News & Analysis as of

Patent Litigation Evidence Discovery

Akin Gump Strauss Hauer & Feld LLP

PTAB Denies Motion to Compel Discovery of Evidence from Parallel ITC Investigation Due to Lack of Inconsistency

The PTAB denied a petitioner’s motion to compel routine discovery that sought information from a parallel ITC investigation for alleged inconsistent positions taken by patent owner in the IPR. The board found that patent...more

Wolf, Greenfield & Sacks, P.C.

Sued: What In-house Counsel Without Litigation Experience Need to Know - Preparing Your Inside Team

3: Preparing Your Inside Team - Preservation, Privilege, Potential Pitfalls -This is the third in a series of articles that explores considerations and suggested actions for in-house counsel who are inexperienced in patent...more

Linda Liu & Partners

Application of Obstruction of Evidence Production Rule in Patent Infringement Disputes (II)

Linda Liu & Partners on

III. Application of Obstruction of Evidence Production Rule in Patent Infringement Judgment - In the practice of patent infringement disputes, especially the infringement cases involving manufacturing equipment and BtoB...more

Haug Partners LLP

Foresight in Patent Litigation: How Adherence to Local Rules Can Make or Break a Case

Haug Partners LLP on

On September 7, 2022, the Court of Appeals for the Federal Circuit issued a precedential opinion in Arendi S.A.R.L v. LG Electronics, Inc., offering an important reminder to patent litigators of the necessity of following the...more

Jones Day

Discovery Request Seeking Deposition Preparation Materials Denied

Jones Day on

The Patent Trial and Appeal Board (“PTAB”) recently denied a Motion for Additional Discovery because the movant could not prove beyond mere speculation that the requested documents would be useful to show witness scripting....more

Akin Gump Strauss Hauer & Feld LLP

Unavailability of Witness for Cross-Examination Dooms Reliance on Affidavit Testimony in PTAB Proceeding

In a series of related inter partes review proceedings, the Patent Trial and Appeal Board recently granted a petitioner’s motion to strike the sworn affidavit of a witness who was unwilling to submit to cross-examination. In...more

Goodwin

Issue 34: PTAB Trial Tracker

Goodwin on

The availability of post-grant proceedings at the Patent Trial and Appeal Board (PTAB) has changed the face of patent litigation. This monthly digest is designed to keep you up-to-date by highlighting interesting PTAB,...more

Mintz - Intellectual Property Viewpoints

Patent Owner Tip #2 for Surviving An Instituted IPR: Don’t Swing for the Fences in IPR Depositions

As discussed in our previous post, one of the most critical tasks for Patent Owners during the Inter Partes Reviews (“IPR”) discovery period is deposing the Petitioner’s expert. Since IPR depositions are treated differently...more

McDonnell Boehnen Hulbert & Berghoff LLP

CVC Files Reply to Broad's Opposition to CVC's Miscellaneous Motion No. 6; Board Issues Orders

Motion practice continues in Interference No. 106,115 between Senior Party The Broad Institute, Harvard University, and the Massachusetts Institute of Technology (collectively, "Broad") and Junior Party the University of...more

McDermott Will & Emery

PTAB: Lawyers Permitted to Confer with Witnesses to Prepare Redirect

McDermott Will & Emery on

Addressing the scope of Patent Trial and Appeal Board (PTAB) guidelines that prohibit lawyers from conferring with their witness during cross-examination, the PTAB designated as precedential a 2014 decision permitting lawyers...more

Mintz - Intellectual Property Viewpoints

International Trade Commission ALJ Holds that Relying on Pre-Suit Testing Waives Privilege Protection

A recent order from International Trade Commission Administrative Law Judge Elliott provides helpful guidance regarding a common ITC discovery dispute: whether a party may withhold from discovery as work product pre-suit test...more

Jones Day

Precedential PTAB Order Addresses Witness Examination

Jones Day on

The PTAB panel in Focal Therapeutics, Inc. v. SenoRx, Inc., Case IPR2014-00116 (PTAB July 21, 2014) (Paper 19), provided certain clarifications with regard to the ability to confer with witnesses during examination. This...more

Akin Gump Strauss Hauer & Feld LLP

PTAB Denies Request to Cross-Examine Experts Because Declarations Were Prepared for Other Proceedings and Were Not “Critical”...

In an ongoing inter partes review (IPR) proceeding, the Patent Trial and Appeal Board (the “Board”) denied Petitioner Nestlé Healthcare Nutrition, Inc.’s request to cross examine two expert witnesses after Patent Owner...more

Orrick - Trade Secrets Group

In The Ninth Circuit, Your Fate (And Documents) May Not Be Sealed

Judge Vince Chhabria of the Northern District of California handed down a strongly worded order denying a motion to seal alleged trade secret information, and sanctioning counsel for defendant for the frivolous request. ...more

Jones Day

No Genuine Issue of Fact Where Petitioner’s Claim Construction Is Wrong

Jones Day on

The PTAB’s recent decision denying rehearing in United Microelectronics Corp. v. Lone Star Silicon Innovations LLC, IPR2017-01513, Paper 10 (PTAB May 22, 2018) sheds light on the Board’s practice under 37 C.F.R. 42.108(c),...more

Jones Day

Additional Discovery: Must Be More Than Mere Possibility

Jones Day on

The PTAB recently denied a motion for additional discovery that sought the production of documents argued to be relevant to inventorship. In Watson Laboratories, Inc. v. United Therapeutics, Corp., Case IPR2017-01621 and...more

Miles & Stockbridge P.C.

Use of Patent Agents Increasingly Fortified

On Friday, February 23, 2018, the Texas Supreme Court overturned a lower court’s ruling that attorney-client privilege does not extend to patent agents. The ruling, bound to reverberate throughout the intellectual property...more

Jones Day

Failure to Refute Challenges to Real Parties-in-Interest Terminates 3 IPR Proceedings

Jones Day on

In prior blog posts, we have commented on PTAB decisions terminating IPR proceedings due to the Petitioner’s failure to identify all real parties-in-interest. See blog posts on Sanction For Failing to Update Real Party In...more

Morris James LLP

Court Affirms R&R Denying Sanctions

Morris James LLP on

Andrews, J. Court affirms magistrate’s report and recommendation denying sanctions. Plaintiff objects to the magistrate’s ruling declining to award sanctions for defendant’s failure to produce IDV data. Plaintiff...more

Pillsbury - Internet & Social Media Law Blog

Google Searches & Jury Selection: What Role Should Social Media Have in Voir Dire?

We have written previously about the role of traditional discovery roles in “newer” platforms, and how social media content can be discoverable and used in litigation. What about using information from social media in jury...more

Bracewell LLP

Know Them Before They are Famous (or at least final): The Latest USPTO Proposed Rule Changes

Bracewell LLP on

On August 19, 2015, the United States Patent and Trademark Office (USPTO) released proposed rule changes for trials before the Patent Trial and Appeal Board (PTAB). The proposed rule changes were made in response to input...more

Proskauer - New England IP Blog

Beware the Quagmire of Personal Jurisdiction

A plaintiff in the District of New Hampshire recently found itself stuck in an unenviable and inescapable jurisdictional hole. Plaintiff Presby Patent Trust sued Infiltrator Systems, a Connecticut-based manufacturer and...more

22 Results
 / 
View per page
Page: of 1

"My best business intelligence, in one easy email…"

Your first step to building a free, personalized, morning email brief covering pertinent authors and topics on JD Supra:
*By using the service, you signify your acceptance of JD Supra's Privacy Policy.
- hide
- hide