Expert Testimony Excluded under Kyocera Where Party Failed to Establish its Expert Possessed the Necessary 'Advanced Training and Experience'

November 1, 2024International Trade Commission

The Federal Circuit’s decision in Kyocera Senco Industrial Tools Inc. v. International Trade Commission articulated a bright-line test for patent expert admissibility: to testify from the perspective of a “person of ordinary skill in the art” (POSITA), the expert must at least meet the definition of a POSITA for the patents-in-suit. Absent that level of skill, Kyocera holds that the witness’s testimony is not sufficiently reliable or relevant enough to be relied on by a fact-finder.

Read More

Get the latest updates on intellectual property law delivered to your inbox.

IP Newsflash

Keeping you updated on recent developments in Intellectual Property law.