Category Archives: Expert Testimony

NOVA Chemicals Corporation, et al. v. Dow Chemical Company

Docket No. 2016-1576 DYK, MAYER, REYNA May 11, 2017 Brief Summary: DC award of attorney fees to Dow affirmed as NOVA’s litigation position was found to be “objectively baseless” under Octane Fitness (US 2014). Summary: NOVA appealed DC award of … Continue reading

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Coalition for Affordable Drugs X LLC (“CAD”) v. Anacor Pharmaceuticals, Inc.

IPR2015-02776 (US 7,582,621B2) Final Written Decision February 23, 2017 Brief Summary: Board found CAD had shown invalidity for obviousness of the ‘621 claims by a preponderance of the evidence. Summary: CAD petitioned for IPR of Anacor’s US 7,582,621 B2 on … Continue reading

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Sport Dimension, Inc. v. The Coleman Company

Docket No. 2015-1553 MOORE, HUGHES, STOLL April 19, 2016 Brief Summary: DC claim construction rejected “because it eliminates whole aspects of the claimed design”. DC exclusion of expert witness found not to be an abuse of discretion because of his … Continue reading

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Pride Mobility Products Corp. v. Permobil, Inc.

Docket No. 2015-1585, 2015-1586 IPR2013-000407 (8,408,598), IPR2013-00411 (8,408,343) REYNA, TARANTO, CHEN April 5, 2016 Brief Summary: Board claim construction of ‘343 claim 7 reversed (“We do not see how the claim language can mean anything else without obvious strain. The … Continue reading

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Rembrandt Vision Technologies, L.P. v. Johnson & Johnson Vision Care, Inc.

Docket No. 2015-1079 DYK, MOORE, STOLL April 7, 2016 Update: Cert. denied 1/17/17 (16-489) Brief Summary: DC refusal to grant a new trial under FRCP 60(b)(2) (newly discovered evidence) and 60(b)(3) (fraud) after false expert testimony reversed and remanded. Summary: … Continue reading

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Summit 6 LLC v. Samsung Electronics Co., Ltd. et al.

Docket No. 2013-1648, -1651 MOORE, MAYER, LINN September 21, 2015 Brief Summary: Jury findings / DC decisions affirmed regarding $15 million damages infringement award to Summit 6 affirmed. Summary: Jury found Summit’s US 7,765,482 five asserted claims relating to processing … Continue reading

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Virnetx, Inc. and SAIC v. Cisco Systems, Inc. and Apple Inc.

Docket No. 2013-1489 PROST, CHEN September 16, 2014 Brief Summary: DC claim construction finding reversed based on intrinsic evidence (specification). Infringment under DOE finding reversed because expert testimony did not show function in same “way”. Damages award vacated because based … Continue reading

Posted in Anticipation (35 USC 102), Claim Construction, Claim Differentiation, Damages, Doctrine of equivalents, Expert Testimony, Inducement to Infringe, Infringement | Leave a comment