Avery Dennison’s Invalidity ‘Mouthpiece’ Can’t Lean on ‘Dummies’

Avery Dennison Corp. won’t be allowed to use an expert “as a mere mouthpiece” to convince jurors that the handbook “RFID for Dummies” warrants cancellation of a patent for inventory-tracking technology, two years after an Oregon jury found its RFID tags infringe the patent, a federal judge ruled.

Magistrate Judge Mustafa T. Kasubhai, in a June 2opinion, granted Adasa Inc.’s motion to exclude from a scheduled July validity trial the opinion of an Avery Dennison expert that US Patent No. 9,798,967 was made obvious and was anticipated by “Dummies.”

Kasubhai also said Avery Dennison expert Patrick Sweeney’s ...