Chemical Engineering Expert Witness Experience & Discovery – IMS Insights Podcast Episode 48
Podcast: Science in the Courtroom
Fish Post-Grant Radio: Episode #15: Nick Tsui, Alston & Bird
Bar Exam Toolbox Podcast Episode 159: Listen and Learn -- Evidence: Expert vs. Lay Witness Testimony
Podcast: What Witness Preparation Means
Podcast: Seven Witness Preparation Mistakes Lawyers Make
Podcast: Raise Your Right Hand, Miss Lillian
Jones Day Talks Intellectual Property: Blurrier Lines and Narrow Grounds—Implications of the Ninth Circuit’s Blurred Lines Decision
Episode 015: Confessions of a Business Appraiser: A Conversation with Chris Mercer
Inter Partes Review: Validity Before the PTAB
Supreme Court Raises the Bar for Class Certification in Comcast Corp. v. Behrend
Precedential and Key Federal Circuit Opinions - WISCONSIN ALUMNI RESEARCH FOUNDATION v. APPLE INC. [OPINION] (2022-1884, 8/28/2024) (Prost, Taranto, and Chen) - Prost, J. The Court affirmed two final judgments of the...more
The hypothetical person with ordinary skill in the art will have a certain amount of requisite experience in the subject matter of the patent at the time of the invention of the patent....more
Is “milk” an item, or just a word? This question, among others, is set to be answered on January 12, 2024, as Freshub Inc. (Freshub) and Amazon.com, Inc. (Amazon) argue before the Federal Circuit (Nos. 22-1391, 2022-1425). ...more
Substantial Evidence in Determining Obviousness - In Schwendimann v. Neenah, Inc, Appeal No. 22-1335, the Federal Circuit held that the PTAB’s finding on obviousness is supported by substantial evidence that a skilled...more
The US Court of Appeals for the Federal Circuit upheld a district court’s claim construction and jury instructions but reversed a premature judgment as a matter of law (JMOL) on obviousness and an imprecise damages award....more
Cyntec Company, Ltd. v. Chilisin Electronics Corp., Appeal No. 2022-1873 (Fed. Cir. Oct. 16, 2023) In this week’s Case of the Week, the Federal Circuit reversed and remanded a California district court’s judgment as a...more
Inter partes reviews (IPRs) are litigation-like procedures held before the Patent Trial and Appeal Board (PTAB) of the United States Patent and Trademark Office that are used to challenge the validity of patents. Typically,...more
The patent holder, Kyocera, filed a complaint in the International Trade Commission against Koki in Certain Gas Spring Nailer Prods. & Components Thereof, Inv. No. 337-TA-1082, 2020 WL 2093834 (Apr. 28, 2020). Kyocera’s...more
On December 15, in Uniloc 2017 LLC v. Netflix, Inc. (nonprecedential), the Federal Circuit affirmed a Patent Trial and Appeal Board (PTAB) determination that a claim of Uniloc’s U.S. 6,584,229 patent was unpatentable as...more
The US Court of Appeals for the Federal Circuit affirmed a Patent Trial & Appeal Board (Board) obviousness decision after finding that the patent owner failed to explain how its cited extrinsic evidence supported its proposed...more
I. Introduction - In Treehouse Avatar LLC v. Valve Corp., the Federal Circuit affirmed the Western District of Washington’s decisions to (i) strike portions of an expert report that failed to apply the parties agreed upon...more
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
TREEHOUSE AVATAR LLC v. VALVE CORPORATION - Before Lourie, Reyna, and Stoll. Appeal from the U.S. District Court for the Western District of Washington. Summary: The district court did not abuse its discretion in...more
CAREDX, INC. V. NATERA, INC. Before Lourie, Bryson, and Hughes - Summary: Expert testimony that steps of challenged patent claims were unconventional failed to preclude summary judgment of ineligibility where...more
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
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
The US Court of Appeals for the Federal Circuit reversed a district court’s grant of summary judgment of noninfringement after concluding that the district court erred by relying on expert testimony to construe a claim term...more
Genuine Enabling Technology LLC v. Nintendo Co., Ltd., Appeal No. 2020-2167 (Fed. Cir. Apr. 1, 2022) - The Federal Circuit’s only precedential patent opinion this week turned on issues of claim construction. In...more
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
In Kyocera Senco Industrial Tools Inc. v. International Trade Commission, the Federal Circuit held that an expert who did not possess the specific defined level of ordinary skill in the art could not testify about...more
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 patent litigation. In its first...more
[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
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
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