on Motion to Strike - District Court of Delaware - Delaware

Case 1:04-cv-01258-SLR Document 329 Filed 04/13/2006 Page1 of 3
IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF DELAWARE
MCKESSON INFORMATION )
SOLUTIONS LLC, )
Plaintiff, )
v. g Civ. No. 04-1258-SLR
THE TRIZETTO GROUP, INC., )
Defendant. ;
MEMORANDUM ORDER
At Wilmington this I3“ day of April, 2006, having reviewed
the various motions to strike filed by defendant TriZetto;
IT IS ORDERED that:
I. TriZetto's motion to strike Dr. Musen’s supplemental
expert report (D.I. 317) is granted. Counsel for plaintiff
McKesson has represented that the supplemental report contains
nothing more than errata and demonstratives (e.g , screenshots
from the Facets, ClaimFacts and QicLink accused products) that
were not available at the time of his original report. The court
agrees that these are appropriate reasons for supplementing a
report. However, given the court‘s limited resources and the
limited time before trial, it is not possible for the court to

Case 1:04-cv-01258-SLR Document 329 Filed O4/13/2006 Page 2 of 3
comb through the 122 page supplemental report to confirm
McKesson’s representation.l Therefore, the report will be
stricken, but McKesson may introduce through this witness
exhibits that were not available at the time of his original
report, so long as the substance of his trial testimony is
consistent with that of his original report. The admissibility
of such exhibits shall be reviewed on a document by document
basis.
2. TriZetto's motion to strike the supplemental report of
Dr. Johnson (D.I. 323) is granted. Unlike Dr. Musen's
supplemental report, Dr. Johnson's supplemental report is only 27
pages long (compared to the 14 pages of her original report) and
appears to involve analyses of multiple screenshots from the
accused products. Again, however, her analyses are technical
enough that the court cannot with confidence determine whether
Dr. Johnson has strayed beyond the bounds of her original report.
Therefore, her report will be stricken, but exhibits that were
not available at the time of her original report may be
introduced through her testimony, so long as her trial testimony
is consistent with her original report. The admissibility of
such exhibits shall be determined on a document by document
basis.
3. TriZetto's motion to strike the portion (pages 30-76) of
1Recall that Dr. Musen's original expert report was only 17
pages long.

Case 1:04-cv—O1258—SLR Document 329 Filed O4/13/2006 Page 3 of 3
Marcia J. Radosevich’s April 10, 2006 deposition conducted by
McKesson (D.I. 321) is granted. Having reviewed the deposition,
the court concludes that McKesson purposefully extended the
parameters of discovery past the limits set by Special Master
Order No. 5. McKesson shall pay the costs associated with
TriZetto’s motion practice in this regard, as well as the costs
of the deposition.
United Statés District Judge