A Forgiving Response To A Candidly Admitted Error But Still Costly

Holding

In Sorrell Holdings LLC v. Infinity Headwear & Apparel, LLC, a patent infringement dispute in the United States District Court for the Western District of Arkansas, the court denied defendant's motion to dismiss, reasoning that plaintiff's failure to disclose key evidence until three days before trial was inadvertent and a sanction tantamount to a dismissal would be too extreme. However, the court allowed defendant to seek, fees, and costs associated with a continuance and plaintiff's failure to comply with its initial discovery and disclosure obligations. 2021 U.S. Dist. LEXIS 221459 (W.D. Ark. Nov. 17, 2021).

Background

In 2016, Sorrell sued Infinity for infringement of a patent related to hand-held loofahs. The matter was set for jury trial for November 15, 2021. On the 12^th, three days prior to the trial date, the plaintiff moved to introduce new documents into evidence, including a patent assignment and several maintenance fee statements. Absent