`
`IN THE UNITED STATES DISTRICT COURT
`FOR THE EASTERN DISTRICT OF TEXAS
`MARSHALL DIVISION
`
`
`THE HILLMAN GROUP, INC.,
`
`
`
`v.
`
`KEYME, LLC,
`
`
`
`
`
`
`
`Plaintiff,
`
`Defendant.
`
`
`
`
`
`
`
`CIVIL ACTION NOS. 2:19-CV-00209-JRG
`
`
`
` 2:20-CV-00070-JRG
`
`
`§
`§
`§
`§
`§
`§
`§
`§
`§
`
`
`
`ORDER
`
`
`
`
`
`
`
`Before the Court is Plaintiff The Hillman Group, Inc.’s (“Hillman”) and Defendant KeyMe,
`
`LLC’s (“KeyMe”) (together, the “Parties”) Joint Motion for Substitution of Technical Expert
`
`Witnesses (the “Joint Motion”). (Dkt. No. 229). In the same, the Parties inform the Court that each
`
`party has one technical expert with an unavoidable conflict with the April 5, 2021 jury selection
`
`date. Hillman seeks to substitute its conflicted expert, Joseph Rakow, with new expert Richard
`
`Klopp. KeyMe seeks to substitute its conflicted expert, Robert Sturges, with new expert David
`
`Doermann. With respect to the patents asserted in the -70 case, U.S. Patent Nos. 10,577,830;
`
`10,628,813; and 10,737,336 (the “-70 patents”), the Parties agree that the new experts will opine
`
`on those patents originally. With respect to the patents asserted in the -209 case, U.S. Patent Nos.
`
`8,979,446; 9,914,179; and 10,400,474 (the “-209 patents”), the Parties agree that each new expert
`
`will adopt the expert report and deposition testimony of the prior conflicted expert.
`
`
`
`After consideration, the Court is of the opinion that the Joint Motion should be and hereby
`
`is GRANTED. Accordingly, it is ORDERED as follows:
`
`
`
`
`
`
`
`Case 2:19-cv-00209-JRG Document 230 Filed 11/24/20 Page 2 of 2 PageID #: 10541
`
`• The Parties are permitted to substitute their conflicted technical experts with new experts
`as stated in the Joint Motion;
`
`• The existing expert reports and deposition testimony (from the conflicted experts)
`relating to the -209 patents shall be binding on said new experts as if originally given by
`the same; and
`
`• Neither party shall refer to the conflicted experts, their replacement by the new experts, or
`the fact that the new experts did not prepare the existing reports or give the existing
`depositions relating to the -209 patents, or anything disclosing this substitution, in front of
`the jury without prior leave of Court.
`
`.
`
`____________________________________
`RODNEY GILSTRAP
`UNITED STATES DISTRICT JUDGE
`
`So ORDERED and SIGNED this 24th day of November, 2020.
`
`
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