Tag: experts
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Barry v. DePuy Synthes: Federal Circuit Limits Daubert Exclusion of Patent Experts
On January 20, 2026, the Federal Circuit issued a significant decision clarifying the boundary between judicial gatekeeping under Daubert and the jury’s role as factfinder in patent infringement trials. In Barry v. DePuy Synthes Companies, the court reversed the exclusion of two key experts and vacated a judgment as a matter of law entered after…
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Laboratory Corp. of America Holdings v. Qiagen Sciences, LLC: When “Identical” Means Identical—and the Doctrine of Equivalents Is Not a Jury Mulligan
The Federal Circuit’s decision in Laboratory Corp. of America Holdings v. Qiagen Sciences, LLC, No. 23-2350 (Fed. Cir. Aug. 13, 2025), offers a sharp reminder that not every jury verdict survives appellate scrutiny, particularly where infringement theories stretch claim language or rely on generalized expert testimony. In a sweeping reversal, the court vacated a Delaware…
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EcoFactor v. Google: En Banc Federal Circuit Tightens Daubert Review of Patent Damages Experts
In a closely watched en banc decision issued on May 21, 2025, the Federal Circuit reversed the district court’s denial of a new trial on damages in EcoFactor, Inc. v. Google LLC, No. 2023-1101. The court held that the trial court abused its discretion by admitting expert damages testimony that was not based on sufficient…
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Sierra Wireless v. Sisvel: (Dis)Qualification of Expert Witnesses in the PTAB
In its March 10, 2025 decision in Sierra Wireless, ULC v. Sisvel S.p.A., the Federal Circuit vacated a Patent Trial and Appeal Board (PTAB) decision due, in part, to the improper reliance on an expert witness who was not shown to possess the qualifications of a person of ordinary skill in the art (POSITA). For…
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Court Upholds Limited Damages in Bitmanagement Software GmbH v. United States: Key Takeaways on Copyright Infringement and Licensing
On January 7, 2025, the United States Court of Appeals for the Federal Circuit issued its decision in Bitmanagement Software GmbH v. United States, affirming a damages award of $154,400 for copyright infringement by the U.S. Navy. The case centered around the Navy’s unauthorized copying and use of Bitmanagement’s 3D rendering software, BS Contact Geo,…
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Keeping Patent Damages Expert Opinions In Check
The Federal Circuit has taken the unusual step of granting en banc review in EcoFactor Inc. v. Google LLC to address fundamental questions about patent damages. The order vacates the previous decision and calls for new briefing on whether the district court properly applied Federal Rule of Evidence 702 and Daubert v. Merrell Dow Pharmaceuticals,…
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ParkerVision v. Qualcomm: Collateral Estoppel and Expert Exclusion in Patent Litigation
After more than a decade of litigation between ParkerVision and Qualcomm, the Federal Circuit has vacated summary judgment of non-infringement and reversed key Daubert rulings that had hobbled ParkerVision’s case. The court’s decision in ParkerVision, Inc. v. Qualcomm Inc., Nos. 2022-1755, 2024-2221 (Fed. Cir. Sept. 6, 2024), sheds new light on the proper application of…
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Osseo Imaging v. Planmeca: Rejection of Temporal Limitation on Expert Qualifications
In its September 2024 decision in Osseo Imaging, LLC v. Planmeca USA Inc., the Federal Circuit reaffirmed the standard for expert qualifications in patent cases, declining to impose a temporal requirement that an expert possess ordinary skill in the art as of the time of invention. The ruling has notable implications for litigation strategy, particularly…