Posts Tagged: "credibility"

CAFC says PTAB Entitled to Weigh the Credibility of Experts, Ignore Attorney Argument

Elbit’s expert argued that the asserted claims were obvious because the two-step and three-step methods are “mathematically equivalent” in that the three-step method simply reorders steps employed in the prior art without producing a new or unexpected result. The Federal Circuit disagreed, finding that Thales’s expert sufficiently explained the differences between the two-step and three-step methods. The panel also agreed with the Board that Elbit’s expert’s testimony was “unsupported” and not entitled to weight because he failed to account for or address the relative angular rate signal limitation in claim 3 anywhere in his opinion.