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. 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. 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...
Stay ahead of the curve
In the legal profession, information is the key to success. You have to know what’s happening with clients, competitors, practice areas, and industries. Law360 provides the intelligence you need to remain an expert and beat the competition.
Access to case data within articles (numbers, filings, courts, nature of suit, and more.)
Access to attached documents such as briefs, petitions, complaints, decisions, motions, etc.
Create custom alerts for specific article and case topics and so much more!