In Law360 Article, Akin IP Lawyers Examine Expert Admissibility Post Kyocera
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Law360 has published the article, “Grappling With A Bright-Line Patent Expert Admissibility Test” by Akin intellectual property partner Daniel Moffett, counsel Jonathan Hernandez and associate Megan Mahoney.
In this article, the authors analyze how the courts have approached expert admissibility before and after the Federal Circuit’s Kyocera decision, which requires that experts meet the definition of a person of ordinary skill in the art (POSA) before opining on any issue analyzed through the lens of a POSA. In their analysis, the authors note the new litigation battleground regarding the definition of the level of skill in the art to exclude their opponent’s expert. The authors suggest that while the courts continue to work out the best way to apply Kyocera, parties must remain vigilant regarding their proposed definition of the level of skill in the art as well as the definition proposed by their opponent.
To read the full article, please click here.
