The U.S. Court of Appeals for the Federal Circuit (CAFC) on Wednesday vacated a district court’s grant of summary judgment of non-infringement for Apple, holding that the district court abused its discretion in striking an expert infringement opinion. The CAFC opinion was authored by Chief Judge Moore. The underlying lawsuit was brought by Taction Technology, Inc. against Apple in the U.S. District Court for the Southern District of California, alleging certain Apple products that use haptics technology infringed claims 1–20 of its U.S. Patent No. 10,659,885 and claims 1–17 of its U.S. Patent No. 10,820,117. Apple moved for summary judgment of noninfringement and the district court granted the motion because it said Taction’s expert opinion “contained a new theory in violation of local patent rules and improperly argued claim construction.”

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