News & Analysis as of

Patent Litigation Intellectual Property Protection Expert Witness

McDermott Will & Emery

No Matter How You Slice and Dice It, Conclusory Evidence Can’t Support Entire Market Value Damages

McDermott Will & Emery on

The US Court of Appeals for the Federal Circuit concluded that the entire market value rule was not applicable where conclusory expert testimony was the only evidence that a product’s infringing features drove consumer...more

J.S. Held

Case Law Update: Timing of Technical Expert Analysis of Non-Infringing Alternatives in Smart Path Connections

J.S. Held on

Recent case law may impact the timing of defendant technical expert analysis and opinion regarding non-infringing alternatives in patent infringement litigation. On March 13, 2024, Magistrate Judge Roy S. Payne, in the United...more

Baker Botts L.L.P.

Intellectual Property Report - August 2024

Baker Botts L.L.P. on

Be an Expert: Precedential PTAB Decision on Conclusory Expert TestimonyStutti TilwaA recent precedential decision from the Patent Trial and Appeal Board (“PTAB”) may serve as a warning for those parties who plan on relying on...more

Baker Botts L.L.P.

Be an Expert: Precedential PTAB Decision on Conclusory Expert Testimony

Baker Botts L.L.P. on

A recent precedential decision from the Patent Trial and Appeal Board (“PTAB”) may serve as a warning for those parties who plan on relying on expert declarations in their inter partes reviews (“IPR”). On August 24, 2022, the...more

Fish & Richardson

Amended FRE 702 on Expert Testimony Effective December 1, 2023

Fish & Richardson on

Experts play a key role in patent litigation as they explain complex technical issues including infringement, validity, and damages to judges and juries. The persuasiveness of their testimony can often mean the difference...more

American Conference Institute (ACI)

[Event] 21st Annual Life Sciences IP Summit - September 27th - 28th, Munich, Germany

Hosted by C5 Group, the 21st Annual Life Sciences IP Summit returns for another exciting year with curated programming with speakers from the pharma, biotech and medical device industries that will provide practical insights...more

IMS Legal Strategies

IMS Expert Insights: An Expert Witness Perspective on Inter Partes Review of Patents

IMS Legal Strategies on

An inter partes review (or IPR) of a patent is a trial proceeding conducted by the Patent Trial and Appeal Board (PTAB) when there is a challenge to patentability. The procedure for conducting IPRs took effect in 2012 and...more

Sunstein LLP

It’s Not Complicated: Make Sure the Technical Expert You Retain to Testify About Infringement Has Credentials That Match the Level...

Sunstein LLP on

In infringement suits, the patentee must show that each element of a patent claim is infringed either literally by an accused product or infringed under the doctrine of equivalents. Literal infringement means the accused...more

Sterne, Kessler, Goldstein & Fox P.L.L.C.

2021 PTAB Year in Review: Analysis & Trends

[co-author: Jamie Dohopolski] Love it or hate it, ignore the USPTO Patent Trial and Appeal Board (PTAB) at your peril. The introduction of the PTAB as part of the America Invents Act over ten years ago has forever changed...more

Sterne, Kessler, Goldstein & Fox P.L.L.C.

PTAB Strategies and Insights: January 2022 - Federal Circuit Holds that Your Technical Expert Must be a POSA

In Kyocera Senco Industrial Tools Inc. v. International Trade Commission, the Federal Circuit held in a precedential opinion that expert witnesses must at least have ordinary skill in the art. Because Kyocera’s expert did not...more

Sterne, Kessler, Goldstein & Fox P.L.L.C.

PTAB Strategies and Insights: January 2022 - Does the Limit Exist?: Negative Limitations in Novartis v. Accord

In an appeal, Novartis Pharmaceuticals v. Accord Healthcare, Inc., the issue of whether a patent provides sufficient written description of a negative limitation split the panel at the Federal Circuit. Novartis...more

Sterne, Kessler, Goldstein & Fox P.L.L.C.

PTAB Strategies and Insights: January 2022

The PTAB Strategies and Insights newsletter provides timely updates and insights into how best to handle proceedings at the USPTO. It is designed to increase return on investment for all stakeholders looking at the entire...more

A&O Shearman

Expert Evidence in patent cases: recent guidance from the Bench

A&O Shearman on

As Lord Justice Arnold highlighted in one of his last judgments as a trial judge, the Patents Court “depends on the assistance it receives from expert witnesses”. ...more

Farella Braun + Martel LLP

Insights Into the First Patent Trial in Waco, Texas - MV3 Partners v. Roku

A 7-person jury in Waco, Texas, recently returned its verdict in the first patent trial held before Judge Albright: defense verdict, no finding of infringement. In the MV3 Partners v. Roku dispute, MV3 Partners had sought...more

Goodwin

ITC 337 Quarterly Insider Q2 2020

Goodwin on

Goodwin’s 337 Quarterly Insider remains the premiere publicly available source for keeping up to date on all meaningful decisions coming out of the Commission. Please find below Goodwin’s insights on the months of April, May,...more

Jones Day

Strategic Decision to Forgo Expert Does Not Allow a “Second Bite”

Jones Day on

The PTAB recently denied petitioner’s request for rehearing of a decision denying institution of inter partes review, rejecting the argument that the Board’s denial was based on an erroneous analysis of the “non-exhaustive”...more

16 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