Untimely expert testimony is only allowable when there is a showing that the failure to disclose was either substantially justified or harmless.
Extrinsic evidence may only be used to assist with a proper understanding of a disputed claim limitation and should not be used for claim construction when it conflicts with the specification, claims, and prosecution history for the disputed claim limitation.
For non-obviousness type double patenting, the fact that one patent has a broad claim that encompasses a narrower claim in a second patent does not automatically constitute double patenting.
The PTAB has jurisdiction over an IPR that is brought against an already expired patent.
The “substantially the same way” comparison to find equivalence to a means plus function limitation should focus on the overall structure corresponding to the claimed function and not on the unclaimed, individual components of that structure.
A published patent application is prior art in an IPR proceeding as of the application’s filing date. Therefore, a reference may be prior art for the purposes of an IPR even if it was published after the priority date of the patent being reviewed.
The determination of whether federal patent law preempts a state law cause of action is based on the state law claim as pled, not on a comparison of the required elements of the state law claim to the objectives embodied by federal patent law.
Written description and enablement analysis should focus on what is claimed in the patent. For enablement, later-existing state of the art cannot be used to invalidate a patent that was enabled for what was claimed at the time of filing.