37 C.F.R. § 41.158
Expert testimony; tests and data
(a) Expert testimony that does not disclose the underlying facts or data on which the opinion is based is entitled to little or no weight. Testimony on United States patent law will not be admitted.
(b) If a party relies on a technical test or data from such a test, the party must provide an affidavit explaining:
(1) Why the test or data is being used,
(2) How the test was performed and the data was generated,
(3) How the data is used to determine a value,
(4) How the test is regarded in the relevant art, and
(5) Any other information necessary for the Board to evaluate the test and data.
Notes of Decisions
Cited in 1
case, 2008–2008 · leading case: Invitrogen Corp. v. President & Fellows, Harvard, 578 F. Supp. 2d 248 (D. Mass. 2008).
Invitrogen Corp. v. President & Fellows, Harvard, 578 F. Supp. 2d 248 (D. Mass. 2008). “See 37 C.F.R. § 41.158 (b). Invitrogen attempted to submit an affidavit in its reply brief and during oral argument but the Board refused to consider it because it was not timely presented.”
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