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Split CAFC: ‘Word Salad’ Expert Testimony Failed Under Doctrine of Equivalents Infringement Standard

IP Watchdog

Court of Appeals for the Federal Circuit (CAFC) today issued a precedential decision affirming a district court’s finding that NextStep, Inc. failed to prove that Comcast Cable Communications infringed its patents.

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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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Relative Proportionality Argument Rejected

E-Discovery LLC

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. That is a very rigorous process, often necessitating expert testimony.

Discovery 130
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English FRAND Developments to Watch Out for in 2022

IP Watchdog

For a long time, the courts in England have been a forum of choice for the resolution of disputes between international parties, with the promise of an experienced judiciary and a cost-efficient approach to discovery and expert testimony.

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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.,