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Patent Law

: Philip Brooks’ Patent Infringement Updates

Testimony of Comma Expert Considered in Connection with Claim Construction

By Philip Brooks

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From Docket Navigator's Docket Report:

The court denied Defendant's motion to strike the declaration of plaintiff's expert, an English Professor, on "the proper function of a comma."  "[The expert] is qualified to testify as to the function of a comma in English grammar . . . To the extent Defendant argues that [the expert's] opinion contradicts the intrinsic evidence or that [she] does not have expertise in the specific technical area of the [patent-in-suit], the Court finds that these issues merely impact the weight that should be given to [her] opinion."

American Patent Development Corporation LLC v. Movielink LLC, 1-07-cv-00605 (DED March 27, 2009, Memorandum Opinion).

Full post as published by Philip Brooks’ Patent Infringement Updates on April 03, 2009 (boomark / email).

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