Post-Teva Expert Disclosure Trends In 2 Patent-Rich Districts

Law360 (December 10, 2018, 11:28 AM EST) -- Since the U.S. Supreme Court’s 2015 Teva Pharmaceuticals USA Inc. v. Sandoz Inc. decision changed the standard of review for extrinsic evidence in patent infringement cases, expert declarations and testimony during claim construction have become more heavily used and litigated.[1] Indeed, the Federal Circuit began applying the new standard in In re Papst Licensing Digital Camera Patent Litigation, which it issued two weeks after Teva.[2] One of the hotly contested issues that has emerged in the three-plus years since then is: What do you have to disclose during claim-construction discovery in order to rely on such expert evidence? The local patent...

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