News & Analysis as of

Infringement Expert Testimony

Axinn, Veltrop & Harkrider LLP

Alexa: What Is Plain and Ordinary Meaning?

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

Fitch, Even, Tabin & Flannery LLP

Federal Circuit Nails Unqualified Expert

On January 21, in Kyocera Senco Industrial Tools Inc. v. ITC, the Federal Circuit found that the patent owner’s expert witness on infringement was unqualified under the definition of the level of ordinary skill in the art...more

Dorsey & Whitney LLP

Doc Martens Gives the Boot to Likelihood of Confusion Expert in Trade Dress Dust-Up

Dorsey & Whitney LLP on

We’ve discussed a number of cases lately where flimsy consumer surveys were tossed out as unreliable under Daubert. This latest installment presents a slightly different twist....more

Fox Rothschild LLP

Judge Andrews Denies Defendant’s Motion To Exclude Plaintiff’s Expert Witness Testimony Relating To The Testing Of The Accused...

Fox Rothschild LLP on

By Memorandum Opinion entered by The Honorable Richard G. Andrews in TQ Delta, LLC v. 2Wire, Inc., Civil Action No. 13-1835-RGA (D.Del. July 14, 2021), the Court denied Defendant’s motion to exclude the testimony of...more

Morris James LLP

Daubert Motions Are Granted In Part; Relative Value Allocation Approach To Apportionment Is Unreliable

Morris James LLP on

Stark, C. J. Defendant’s Daubert motion is granted in part and the remaining part remains pending. Plaintiff’s motion to preclude testimony is denied in part and granted in part....more

Foley & Lardner LLP

Federal Circuit Finds Flexibility in Admissibility of Expert Testimony on Infringement

Foley & Lardner LLP on

In MeadWestVaco Corp. v. Rexam Beauty and Closures, Inc., the Federal Circuit upheld the admissibility of expert testimony that was not fully aligned with the district court’s claim construction. In so doing, the court...more

McDermott Will & Emery

IP Update, Vol. 16, No. 9, September 2013

McDermott Will & Emery on

Patents/Preliminary Injunction: Preliminary Injunction Ordered Based on Appellate Claim Construction Aria Diagnostics, Inc. v. Sequenom, Inc. - Addressing a preliminary injunction filed by a defendant in a...more

Foley Hoag LLP - Trademark, Copyright &...

Madden Football Copyright Verdict Under Booth Review

Electronic Arts, Inc. (“EA”), owner of the $4 billion John Madden Football videogame franchise, thought it had a pretty good defense when Robin Antonick filed suit in the Federal Court for the Northern District of California,...more

BakerHostetler

BakerHostetler Patent Watch: Rembrandt Vision Techs., Inc. v. Johnson & Johnson Vision Care, Inc.

BakerHostetler on

An expert witness may not testify to subject matter beyond the scope of the witness's expert report unless the failure to include that information in the report was "substantially justified or harmless."...more

McDonnell Boehnen Hulbert & Berghoff LLP

Cephalon, Inc. v. Watson Pharmaceuticals, Inc. (Fed. Cir. 2013)

Whether ANDA litigation has had a positive or negative impact on generic drug availability is an open question, in view of several recent reports looking at the effects such litigation has had on both branded and generic...more

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