In an Order that is almost the definition of a cautionary tale, Anticancer, Inc. lost, through the preclusive effect of a prior grant of summary judgment of noninfringement, significant portions of an infringement claim against Cambridge Research Instrumentation, Inc. In the prior case, defective preliminary infringement contentions led to a grant of summary judgment of noninfringement, and in the subsequent case, the Court gave preclusive effect to that Order as it related to infringement assertions that could have been made prior to deadline for filing preliminary infringement contentions in the prior case. It should go without saying, but it is critical to know your theories before filing your case.
[Update] Some more Anticancer antics here:

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February 9, 2010 at 9:41 pm
ANTI-CANCER BLOOD TRANSFUSION %CLIP% %KEYWORDS% %CLIP% %BLOG%
[...] Defective Preliminary Infringement Contentions Cause Big Problems … [...]