Fed. Circ. Leaves Room For Nonexpert Obviousness Opinions
Law360 (March 5, 2020, 2:24 PM EST) -- A perennial problem in patent trial practice is the extent to which a party’s lay witnesses may approach issues of obviousness in their testimony. Is obviousness the exclusive bailiwick of the retained independent expert?
Should an attorney consider abbreviated expert disclosures for a client’s employees or third-party witnesses who may be able to provide some testimonial insights into the obviousness question?
Much ado has been made recently about HVLPO2 LLC v. Oxygen Frog LLC, in which the U.S. Court of Appeals for the Federal Circuit held certain lay opinion testimony on obviousness inadmissible. An examination of the decision suggests that there...
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