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[1], in which the U.S. Court of Appeals for the Federal Circuit held certain lay opinion testimony on obviousness inadmissible.[2] An examination of the decision suggests that there...

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