January 26, 2022
Authored and Edited by Angeline L. Premraj; Caitlin E. O'Connell; Elizabeth D. Ferrill
In Kyocera Senco Indus. Tools Inc. v. ITC, No. 20-1046 (Fed. Cir. Jan. 21, 2022), the Federal Circuit vacated and remanded an International Trade Commission decision finding that Koki Holdings America Ltd. infringed Kyocera’s drilling tool patent.
The Federal Circuit’s decision was based in part on its finding that the Administrative Law Judge (“ALJ”) abused his discretion by admitting any testimony from Kyocera’s expert. The parties agreed that a person of ordinary skill in the art (“POSA”) that required at least two years’ experience designing power nailers. Because Kyocera’s expert had no experience in power-nailer design, the ALJ excluded his testimony on infringement under the doctrine of equivalents, but nevertheless allowed him to testify regarding literal infringement. The Federal Circuit explained that an expert must possess at least ordinary skill in the art to testify from the perspective of a POSA. Kyocera’s expert did not have the requisite skill, and, as a result, his testimony regarding any issue (including literal infringement) analyzed through the lens of a POSA was neither relevant, nor reliable. Therefore, the Court found that the ALJ abused its discretion in admitting the expert’s testimony regarding literal infringement.
International Trade Commission (ITC), infringement, direct infringement, Doctrine of Equivalents
Copyright © 2022 Finnegan, Henderson, Farabow, Garrett & Dunner, LLP.
DISCLAIMER: Although we wish to hear from you, information exchanged in this blog cannot and does not create an attorney-client relationship. Please do not post any information that you consider to be personal or confidential. If you wish for Finnegan, Henderson, Farabow, Garrett & Dunner, LLP to consider representing you, in order to establish an attorney-client relationship you must first enter a written representation agreement with Finnegan. Contact us for additional information. One of our lawyers will be happy to discuss the possibility of representation with you. Additional disclaimer information.
Lecture
Patent Protection for Software-Related Inventions in Europe and the USA Training Course
June 5, 2024
Hybrid
Workshop
Life Sciences Workshop: Updates and Key Trends in Pharmaceutical and Biotechnology IP Law
May 2, 2024
Cambridge
Due to international data regulations, we’ve updated our privacy policy. Click here to read our privacy policy in full.
We use cookies on this website to provide you with the best user experience. By accepting cookies, you agree to our use of cookies. Please note that if you opt not to accept or if you disable cookies, the “Your Finnegan” feature on this website will be disabled as well. For more information on how we use cookies, please see our Privacy Policy.
Finnegan is thrilled to announce the launch of our new blog, Ad Law Buzz, devoted solely to breaking news, developments, trends, and analysis in advertising law.