Trial And Error: A Blog Series Dedicated To Patent-Related Trial Issues

Evidence Relating to Third Party Chips Better Be Good When It's TV Time at the Federal Circuit:

The admissibility of third-party source code as a business record under FRE 803(6)

In patent infringement cases involving consumer electronics and the like, the accused instrumentality oftentimes includes components the accused infringer obtained from third-party suppliers. To prove infringement, the patent owner may need discovery from the third party, such as source code, and that discovery would in turn be relied upon by the patent owner's testifying expert. In a recent precedential opinion, the Federal Circuit exposed a range of evidentiary challenges the patent owner faces when trying to rely on third party discovery to prove its infringement case, thereby providing litigants and the bar with valuable lessons. In this opinion, Wi-LAN Inc. v Sharp Electronics Corporation and Vizio, Inc., the Federal Circuit affirmed a decision by Chief Judge Stark of the District