Robert L. Maier Fed Circuit Affirms Exclusion of Source Code Containing Hearsay
In his Patent and Trademark Law column, Rob Maier discusses Wi-LAN v. Sharp Electronics—a "cautionary tale for patent plaintiffs to do everything within your power, and then some, to ensure your evidence of infringement will not be excluded as hearsay."
May 25, 2021 at 12:10 PM
9 minute read
A recent decision from the U.S. Court of Appeals for the Federal Circuit serves as an important reminder that those rules of evidence you studied during law school can prove critically important, including in connection with infringement issues in software patent litigation. In Wi-LAN v. Sharp Electronics, No. 1:15-cv-00379-LPS (Fed. Cir. April 6, 2021), the Federal Circuit affirmed a Delaware district court's ruling that the patentee's infringement evidence, which purported to contain the source code necessary to prove the defendant's infringement, was inadmissible because it contained hearsay and did not fall within the business record exception.
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