On January 13, 2011, Plaintiff filed three motions for partial summary judgment. (Dkt.Nos.64, 69, 75.) One week later, on January 20, 2011, Plaintiff delivered to Defendants a DVD containing over 30,000 invoices that were described in the spreadsheet. (Dkt. No. 83–1 at 176.) Plaintiff also promised Defendants “disks containing all of those documents” showing transactions from vendors supplying Play Visions with the products at issue by January 24, 2011. (Id.
) Plaintiff's counsel wrote that “all of your discovery to date has been satisfied.” (Dkt. No. 98–1 at 2.) This was the first time Defendants learned that Plaintiff possessed electronic copies of invoices and other documents responsive to the first and second requests for production, despite Plaintiff's consistent certification that only paper copies existed. (Compare
Keron Dep. at 50–51, 102–103 with
Dkt. No. 83–1 at 110.) On January 25, 2011, Plaintiff produced another 2,000 pages of documents. (Dkt. No. 83–1 at 180.) Defendants responded to this production on January 26, 2011, complaining that Plaintiff had not produced first sale documents covering the 75 products allegedly practicing the asserted patents, despite the production of 30,000 pages of invoices. (Dkt. No. 83–1 at 179.) Defendants then filed a motion to continue their responses to the motions for summary judgment, after Plaintiff refused to consent to an extension. (Dkt. No. 82.) On March 1, 2011, the Court granted the request, finding the late revelation of documents required a continuance. (Dkt. No. 125.) On January 29, 2011, Plaintiff's counsel emailed Defendants to state that he had found an additional 11,000 invoices that he intended to turn over to Defendants. (Dkt. No. 98–1 at 6.)