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Unsupported Assertions: Expert’s Persuasive Authority Suffers Without Directly Engaging Claim Limitations

Unsupported Assertions: Expert’s Persuasive Authority Suffers Without Directly Engaging Claim Limitations

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...
Handling Improper Coaching of Witnesses During PTAB Deposition Proceedings

Handling Improper Coaching of Witnesses During PTAB Deposition Proceedings

by Joseph Beauchamp | Aug 21, 2017 | Expert Witnesses

By Joe Beauchamp Many attorneys have encountered an opposing party’s witness that provides very concise, supportive responses to the questions of the witness’s own attorney after a recess in a deposition. Often, these helpful responses occur during re-direct of the...
Failure to Make IPR Declarant Available for Deposition May Result in Exclusion

Failure to Make IPR Declarant Available for Deposition May Result in Exclusion

by David Maiorana | Jan 24, 2017 | Expert Witnesses

By Dave Maiorana Although this seems pretty obvious, failure to make an IPR declarant available for deposition likely will cause the Board to exclude the declarant’s testimony from the trial, absent agreement of the parties or special circumstances.  In 1964 Ears,...
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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.