Knobbe/Martens: Intellectual Property Law

Eric R. Malmgren

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Federal Circuit Explores the Sham Affidavit Doctrine

May 22, 2019 Eric R. Malmgren and Mark Kachner

QUEST INTEGRITY USA, LLC v. COKEBUSTERS USA INC.

Before Dyk, Taranto, and Hughes.  Appeal from the U.S. District Court for the District of Delaware.

Summary: An affidavit should not be dismissed as a sham where: (1) the affidavit contradicts another witness’s prior deposition testimony; or (2) where the affidavit does not simply contradict the witness’s own prior deposition testimony but instead provides a detailed explanation why the prior testimony was incorrect.

 

PRINCETON DIGITAL IMAGE CORP. V. OFFICE DEPOT INC. ET AL.

January 22, 2019 Jeremy Anapol and Eric R. Malmgren

Before Dyk, Taranto, and Stoll.  Appeal from U.S. District Court for the District of Delaware.

Summary: The Federal Circuit lacks jurisdiction to hear an appeal from a district court judgment that is non-final because it does not foreclose a litigant’s ability to establish an element of its claim.

 

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