In KSR v. Teleflex, the Supreme Court described numerous reasons for combining or modifying prior art references in an obviousness analysis. The Court also made clear that these reasons need not be explicitly set forth in the prior art references themselves. In
Read More
This post may be helpful to those of you who litigate patent cases. While it is true that the most significant sources of claim construction evidence are the claim language, specification, and file history, courts often consider reliable sources of extrinsic evidence
Read More
This week, we follow-up on last week’s post on requests for production with a discussion of interrogatories. Before serving interrogatories, it is advisable to obtain all of the information you can about the topics below through publicly available information such as SEC
Read More
Many patent litigation treatises or other secondary materials describe the types of discovery devices that can be used in patent cases, but few of them discuss what to seek—and why. Attorneys who are new to patent litigation often rely on exemplars of
Read More
[pullQuote position=”left”]“Create a narrative from the intrinsic evidence by using the claim terms in a manner that is consistent with your constructions and inconsistent with your opponent’s constructions”[/pullQuote]Storytelling is the key persuasive device used to win lawsuits. Early in any case, good
Read More
On April 3 Facebook answered Yahoo’s patent infringement complaint in the pending lawsuit in the Northern District of California. As many people predicted, Facebook also alleged patent infringement claims against Yahoo based on 10 of Facebook’s patents. We discussed Yahoo’s patents and
Read More
Forcing patent holders to commit to their positions as early as possible is critical for successfully defending a patent case. There is often tension between the patent holder’s infringement case and its validity case, and it is important to force and pin
Read More
As a follow-up to our original post on the Prometheus case, we did a search to see if there were other patents related to the ones struck down by the U.S. Supreme Court, i.e., U.S. Patent No. 6,355,623 and 6,680,302. These patents
Read More
If your business is based on patented diagnostic test methods, you may want to pay attention today’s U.S. Supreme Court opinion in Mayo Collaborative Services v. Prometheus Laboratories, Inc. In this case, the Court unanimously reversed the Federal Circuit Court of Appeals
Read More
The patent infringement lawsuit filed by Yahoo on Monday has caused quite a stir. Not only has the timing of the suit raised eyebrows because of Facebook’s impending IPO, but so has the subject matter of the patents-in-suit. A closer look at
Read More