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Articles by David Haars
AI, privilege, and discovery in view of 'Heppner' and 'Morgan'
AI (Artificial Intelligence) letters are placed on computer motherboard in this illustration taken, June 23, 2023. REUTERS/Dado Ruvic/Illustration/File Photo/File Photo Purchase Licensing Rights, opens new tab May 27, 2026 - As parties and attorneys increasingly use generative artificial intelligence for litigation preparation, federal courts are beginning to wrestle with the significant practical impacts to litigation discovery. Two recent decisions, United States v. Heppner, No. 25 CR.
Patent Owner Estoppel Questions In The Wake Of SoftView
By David Haars and Richard Crudo (September 17, 2024, 6:37 PM EDT) -- The U.S. Patent and Trademark Office's seldom-litigated Rule 42.73(d)(3) — which precludes a patent applicant or owner "from taking action inconsistent with" an adverse judgment entered in an inter partes review proceeding — was brought to the forefront in the U.S. Court of Appeals for the Federal Circuit's recent SoftView LLC v. Apple Inc. decision.[1]... Law360 is on it, so you are, too.
Patent Owner Estoppel Questions In The Wake Of SoftView
By David Haars and Richard Crudo (September 17, 2024, 6:37 PM EDT) -- The U.S. Patent and Trademark Office's seldom-litigated Rule 42.73(d)(3) — which precludes a patent applicant or owner "from taking action inconsistent with" an adverse judgment entered in an inter partes review proceeding — was brought to the forefront in the U.S. Court of Appeals for the Federal Circuit's recent SoftView LLC v. Apple Inc. decision.[1]...
PTAB Strategies and Insights Newsletter - May 2023: Kyocera and the Brewing Debate Over Expert Qualifications at the PTAB | JD Supra
Technical experts play a key role in patent litigation, including in PTAB litigation. Indeed, experts are often the only witnesses to provide testimony in PTAB proceedings, and final written decisions often hinge on which party’s expert the PTAB panel finds more credible.
PTAB Strategies and Insights: January 2022 - Federal Circuit Holds that Your Technical Expert Must be a POSA | JD Supra
In Kyocera Senco Industrial Tools Inc. v. International Trade Commission, the Federal Circuit held in a precedential opinion that expert witnesses must at least have ordinary skill in the art. Because Kyocera’s expert did not have the particular experience required for ordinary skill in the art, the Court held that the administrative law judge (ALJ) abused his discretion by admitting the expert’s testimony on issues analyzed through the lens of a skilled artisan.
PTAB Strategies and Insights: January 2022 | JD Supra
The PTAB Strategies and Insights newsletter provides timely updates and insights into how best to handle proceedings at the USPTO. It is designed to increase return on investment for all stakeholders looking at the entire patent life cycle in a global portfolio. In This Issue - Does the Limit Exist?: Negative Limitation in Novartis v. Accord - Federal Circuit Holds that Your Technical Expert Must be a POSA Please see full Newsletter below for more information.
PTAB Strategies and Insights - September 2020: Thryv Does Not Bar Appellate Review of Same Party and New Issue Joinder Under Section 315(C), and Both Joinders are Impermissible | Sterne, Kessler, Goldstein & Fox P.L.L.C. - JDSupra
In view of the Supreme Court’s Thryv[i] decision, the Federal Circuit recently reissued its original March 2020 decision in Facebook v. Windy City[ii] (Windy City I) after granting Facebook’s petition for rehearing and denying Facebook’s petition for en banc review.
PTAB Strategies and Insights - September 2020 | JD Supra
The PTAB Strategies and Insights newsletter provides timely updates and insights into how best to handle proceedings at the USPTO. It is designed to increase return on investment for all stakeholders looking at the entire patent life cycle in a global portfolio. This month we cover: - How the Federal Circuit treats APA challenges differently; - The Federal Circuit's recent reissue of its original March 2020 decision in Facebook v.
2019 PTAB Year in Review: Analysis & Trends: Consistency at the PTAB | JD Supra
Updated: May 25, 2018: JD Supra is a legal publishing service that connects experts and their content with broader audiences of professionals, journalists and associations.
Global Patent Prosecution Newsletter - October 2018: Subject Matter Eligibility of Artificial Intelligence Patent Applications in the United States, Europe, and China | Sterne, Kessler, Goldstein & Fox P.L.L.C. - JDSupra
JD Supra is a legal publishing service that connects experts and their content with broader audiences of professionals, journalists and associations. This Privacy Policy describes how JD Supra, LLC ("JD Supra" or "we," "us," or "our") collects, uses and shares personal data collected from visitors to our website (located at www.jdsupra.com) (our "Website") who view only publicly-available content as well as subscribers to our services (such as our email digests or author tools)(our "Services").
Global Patent Prosecution Newsletter - October 2018 | JD Supra
JD Supra is a legal publishing service that connects experts and their content with broader audiences of professionals, journalists and associations. This Privacy Policy describes how JD Supra, LLC ("JD Supra" or "we," "us," or "our") collects, uses and shares personal data collected from visitors to our website (located at www.jdsupra.com) (our "Website") who view only publicly-available content as well as subscribers to our services (such as our email digests or author tools)(our "Services").
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