News & Analysis as of

Witness Statements Patent Litigation

Akin Gump Strauss Hauer & Feld LLP

Witness Testimony Regarding Intent to Infringe Excluded Because Defendant Refused Such Discovery Based on Privilege

The U.S. District Court for the District of Colorado granted a motion in limine to preclude testimony from corporate executives about their “business understanding” regarding infringement because the defendant previously...more

Knobbe Martens

Federal Circuit Review - May 2021

Knobbe Martens on

Court Grants Relief From Judgment After Witness Lies About the Bed of Its Own Making - In Cap Export, LLC v. Zinus, Inc., Appeal No. 20-2087, the Federal Circuit held that a judgment and injunction were properly set aside...more

Goodwin

ITC 337 Quarterly Insider Q2 2020

Goodwin on

Goodwin’s 337 Quarterly Insider remains the premiere publicly available source for keeping up to date on all meaningful decisions coming out of the Commission. Please find below Goodwin’s insights on the months of April, May,...more

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

PTAB Strategies and Insights - June 2018: PTAB AIA Proceeding Deposition Strategy

Depositions are an important, yet sometimes overlooked, part of AIA proceedings, such as inter partes review (“IPR”) trial proceedings. It is important to understand that IPR depositions differ in significant ways – both in...more

Jones Day

Federal Circuit Clarifies Probative Value of Patent Dance Statements

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The Situation: The Biologics Price Competition and Innovation Act was considered in a November 2017 decision by the United States Court of Appeals for the Federal Circuit. The Result: The court found that the commercial...more

Mintz - Intellectual Property Viewpoints

Federal Circuit Evaluates Import of Factual Statements Made During BPCIA Pre-litigation Patent Dance

In a nonprecedential opinion issued on November 13, 2017, the United States Court of Appeals for the Federal Circuit affirmed a district court finding that Apotex’s aBLAs for biosimilar versions of Neulasta® and Neupogen® did...more

Jones Day

Handling Improper Coaching of Witnesses During PTAB Deposition Proceedings

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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

Latham & Watkins LLP

Patent Owner Statements During IPR May Limit Claim Scope

Latham & Watkins LLP on

Federal Circuit holds that patent owner’s statements can trigger prosecution disclaimers. On May 11, 2017 in Aylus Networks, Inc. v. Apple Inc., the Federal Circuit addressed for the first time whether statements made...more

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