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Motion For New Trial Obviousness

McDermott Will & Emery

Tag, You’re It: Sanctions Award Must Reflect Violative Conduct

McDermott Will & Emery on

The US Court of Appeals for the Federal Circuit determined that an accused infringer was entitled to a new trial relating to validity issues but still faced sanctions for its continuous disregard of its discovery obligations....more

Akin Gump Strauss Hauer & Feld LLP

Only an Expert Can Offer Opinions on Obviousness

In a precedential decision in HVLPO2, LLC v. Oxygen Frog, LLC, the Federal Circuit held that non-expert testimony on obviousness is inadmissible, further finding that the district court abused its discretion by allowing a lay...more

McDonnell Boehnen Hulbert & Berghoff LLP

HVLPO2, LLC v. Oxygen Frog, LLC (Fed. Cir. 2020)

Expert witness testimony is a frequent (almost ubiquitous) feature of patent litigation, if only because questions of the state of the art or the understanding of one having ordinary skill in the art are almost always at...more

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