News & Analysis as of

Patents Motion to Exclude

Schwabe, Williamson & Wyatt PC

Latest Federal Court Cases - October 2022

Provisur Technologies, Inc. v. Weber, Inc., Appeal Nos. 2021-1942, -1975 (Fed. Cir. Sept. 27, 2022) - In this week’s Case of the Week, the Federal Circuit reviewed an IPR decision and addressed the Patent Trial and Appeal...more

Akin Gump Strauss Hauer & Feld LLP

Inventor Declaration Excluded by PTAB Because Examination in Foreign Proceeding No Substitute for Cross-Examination by IPR Counsel

In two related inter partes review proceedings, the Patent Trial and Appeal Board granted a petitioner’s motion to exclude the declaration of an inventor because the patent owner failed to make him available for...more

Goodwin

Issue 36: PTAB Trial Tracker

Goodwin on

FORUM SELECTION CLAUSES MAY OR MAY NOT PRECLUDE PTAB REVIEW - In Kannuu Pty Ltd. v. Samsung Electronics Co., Ltd. & Samsung Electronics America, Inc., No. 21-1638 (Fed. Cir. Oct. 7, 2021), the Federal Circuit considered...more

McDonnell Boehnen Hulbert & Berghoff LLP

ToolGen Files Motion to Exclude Evidence, Broad Opposes, and ToolGen Replies in Interference No. 106,126

On October 1st, Senior Party ToolGen Inc. filed its Motion to Exclude certain evidence presented by Junior Party the Broad Institute, Harvard University, and MIT (collectively, "Broad") in Interference No. 106,126.  Broad...more

McDonnell Boehnen Hulbert & Berghoff LLP

ToolGen Files Motion to Exclude Evidence, CVC Opposes, and ToolGen Replies in Interference No. 106,127

In its turn, on September 17th, Senior Party ToolGen Inc. filed its Motion to Exclude certain evidence presented by Junior Party the University of California/Berkeley, the University of Vienna, and Emmanuelle Charpentier...more

McDonnell Boehnen Hulbert & Berghoff LLP

CVC Files Motion to Exclude Evidence, ToolGen Opposes, and CVC Replies in Interference No. 106,126

On September 17th, Junior Party the University of California/Berkeley, the University of Vienna, and Emmanuelle Charpentier (collectively, "CVC") filed its Motion to Exclude certain evidence presented by Senior Party ToolGen...more

Jones Day

Motion to Exclude Improper Vehicle For Addressing Non-Responsive Evidence

Jones Day on

In Apple, Inc. v. Parus Holdings, Inc. (IPR2020-00686), the PTAB denied the Patent Owner’s motion to exclude portions of the Petitioner’s supplemental expert declaration. Here the Patent Owner sought to exclude a number of...more

McDonnell Boehnen Hulbert & Berghoff LLP

CVC Opposes Broad's Motion to Exclude Evidence and Broad Files Reply

Late last month, Junior Party University of California/Berkeley, the University of Vienna, and Emmanuelle Charpentier (hereinafter, "CVC") and Senior Party The Broad Institute, Massachusetts Institute of Technology, and...more

McDonnell Boehnen Hulbert & Berghoff LLP

Broad Opposes CVC's Motion to Exclude Evidence and CVC Files Reply

Late last month, Junior Party University of California/Berkeley, the University of Vienna, and Emmanuelle Charpentier (hereinafter, "CVC") and Senior Party The Broad Institute, Massachusetts Institute of Technology, and...more

McDonnell Boehnen Hulbert & Berghoff LLP

CRISPR Interference Parties File Motions to Exclude Evidence and for Oral Hearing

Junior Party University of California/Berkeley, the University of Vienna, and Emmanuelle Charpentier (hereinafter, "CVC") and Senior Party The Broad Institute, Massachusetts Institute of Technology, and Harvard University...more

McDonnell Boehnen Hulbert & Berghoff LLP

CVC Files Reply to Broad Opposition to CVC's Motion to Exclude Broad Evidence

On April 17th, CVC filed its Reply to Broad's Opposition (filed on April 9th) to CVC's Miscellaneous Motion No. 2 to Exclude Evidence filed (on April 2nd), in Interference No 106,155 between Senior Party The Broad Institute,...more

McDonnell Boehnen Hulbert & Berghoff LLP

CVC Files Motion to Exclude Broad Evidence; Broad Opposes

The latest installment in the cat-and-mouse game of deciding priority in Interference No 106,155 between Senior Party The Broad Institute, Harvard University, and the Massachusetts Institute of Technology (collectively,...more

Fox Rothschild LLP

Judge Andrews Grants Defendants’ Motion To Exclude A Portion Of Plaintiff’s Damages Expert’s Opinion In Patent Infringement Action

Fox Rothschild LLP on

By Memorandum Order entered by The Honorable Richard G. Andrews in TC Technology LLC v. Sprint Corp., Civil Action No. 16-153 – RGA (D.Del. October 18, 2019), the Court granted Defendants’ motion to exclude a portion of...more

Jones Day

No Basis For Broad Exclusion Of Inventor Testimony

Jones Day on

The Board has broad discretion to determine how much weight should be given to inventor testimony, but as long as the testimony does not relate to the inventor’s opinion about the meaning of a claim term, there is no basis...more

Fox Rothschild LLP

Judge Andrews Grants In Part Defendant’s Motion To Exclude Plaintiffs Expert’s Lost Profits Opinion In Patent Infringement Action

Fox Rothschild LLP on

By Memorandum Opinion entered by The Honorable Richard G. Andrews in Alarm.com, Inc. et al. v. Securenet Technologies LLC, Civil Action No. 15-807-RGA (D.Del. January 8, 2019), the Court granted-in-part Defendant’s Motion to...more

Akin Gump Strauss Hauer & Feld LLP

PTAB Denies Request to Cross-Examine Experts Because Declarations Were Prepared for Other Proceedings and Were Not “Critical”...

In an ongoing inter partes review (IPR) proceeding, the Patent Trial and Appeal Board (the “Board”) denied Petitioner Nestlé Healthcare Nutrition, Inc.’s request to cross examine two expert witnesses after Patent Owner...more

Fox Rothschild LLP

Judge Andrews Denies Defendant’s Motion To Exclude Supplemental Expert Report And Opinion Of Plaintiffs’ Damages Expert In Patent...

Fox Rothschild LLP on

By Memorandum Order entered by The Honorable Richard G. Andrews in Bio-Rad Laboratories, Inc. et al. v. 10X Genomics, Inc., Civil Action No. 15-152-RGA (D.Del. November 2, 2018), the Court denied Defendant’s motion to exclude...more

Knobbe Martens

Recent Update on Patent Trial Practice Guide

Knobbe Martens on

The United States Patent and Trademark Office (USPTO) published an update to the AIA Trial Practice Guide (‘‘Trial Practice Guide’’) in August 2018 to revise guidance on practices before the Patent Trial and Appeal Board...more

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

PTAB Strategies and Insights - August 2018: Summary of Trial Practice Guide Updates

On August 10, 2018, the United States Patent and Trademark Office published a Federal Register notice announcing updates to the Office Patent Trial Practice Guide (TPG). The TPG was first published in August 2012 to provide...more

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

Exclusion of Evidence at the PTAB - Does it ever happen?

Experienced PTAB practitioners know that the Board rarely grants motions to exclude evidence in Post Grant proceedings. In this article, we look beyond the grim anecdotes and provide some statistics, as well as the Board’s...more

Akin Gump Strauss Hauer & Feld LLP

The PTAB Holds That Testimony Concerning Customer Statements and Their State of Mind Constitutes Hearsay

On September 22, 2017, the United States Patent Trial and Appeal Board (PTAB) issued a final written decision regarding claims directed to a switching regulator comprising a power switch and a control circuit. The PTAB found...more

Jones Day

Handling Improper Coaching of Witnesses During PTAB Deposition Proceedings

Jones Day on

Many attorneys have encountered an opposing party’s witness that provides very concise, supportive responses to the questions of the witness’s own attorney after a recess in a deposition. Often, these helpful responses occur...more

Akin Gump Strauss Hauer & Feld LLP

Judge Chhabria Excludes Damages Survey Based on the Survey’s Reliance Upon a Rejected Claim Construction

On February 14, 2017, Judge Chhabria of the Northern District of California granted, in part, Apple’s motion to exclude the expert report of Unwired Planet’s survey expert, Dr. Allenby. Dr. Allenby was hired to conduct a...more

Morris James LLP

Two Daubert Motions Are Granted.

Morris James LLP on

M2M Solutions LLC v. Motorola Solutions, Inc., et al., C.A. No. 12-33 - RGA, February 25, 2016 - Andrews, J. Defendant’s motion to exclude damages experts’ testimony is granted. Plaintiff’s motion to exclude opinions of...more

McDermott Will & Emery

“Supplemental Evidence” Versus “Supplemental Information” (CaptionCall, LLC, v. Ultratec, Inc.)

Addressing the requirements to offer supplemental evidence and information, the Patent Trial and Appeal Board (PTAB or Board) denied the patent owner’s requests for authorization to file a motion to submit supplemental...more

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