by John Evans, Ph.D. | Feb 15, 2018 | Evidentiary Issues, Expert Witnesses
By: John Evans, Ph.D. and Dave Cochran An expert asserting that a patent claim reciting different features than the prior art is nonetheless “equivalent” to the prior art must address and account for the recited limitations head-on, or otherwise lose persuasive...
by Albert Liou | Feb 13, 2018 | Evidentiary Issues
By: Albert Liou In KSR Int’l Co. v. Teleflex Inc., 550 U.S. 398, 421 (2007), the Supreme Court stated that “common sense” can be considered in reaching a conclusion that a claimed invention is obvious. Since then, both litigants and patent examiners have often...
by John Evans, Ph.D. | Feb 6, 2018 | Evidentiary Issues, Prior Art Issues, PTAB News, PTAB Trial Basics
By: Jaime Choi, Tracy Stitt, and John Evans On February 1, the PTAB held its first “Boardside Chat” of 2018, which featured three judges discussing appeals and AIA trial proceedings for design patents. Not only are such proceedings less common for design patents...
by John Evans, Ph.D. | Jan 29, 2018 | Evidentiary Issues
By: Joshua Nightingale and John Evans In district courts’ claim construction analyses, intrinsic evidence is of paramount importance. Although extrinsic evidence “may be useful to the court,” it is considered “less significant” than the claim language, specification,...
by Geoffrey Gavin | Jan 26, 2018 | Evidentiary Issues, Motions Practice, PTAB Trial Basics
By Geoffrey Gavin In a recent decision, the PTAB denied a petitioner’s request for authorization to file a motion to submit supplemental information directed to the level of ordinary skill in the art. Ooma, Inc. v. Deep Green Wireless LLC, IPR2017-01541, Paper 14...
by Geoffrey Gavin | Aug 15, 2017 | Evidentiary Issues
By Geoffrey Gavin In Semiconductor Components Industries, LLC v. Power Integrations, IPR2016-00809, Paper 65 (PTAB Aug. 4, 2017), the PTAB denied the patent owner’s request for authorization to serve requests for production seeking documents and things related to...
