The right expert can be the critical piece that saves the validity of your patent. Finding the right expert for a patent owner requires careful selection and due diligence. We previously detailed how your expert's testimony can make or break your Patent Owner's Response ("POR"). The following details what actions and considerations Patent Owners should take to locate and identify the best experts for testifying to the Board, which can be different considerations than those for [...]

In Bio-Rad Laboratories, Inc. v. ITC, No. 2020-1785, (Apr. 29, 2021), the Federal Circuit affirmed the ITC's decision that Bio-Rad infringed three patents owned by 10X Genomics by importing and selling microfluidic systems. Bio-Rad presented an ownership defense to infringement—that it co-owned and therefore could not infringe—the asserted patents. Inventors on 10X Genomics' asserted patents worked at Bio-Rad before inventing the claimed subject matter. While employed by Bio-Rad, these inventors assigned to Bio-Rad their "entire [...]

Game and Technology (GAT) filed a patent infringement complaint against Wargaming, a foreign entity, on July 9, 2015. There was a dispute over whether service was ever effectuated. Ultimately, in February 2016, Wargaming's counsel waived service in exchange for an extension of time to answer. Then, over a year later, on March 13, 2017, Wargaming filed an IPR petition. In the preliminary response, GAT first argued that Wargaming's petition was time barred as filed [...]