Monday, March 17, 2025 9:40:45 AM
Good article, sleven. The article brought back memories of one trial I participated in that involved the issue of inventorship-- who invented the subject matter claimed in plaintiff's patent? The inventor named in plaintiff's patent was dead at date of actual trial, so much earlier deposition testimony of that inventor was read into the record by other persons in a Q and A method. No live testimony from the plaintiff's named inventor. The jury slept during that reading of deposition testimony. 
The defendant infringer had the benefit of live testimony of a person that the PTO Board of Patent Interferences had determined (erroneously, I thought) was the actual first and only inventor of the patent's claimed subject matter. Suffice to say that the defendant's inventor candidate did not survive cross-examination very well, but in the jury's eyes prevailed as first, and only, inventor. In a post trial interview, the jury foreman said   "We thought the PTO got it right."
The defendant infringer had the benefit of live testimony of a person that the PTO Board of Patent Interferences had determined (erroneously, I thought) was the actual first and only inventor of the patent's claimed subject matter. Suffice to say that the defendant's inventor candidate did not survive cross-examination very well, but in the jury's eyes prevailed as first, and only, inventor. In a post trial interview, the jury foreman said   "We thought the PTO got it right."
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