News & Analysis as of

Patent Infringement Motion To Strike Expert Testimony

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

Fox Rothschild LLP

Judge Andrews Grants Defendant’s Motion To Strike Plaintiff’s Untimely Disclosed Theories Of Patent Infringement In Opening Expert...

Fox Rothschild LLP on

By Memorandum entered by The Honorable Richard G. Andrews in Viatech Technologies, Inc. v. Microsoft Corp., Civil Action No. 17-570-RGA (D.Del. February 19, 2021), the Court granted Defendant’s motion to strike barring...more

Proskauer - New England IP Blog

Court Bounces Untimely Extrinsic Evidence in Claim Construction Phase

In order to carry out the “just, speedy, and inexpensive determination” of the cases before them, courts rely on scheduling orders to ensure that cases move forward in a timely and efficient manner. In patent cases, where...more

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