News & Analysis as of

Patents Witnesses Patent Infringement

McDermott Will & Emery

Appeal is too late to raise percolating claim construction dispute

McDermott Will & Emery on

The US Court of Appeals for the Federal Circuit affirmed a district court’s finding of noninfringement, concluding that the patent owner had improperly raised a claim construction issue for the first time on appeal – an...more

Axinn, Veltrop & Harkrider LLP

When Disclosure Isn't Disclosure

A patent challenger identified a witness as a person with relevant knowledge in Rule 26(a) disclosures and interrogatory responses, and the patentee deposed the witness. Surely the witness can testify at trial, right? The...more

Morrison & Foerster LLP

Fifth Circuit Weighs In on Transfer Factors In High-Tech IP Case

The Federal Circuit is charged with disposing of the mandamus petitions that regularly arise from decisions denying transfer under 28 U.S.C. § 1404(a) in Texas patent litigation. The Fifth Circuit, whose law the Federal...more

McDermott Will & Emery

Golden State of Mind: Witness Convenience Isn’t Based Solely on Travel Distance

The US Court of Appeals for the Federal Circuit ordered a district court to transfer a patent infringement case from Texas to California because the district court had wrongly assessed facts relating to the convenience of...more

Knobbe Martens

The Location of Witnesses and Relevant Evidence Still Reigns Supreme in Venue Decisions

Knobbe Martens on

In Re: Juniper Networks, Inc. Before Lourie, Bryson, and Taranto. Per Curiam. On Petition for Writ of Mandamus to the United States District Court for the Western District of Texas. Summary: A party’s relatively...more

Fish & Richardson

EDTX & NDTX Monthly Wrap-Up – February 2021

Fish & Richardson on

This month, the Eastern District of Texas issued four opinions across two cases that considered motions to strike portions of expert reports that were based on allegedly untimely disclosures....more

Akin Gump Strauss Hauer & Feld LLP

Federal Circuit: Transfer Appropriate Even When Most Evidence Located Abroad When Original Forum Has No Direct Connection to the...

The Federal Circuit granted a writ of mandamus to transfer a patent infringement case from the Eastern District of Texas to the Northern District of California because the latter had some local interest in the case, while the...more

Goodwin

ITC 337 Quarterly Insider Q2 2020

Goodwin on

Goodwin’s 337 Quarterly Insider remains the premiere publicly available source for keeping up to date on all meaningful decisions coming out of the Commission. Please find below Goodwin’s insights on the months of April, May,...more

White & Case LLP

Federal Circuit Directs Transfer Out of the Western District of Texas Finding Clear Abuse of Discretion in Judge Albright's Denial

White & Case LLP on

Since Judge Alan D. Albright took the bench in the Western District of Texas in September 2018, the number of patent litigation cases in that district has risen exponentially....more

McDermott Will & Emery

A Lot of Hot Air? Obviousness Testimony Must Come from POSITA

McDermott Will & Emery on

Addressing a jury verdict of invalidity, the US Court of Appeals for the Federal Circuit found that the district court abused its discretion in allowing trial testimony regarding obviousness from a lay witness, and remanded...more

McDonnell Boehnen Hulbert & Berghoff LLP

HVLPO2, LLC v. Oxygen Frog, LLC (Fed. Cir. 2020)

Expert witness testimony is a frequent (almost ubiquitous) feature of patent litigation, if only because questions of the state of the art or the understanding of one having ordinary skill in the art are almost always at...more

Akin Gump Strauss Hauer & Feld LLP

Court Allows Plaintiff to Call Defendant’s In-House Attorney Responsible for Supervising Trial to Testify About Advice of Counsel...

In Sound View Innovations, LLC v. Hulu, LLC, a district court denied Hulu’s motion to quash a subpoena directed to its trial-supervising in-house attorney. The court agreed that Sound View may question Hulu’s attorney live,...more

Morris James LLP

Pretrial Motions Are Decided Before Trial

Morris James LLP on

Helios Software, LLC, et al. v. Spectorsoft Corporation, C.A. No. 12-81-LPS -MPT, May 22, 2015 Stark, C. J. The court makes various pretrial rulings in advance of a June 15, 2015 jury trial. ...more

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