Tag Archives: expert witness

Answering “I Don’t Know” To a Pivotal Question on Cross

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In Silicon Laboratories v. Cresta (IPR2014-00809), both parties relied heavily upon expert testimony to construe key claim terms.  Petitioner Silicon Laboratories proffered an expert Declaration with their Petition and second expert Declaration (same expert) with their Reply.  The Patent Owner, Cresta Technology, filed an expert Declaration with their Response.  Both experts were deposed and the deposition transcripts were submitted as evidence.… More

How Patent Owners Should Use Expert Witnesses

Don’t go to the trouble of putting on expert testimony without giving the PTAB basis to rely on it.

Patent Owners use expert witnesses in PTAB proceedings for one basic purpose: to undermine the Petitioner’s case for unpatentability.  Expert witnesses can do this in two ways: by refuting the Petitioner’s evidence, and by introducing new evidence that dilutes the Petitioner’s evidence for unpatentability to less than a preponderance. … More

The Petitioner’s case doesn’t just start with the Petition—it ends with it.

Lawyers generally do not like to lay out their entire case at the outset of litigation.  They like to hold back some arguments to see how their adversary responds.  Yet a PTAB trial proceeding is one place where doing anything less than a full reveal could prove fatal.

The Petition is the one and only shot the Petitioner has at making the case for unpatentability. … More