News & Analysis as of

Patent Litigation Expert Reports

Axinn, Veltrop & Harkrider LLP

Patent Damages Procedural Fails Keep Coming

Last month I checked in on a discovery dispute regarding the timeliness of disclosing noninfringing alternatives (NIAs) in a case with only two rounds of expert reports. I noted that the problem (defendant waiting until the...more

Axinn, Veltrop & Harkrider LLP

The Sewage of Expert Report Deadlines

Expert report deadlines are a feature of every patent case's scheduling order, but they nevertheless are the constant source of disputes. For example, battles over whether to have two or three or four rounds of expert reports...more

Axinn, Veltrop & Harkrider LLP

Contentions & Expert Reports: A Match Made in [Someplace]

The interplay between contentions and expert reports in a patent case always requires considered judgment. The common sense rule that an expert may “expand on” but not “deviate from” a party's contentions is easy to say but...more

IMS Legal Strategies

[Webinar] The Art of Teaching Complex Technology in Patent Litigation - October 5th, 12:00 pm - 1:00 pm ET

IMS Legal Strategies on

No matter how complex or arcane the technology in a patent dispute might be, there is always a way to simplify it. Everything can be distilled down into clear, concise, and accurate explanations that judges, juries, and other...more

McDermott Will & Emery

Game Over when Expert Fails to Use Correct Claim Construction

McDermott Will & Emery on

The US Court of Appeals for the Federal Circuit concluded that a district court did not abuse its discretion in striking expert testimony where the testimony did not rely on an agreed and court-adopted claim construction....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

Weintraub Tobin

District Court Considers Acceptable Limits to Attorney Participation in Drafting of Expert Reports

Weintraub Tobin on

In Munchkin, Inc. v. Tomy International, Inc., 1-18-cv-06337 (NDIL May. 24, 2022) the Court considered the permissible extent of attorney participation in the preparation of an expert report. The Court did so in response to...more

Jones Day

An Important Reminder: Failure To Strictly Follow Ground Rules In ITC Can Have Harsh Consequences

Jones Day on

Citing gamesmanship and a failure to follow the Ground Rules, Chief Administrative Law Judge (“ALJ”) Bullock recently issued an opinion striking portions of Complainant’s expert report. Certain Blow-Molded Bag-In-Container...more

Proskauer - New England IP Blog

Scope of Brain Imaging Patent Dispute Comes into Focus

Judge Stearns recently clarified the scope of an almost five-year-old multi-district patent dispute in the District of Massachusetts. Since early 2013, Judge Stearns has presided over NeuroGrafix’ allegations of patent...more

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