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Try CasePortal for FreeJ. Mathis finds the district court properly granted an injection molding company’s motion for summary judgment in this copyright dispute regarding an industrial control system and software code brought by a consulting company. The consulting company argues that this court lacked jurisdiction, the district court should have not excluded an expert witness and erred on granting summary judgment in favor of the injection molding company. The expert testimony was not disposed by the injection molding company before the discovery period had closed and would have caused a surprise disruption of the trial. The consulting company fails to show a dispute of fact about the software code protectability. Therefore, this court does vacate the prior appeal decision and denies the motion to supplement the appellate record. Affirmed.