Category Archives: Expert Testimony

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

Posted in Anticipation (35 USC 102), Appeal, Expert Testimony, Inter Parties Review (IPR), IPR, Obviousness | Leave a comment

“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

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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

Posted in Anticipation (35 USC 102), Damages, Expert Testimony, Indefiniteness, Laches, Obviousness, Reexamination, Willfullness | Leave a comment

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

Posted in Claim Construction, Design Patents, Expert Testimony | Leave a comment

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

Posted in Claim Construction, Expert Testimony, Inter Parties Review (IPR), IPR | Leave a comment