Evidence, Claim Construction, Discovery

PTAB Year in Review – Caveat Experimenter: Using Experimental Data in PTAB Proceedings Comes With Risks

Sterne, Kessler, Goldstein & Fox P.L.L.C. on 3/7/2025

Parties involved in Patent Trial and Appeal Board (PTAB) proceedings sometimes contemplate submitting experimental data to support their positions. Although such data can be useful, there also are risks. Several recent cases...more

New Trial Granted Because “Nearly All” of the Defendant’s Noninfringement Evidence Was Untimely

Knobbe Martens on 2/14/2025

The district court erred by admitting untimely expert testimony on noninfringement and by refusing to grant a new trial after the jury found noninfringement. Trudell Medical International (“Trudell”) sued D R Burton...more

There’s an Exception to Every Rule: Judge Schofield Finds a Comparison of the Plaintiff’s Patented System and the Accused System...

Patterson Belknap Webb & Tyler LLP on 1/21/2025

In a recently published opinion, Judge Lorna G. Schofield (S.D.N.Y.) found that it was appropriate to compare the accused system to a plaintiff’s commercial system embodying the asserted patent claims, rather than the patent...more

Evidence › Claim Construction › Discovery

PTAB Year in Review – Caveat Experimenter: Using Experimental Data in PTAB Proceedings Comes With Risks

New Trial Granted Because “Nearly All” of the Defendant’s Noninfringement Evidence Was Untimely

There’s an Exception to Every Rule: Judge Schofield Finds a Comparison of the Plaintiff’s Patented System and the Accused System...

No Genuine Issue of Fact Where Petitioner’s Claim Construction Is Wrong

Intellectual Property Bulletin - Summer 2015

Know Them Before They are Famous (or at least final): The Latest USPTO Proposed Rule Changes

Evidence › Claim Construction › Discovery

PTAB Year in Review – Caveat Experimenter: Using Experimental Data in PTAB Proceedings Comes With Risks

New Trial Granted Because “Nearly All” of the Defendant’s Noninfringement Evidence Was Untimely

There’s an Exception to Every Rule: Judge Schofield Finds a Comparison of the Plaintiff’s Patented System and the Accused System...

No Genuine Issue of Fact Where Petitioner’s Claim Construction Is Wrong

Intellectual Property Bulletin - Summer 2015

Know Them Before They are Famous (or at least final): The Latest USPTO Proposed Rule Changes

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