Whitmyer IP Group stifled Novadaq’s attempts to introduce untimely evidence of consumer confusion in a trademark suit against KARL STORZ. After summary judgment briefing closed, Novadaq sought the Court’s permission to file an employee declaration describing an instance of alleged consumer confusion. The Court promptly denied Novadaq’s request, but at the summary judgment hearing Novadaq asked the Court to allow the same employee to testify at trial. The Court then asked both parties to brief the issue, and agreed with KARL STORZ that Novadaq’s request should be denied in light of the prejudice to KARL STORZ, who had no opportunity to obtain discovery from Novadaq’s employee.
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