Broad Opposes CVC s Motion to Exclude Evidence and CVC Files Reply | McDonnell Boehnen Hulbert & Berghoff LLP jdsupra.com - get the latest breaking news, showbiz & celebrity photos, sport news & rumours, viral videos and top stories from jdsupra.com Daily Mail and Mail on Sunday newspapers.
Junior Party University of California/Berkeley, the University of Vienna, and Emmanuelle Charpentier (hereinafter, "CVC") and Senior Party The Broad Institute, Massachusetts Institute.
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A weekly summary of the precedential patent-related opinions issued by the Court of Appeals for the Federal Circuit and the opinions designated precedential or informative by the Patent Trial and Appeal Board.
Wi-LAN Inc. v. Sharp Electronics Corp., et al.
, Nos. 2020-1041, -1043 (Fed. Cir. (D. Del.) Apr. 6, 2021). Opinion by Dyk, joined by Taranto and Stoll.
Wi-LAN sued Sharp and Vizio for infringement of two patents relating to video deinterlacing and multimedia encoders, respectively. Regarding the first patent, the district court awarded the defendants summary judgment of noninfringement because Wi-LAN lacked sufficient admissible evidence to prove infringement. The district court found that, to demonstrate infringement, Wi-LAN would need to rely on source code for the accused systems. Wi-LAN thus supplied source code printouts obtained via litigation against third-party chip manufacturers, together with declaration
The Federal Circuit’s recent decision in
Wi-LAN Inc. v. Sharp Electronics Corp. demonstrates potential difficulties for plaintiffs in proving infringement where third-party information is necessary to establish that defendants practice the asserted claims. The court affirmed the district court’s grant of summary judgment of noninfringement, holding that purported printouts of source code and supporting declarations obtained from third-party chip manufacturers were inadmissible hearsay.
Although the court does not explicitly identify what type of information regarding the source code would have been admissible, it identified several problems with the specific printouts presented by Wi-LAN that prevented them from falling within exceptions to the hearsay rule.
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