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Recent Posts
- TTAB decision to cancel soda-related marks as requested by Coca-Cola reversed
- DC indefiniteness conclusion vacated for incorrect claim construction, grant of SJ regarding jurisdiction vacated
- Rehearing reverses prior FC panel decision, concluding instead that negative limitation not described by specification, reverses DC finding of no invalidity
- Board IPR findings of obviousness based on inherency affirmed
- DC correctly construed claims (e.g., “and” means “and/or”) but improperly denied pre-judgment interest
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Category Archives: Expert Testimony
Claim construction affirmed, Hulu’s SJ grant of noninfringement vacated and remanded; damages testimony exclusion affirmed
Sound View Innovations, LLC v. Hulu, LLC Docket No. 2021-1998 (https://cafc.uscourts.gov/opinions-orders/21-1998.OPINION.5-11-2022_1950301.pdf) PROST, MAYER, TARANTO May 11, 2022 Brief Summary: DC claim construction affirmed but SJ grant of noninfringement vacated and remanded; exclusion of certain damages testimony affirmed. Summary: Sound … Continue reading
DC grant of SJ reversed and remanded due to improper finding of indefiniteness
Niazi Licensing Corporation v. St. Jude Medical S.C., Inc. Docket No. 2021-1864 (https://cafc.uscourts.gov/opinions-orders/21-1864.OPINION.4-11-2022_1934126.pdf) TARANTO, BRYSON, STOLL April 11, 2022 Brief Summary: DC findings of indefiniteness reversed, but induced infringement, exclusion of expert witness report and damages findings affirmed. Summary: … Continue reading
DC grant of SJ reversed as based on improper claim construction (no clear PHE)
Genuine Enabling Technology LLC v. Nintendo Co. et al. Docket No. 2021-2167 (https://cafc.uscourts.gov/opinions-orders/20-2167.OPINION.4-1-2022_1930021.pdf) NEWMAN, REYNA, STOLL April 1, 2022 Brief Summary: DC grant of summary judgment reversed as FC panel found claim construction errors. Summary: Genuine sued Nintendo for … Continue reading
Sharp and Vizio not shown to infringe Wi-Lan’s flicker effect patents, FC panel affirmed
Wi-Lan Inc. v. Sharp Electronics Corporation, Vizio, Inc. Docket No. 2020-1041, -1043 (http://www.cafc.uscourts.gov/sites/default/files/opinions-orders/20-1041.OPINION.4-6-2021_1759180.pdf) MOORE, REYNA, HUGHES April 6, 2021 Brief Summary: DC grant of SJ of non-infringement and claim construction findings affirmed. Summary: Wi-Lan appealed DC finding that neither Sharp … Continue reading
Acoustic’s IPR time-bar arguments waived; anticipation and obviousness findings affirmed
Acoustic Technology, Inc. v. Itron Networked Solutions, Inc. Docket No. 2019-1061 (IPR2017-1061) (see also FC Docket Nos. 2019-1059, -1060) MOORE, REYNA, TARANTO February 13, 2020 Brief Summary: Appeal based on time-bar arguments not presented to the Board were waived; anticipation … Continue reading
“Lay witness” not qualified as an expert cannot testify as to conclusion of obviousness
HVLPO2, LLC v. Oxygen Frog, LLC, Scott D. Fleischman Docket No. 2019-1649 NEWMAN, MOORE, CHEN February 5, 2020 Brief Summary: DC’s limiting jury instructions regarding obviousness because “lay witness” was not qualified as an expert. Summary: HVO appealed DC denial … Continue reading
Posted in Expert Testimony, Obviousness, Uncategorized
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Exmark Mfg. Co. Inc. v. Briggs & Stratton Power Products Group, LLC
Docket Nos. 2016-2197 WALLACH, CHEN, STOLL January 12, 2018 Brief summary: DC decision vacated and remanded as expert opinion on damages was insufficient, and to determine whether Briggs’ prior art defenses were “litigation-inspired” (Halo, US 2017). Summary: Briggs appealed the … Continue reading
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
Posted in Appeal, Attorney's Fees, Expert Testimony
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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