In a recent inter partes review (IPR) of an alternating current light emitting diode patent, a pivotal reference was filed with the USPTO before the patent's critical date, yet it was published afterward. Despite this, the PTAB ruled the challenged claims unpatentable based in part on that reference. This case has garnered amicus briefs from PIPLI, HTIA, CCIA, Intel and VLSI … [Read more...] about Can Patent Applications Filed Before but Published After a Patent’s Critical Date Be Used in IPR Proceedings?
Patent Cases
New ruling on expert qualification in patent cases
In a recent decision, the Federal Circuit provided guidance on the qualification of expert witnesses in #patent cases. The case in question centered on a challenge to the plaintiff's technical expert. Defense counsel argued that the expert lacked specific experience in diagnostic imaging at the time of the alleged invention. They attempted to differentiate this from the … [Read more...] about New ruling on expert qualification in patent cases
Expert witnessing in Algorithm and Software Patent cases
This article summarizes aspects of algorithm and software patents and suggests factors for lawyers to consider when retaining an expert in this field. Algorithms and their use in Software An algorithm is a set of mathematical instructions or rules that define a sequence of operations. Algorithms can be simple, like those that add numbers in a list, or complex, such as those … [Read more...] about Expert witnessing in Algorithm and Software Patent cases