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ARTICLE · 07 JULY 2014

Expert Testimony Must Be Supported By Evidence

McDermott Will & Emery
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The patents at issue generally relate to coated optical fibers that are commonly used in fiber-optic communications and data transmission.

United StatesIntellectual Property
Ryan Vachon
Ryan Vachon
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Corning Inc. v. DSMIP Assets B.V.

The Patent Trial and Appeal Board (PTAB) issued final written decisions in 10 inter partes review (IPR) challenges.  Although early IPR decisions generally have sustained petitioners' challenges, here the PTAB largely sided with the patent owner, upholding 157 out of 209 challenged claims spanning across eight related patents.  Corning Inc. v. DSM IP Assets B.V., Case Nos. IPR2013-0043 and IPR2013-0044 (PTAB, May 1, 2014) (McKelvey, APJ); IPR2013-0045 (PTAB, May 9, 2014) (Obermann, APJ); IPR2013-0046 (PTAB, May 1, 2014) (Bisk, APJ); IPR2013-0047 (PTAB, May 1, 2014) (McKelvey, APJ); IPR2013-0048 (PTAB, May 9, 2014) (Kamholz, APJ); IPR2013-0049 (PTAB, May 9, 2014) (Kamholz, APJ); IPR2013-0050 (PTAB, May 1, 2014) (Kamholz, APJ); IPR2013-0052 (PTAB, May 1, 2014) (Yang, APJ); IPR2013-0053 (PTAB, May 1, 2014) (Yang, APJ).

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