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Motion To Strike Expert Testimony Patent Litigation

Akin Gump Strauss Hauer & Feld LLP

Patent Damages Based on Avoided Costs Do Not Invoke the Entire Market Value Rule

In ruling on a recent motion to strike, a judge in the Eastern District of Texas permitted a damages expert to rely on a damages theory based on defendant’s “avoided costs,” holding that this theory did not run afoul of the...more

McDermott Will & Schulte

Game Over when Expert Fails to Use Correct Claim Construction

The US Court of Appeals for the Federal Circuit concluded that a district court did not abuse its discretion in striking expert testimony where the testimony did not rely on an agreed and court-adopted claim construction....more

Akin Gump Strauss Hauer & Feld LLP

PTAB Strikes from IPR Record References Introduced After Institution that Purportedly Showed State of the Art

The Patent Trial and Appeal Board has granted in part a Patent Owner’s motion to strike Petitioner’s Reply for improperly raising new arguments and citing new evidence. The Board, however, declined to throw out the entirety...more

Knobbe Martens

Recent Update on Patent Trial Practice Guide

Knobbe Martens on

The United States Patent and Trademark Office (USPTO) published an update to the AIA Trial Practice Guide (‘‘Trial Practice Guide’’) in August 2018 to revise guidance on practices before the Patent Trial and Appeal Board...more

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