What happens on appeal after the district court struck an expert report that did not exist until after the other side had deposed the expert and moved for summary judgment and the discovery deadline had passed?

The Federal Circuit affirms, silly. Cheese Systems, Inc. v. Tetra Pak Cheese and Power Systems, Inc., No. 12-1463, slip op. at 23 (Fed. Cir. Aug. 6, 2013).

The panel also upheld the district court's rulings on infringement (yes) and invalidity (no).

Chief Judge Leonard Davis of the Eastern District of Texas, by the way, sat on the panel by designation. Blawgletter hopes to see one of his opinions from the sitting soon.