“IP Ruling Likely to Limit Arguments Against Qualified Experts”

Associate Whitney Jenkins authored an article for Law360 discussing the U.S. Court of Appeals for the Federal Circuit’s recent decision in Osseo Imaging LLC v. Planmeca USA Inc. and the subsequent implications.

The decision addresses the qualifications necessary to provide expert testimony from the perspective of a person having ordinary skill in the art, or PHOSITA, Whitney writes. In the case, Planmeca argued that Osseo’s expert did not have the required experience at the patent at issue’s date of invention, and therefore his testimony should not influence the jury’s verdict.

The Federal Circuit disagreed, affirming the U.S. District Court for the District of Delaware’s ruling that an expert does not have to be a PHOSITA at the time of invention to offer expert testimony from the vantage point of a skilled artisan. Whitney states that going forward the decision should prevent parties from arguing that an expert is unqualified as a PHOSITA if the basis of that argument is timing.

Subscribers to Law360 can read the full article here.