Must an Expert Witness's Opinion be "Supported by Cited Literature"?
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Headquartered within steps of the USPTO with an affiliate office in Tokyo, Oblon is one of the largest law firms in the United States focused exclusively on intellectual property law.
1968
Norman Oblon with Stanley Fisher and Marvin Spivak launched what was to become Oblon, McClelland, Maier & Neustadt, LLP, one of the nation's leading full-service intellectual property law firms.
Outside the US, we service companies based in Japan, France, Germany, Italy, Saudi Arabia, and farther corners of the world. Our culturally aware attorneys speak many languages, including Japanese, French, German, Mandarin, Korean, Russian, Arabic, Farsi, Chinese.
Oblon's professionals provide industry-leading IP legal services to many of the world's most admired innovators and brands.
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The United States Patent and Trademark Office (USPTO) issued final rules implementing the inventor's oath or declaration provisions of the America Invents Act (AIA) on August 14, 2012.
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Velander v. Garner, 348 F.3d 1359, 68 USPQ2d 1769 (Fed. Cir. 2003) (opinion by Circuit Judge Schall joined by Circuit Judge Prost; dissenting opinion by Circuit Judge Gajarsa2), apparently approves a panel of the BPAI’s3 having given no weight to the opinions of the expert witnesses of either of the parties because those opinions were not “supported by cited literature.” However, the panel of the BPAI then went on to grant the motion of the party whose expert witness it had denigrated (based on the expert opinions of the APJs), and the panel of the CAFC approved that, too.
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