Expert Testimony, Remand, Patent Invalidity

Dim damages methods can doom bright ideas

McDermott Will & Schulte on 8/7/2025

In a mixed ruling on evidentiary exclusions and damages methodology, the US Court of Appeals for the Federal Circuit affirmed in part, reversed in part, vacated in part, and remanded a district court’s decision that excluded...more

Federal Circuit Appeals from the PTAB and ITC: Summaries of Key 2022 Decisions

Sterne, Kessler, Goldstein & Fox P.L.L.C. on 2/8/2023

As part of the recovery from the global COVID-19 pandemic, the U.S. Court of Appeals for the Federal Circuit took steps to return to normal operations. It began requiring live oral arguments in August 2022 and, by November,...more

Non-Expert Testimony on Obviousness Is Inadmissible

Knobbe Martens on 2/10/2020

HVLPO2, LLC v. OXYGEN FROG, LLC - Before Newman, Moore, and Chen. Appeal from the United States District Court for the Northern District of Florida. Summary: It is an abuse of discretion to permit a witness to testify...more

Cold Pattern Forecast: Piecemeal Design Evaluation Yields Improper Infringement Analysis

McDermott Will & Schulte on 12/31/2019

In a procedurally complicated case involving allegations of both utility and design patent infringement, the US Court of Appeals for the Federal Circuit found that a district court’s piecemeal approach to a design patent...more

Federal Circuit Review - September 2018

Knobbe Martens on 10/30/2018

Federal Circuit Finds Claims Issued from Reexamination Co-Pending with Appeal Ineligible Where the Changes Did Not Affect Section 101 Eligibility - In SAP AMERICA, Inc. v. InvestPic, LLC, Appeal No. 2017-2081, the...more

Federal Circuit Appeals from the PTAB: Summaries of Key 2017 Decisions

Sterne, Kessler, Goldstein & Fox P.L.L.C. on 3/19/2018

In 2016, the US Court of Appeals for the Federal Circuit docketed more appeals from the US Patent and Trademark Office (PTO) than any other venue—a first in its over 30-year history. The post grant proceedings created by the...more