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Expert Testimony That Does Not Disclose Underlying Facts Or Data Entitled To Little Weight

Expert Testimony That Does Not Disclose Underlying Facts Or Data Entitled To Little Weight

by Matthew Johnson | Dec 11, 2024 | Expert Witnesses, PTAB News, PTAB Trial Basics

By James Twieg and Matt Johnson – “Expert testimony that does not disclose the underlying facts or data on which the opinion is based is entitled to little or no weight.” 37 C.F.R. § 42.65(a). With that principle in mind, the PTAB recently denied institution of...
The “Best Way” to Avoid Adverse Judgment

The “Best Way” to Avoid Adverse Judgment

by Matthew Johnson | Dec 6, 2024 | PTAB News, PTAB Trial Basics

By:  Daniel Sloan, Kevin McCarthy, and Matt Johnson – The PTAB recently denied Bestway (USA), Inc.’s (“Petitioner”) request for PGR of U.S. Pat. No. 11,959,512 B2 (“the ’512 patent”) but declined to enter adverse judgment against Intex Marketing, Ltd. (“Patent...
District Court Not Persuaded System Prior Art Evades IPR Estoppel

District Court Not Persuaded System Prior Art Evades IPR Estoppel

by Matthew Johnson | Nov 26, 2024 | Estoppel, Evidentiary Issues, Prior Art Issues

By Dalton Earich,* Matt Modderman, and Matt Johnson – On October 25, 2024, the United States District Court for the Eastern District of Pennsylvania ordered Comcast Corporation (“Comcast”) to identify the date on which it learned of each patent, patent...
Petitioner Mistakenly Ignores Not-So-Optional Claim Limitation

Petitioner Mistakenly Ignores Not-So-Optional Claim Limitation

by Matthew Johnson | Nov 21, 2024 | Claim Construction, Evidentiary Issues, Expert Witnesses

By Jack Graves and Matt Johnson – The PTAB recently excluded a portion of Duration Media LLC’s (Petitioner) reply declaration for containing improper new evidence in an inter partes review petition filed against Rich Media Club LLC (Patent Owner) challenging all...
Don’t Wait To Seek Discovery Or It May Be Too Late

Don’t Wait To Seek Discovery Or It May Be Too Late

by Matthew Johnson | Nov 18, 2024 | Discovery, Evidentiary Issues, Prior Art Issues, PTAB Trial Basics

By Sue Gerber and Matt Johnson – “The statutory provisions for inter partes reviews, post-grant reviews, and covered-business method patent reviews caution against overly broad discovery and provide the same considerations, including efficient administration of...
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    The opinions expressed are those of the authors and do not necessarily reflect the views of Jones Day or its clients. The posts and information provided are for general information purposes and are not intended to be and should not be taken as legal advice.