Patents, Litigation Strategies, Expert Testimony

Key Federal Circuit Patent Rulings Impacting Your Business…

Fenwick & West LLP on 7/3/2025

In EcoFactor, Inc. v. Google LLC, the en banc United States Court of Appeals for the Federal Circuit reversed a district court’s denial of a new trial on damages because EcoFactor’s expert’s opinion was unreliable under Fed....more

Patent Owner Tip #7 for Surviving an Instituted IPR: Work with Your Expert to Make the Declaration Navigable and Well Supported

Mintz - Intellectual Property Viewpoints on 5/21/2021

Expert declarations are an essential component of any patent owner’s effort to survive an instituted inter partes review (“IPR”). The Board relies heavily on expert testimony in order to evaluate and understand the technology...more

Patent Owner Tip #5 for Surviving An Instituted IPR: The Right Expert Can Save Your Patent

Mintz - Intellectual Property Viewpoints on 5/7/2021

The right expert can be the critical piece that saves the validity of your patent. Finding the right expert for a patent owner requires careful selection and due diligence. We previously detailed how your expert’s testimony...more

Tip #4 for Avoiding IPR Institution: Don’t Argue Facts

Mintz - Intellectual Property Viewpoints on 11/9/2020

We’ve previously written that the best defense to an IPR challenge is avoiding IPR institution altogether. In addition to the other tips discussed in this series of posts, another strategy for avoiding institution is focusing...more

FanDuel Learns the Hard Way: An IPR Challenge to Any Patent Claim May be Lost if Not Comprehensive and Rigorous Enough

Sunstein LLP on 9/1/2020

As we demonstrated in our own successful appeal, Arendi S.A.R.L. v. Apple Inc. (Fed. Cir. 2016), a petition for inter partes review (“IPR”) may fail when an expert declaration lacks detailed explanation. An expert’s...more

ITC Excludes Expert Testimony for Violation of Ground Rules

Jones Day on 7/22/2019

In a recently issued order, ALJ Lord granted-in-part and denied-in-part Respondents’ motion in limine to exclude certain testimony of Complainants’ expert. Certain Radio Frequency Microneedle Dermatological Treatment Devices...more

Anticipation by Combining Elements from the Four Corners of a Reference

Jones Day on 4/2/2018

In a January 12 article, Anticipation Requires More Than A Reference That Discloses All The Elements, we discussed the Microsoft Corp v. Biscotti, Inc. case, where the Federal Circuit affirmed a decision of the PTAB finding...more

Proving Inherent Anticipation – Make or Break Your Case With Expert Testimony

McDonnell Boehnen Hulbert & Berghoff LLP on 2/25/2015

Anticipation is a basic concept in patent law. On its face the concept is simple—if a single prior art reference teaches every element of a claim in the proper context, then the claim is not patentable, i.e., it is...more

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