News & Analysis as of

Patent Trial and Appeal Board POSITA Expert Testimony

McDermott Will & Emery

Construing Unambiguous Claim Language and Qualifying Challenged Expert as POSITA

McDermott Will & Emery on

Addressing the issues of claim construction and the requisite expert qualifications to testify on obviousness and anticipation, the US Court of Appeals for the Federal Circuit vacated a Patent Trial & Appeal Board decision...more

Morrison & Foerster LLP - Federal Circuitry

Last Week in the Federal Circuit (March 29-April 2): A POSA By Any Other Name …

In a slow week, the Federal Circuit nevertheless gave patent litigators everywhere a non-precedential opinion to nibble on about the definition of the ever-present person having ordinary skill in the art.  Below we provide...more

McDermott Will & Emery

Unsupported Expert Testimony Isn’t Enough to Establish Motivation to Combine

McDermott Will & Emery on

The US Court of Appeals for the Federal Circuit determined that a Patent Trial and Appeal Board (PTAB) finding regarding motivation to combine based only on conclusory expert testimony was not supported by substantial...more

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