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Federal Circuit: District Court Properly Struck Expert Testimony that Failed to Apply Agreed-Upon Claim Construction

IP Watchdog

Court of Appeals for the Federal Circuit (CAFC) today issued a precedential opinion affirming a district court order that struck parts of an infringement expert report and also granted summary judgment of non-infringement to Valve Corporation. Treehouse Avatar, LLC owns U.S.

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CAFC Vacates Summary Judgment Ruling in Third ParkerVision Appeal for Improper Collateral Estoppel Analysis

IP Watchdog

The Federal Circuit found that the Middle District of Florida erred in its application of collateral estoppel and abused its discretion in excluding expert testimony on validity offered by ParkerVision as unreliable, leading the appellate court to vacate the district court’s summary judgment ruling and remand for further proceedings.

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Oral Arguments in Intel/VLSI Appeal Focus on Doctrine of Equivalents, Damages Calculation Issues

IP Watchdog

The Federal Circuit judicial panel hearing the appeal drilled down on the sufficiency of VLSI’s expert testimony for establishing infringement under the doctrine of equivalents, as well as damages calculations that arguably relied upon data from non-infringing features of the accused technology.

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CAFC Vacates Section 112 Indefiniteness Ruling, Sending St. Jude Medical Back to Court

IP Watchdog

in which the court affirmed most of a ruling from the District of Minnesota, including sanctions against Niazi for improper use of expert testimony, as well as a finding of no induced infringement by St. Court of Appeals for the Federal Circuit (CAFC) issued a precedential decision in Niazi Licensing Corp. Jude Medical S.C.,

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CAFC Judges Split on Indefiniteness Analysis for Identity Theft Patent

IP Watchdog

The district court relied on First Financial’s expert testimony to conclude that “transaction partner” was indefinite, after finding that the expert used was a person of ordinary skill in the art (POSA). District Court for the Northern District of Illinois, alleging infringement of certain claims.

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Relative Proportionality Argument Rejected

E-Discovery LLC

That is a very rigorous process, often necessitating expert testimony. In the District of Maryland: “Unlike some other courts … this Court does not impose on the requesting party the burden of establishing the substantial similarity of the requested incidents and lawsuits subject at the discovery stage of the litigation.

Discovery 130
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Federal Circuit Affirms Denial of JMOL, Partial Costs in Favor of Amazon

IP Watchdog

The CAFC said that substantial evidence supported the district court’s finding of anticipation, which Amazon proved via expert testimony relating to a prior art home automation software called HAL. infringed them, or, alternatively, a new trial.