The media dubbed it, “The Patent Trial of the Century.” In 2011, Apple sued Samsung, claiming its smartphones and tablets infringed patents for the iPhone and iPad. Samsung counter sued, alleging that Apple’s products violated…more
The U.S. Court of Appeals for the 2nd Circuit has issued what may be the final chapter in a lingering copyright dispute involving heirs of famed comic book artist Jack Kirby and works he allegedly produced half a century ago,…more
A federal appeals court has come down hard on a soft contact lens expert who saw fit to change his testimony in the middle of his cross-examination, countering what he had said in his own expert report…more
When we think of Daubert, we think of stuffy courtrooms filled with formally attired judges, lawyers and witnesses. However, in a recent case out of the 6th U.S. Circuit Court of Appeals, Daubert was found visiting a group of…more
A case filed by the U.S. government alleging one of the nation’s three top credit rating agencies improperly misrepresented and manipulated ratings of certain structured debt securities in a “scheme to defraud investors” during…more
Talk about pre-trial expert issues that can cause heartburn . . . try these on for size: When are opinions held by a non-testifying expert discoverable by an opposing party, and, if protected, can statements made to an opposing…more
Expert challenges asserted as part of a post-trial motion to decertify a class came too little, too late after a jury awarded plaintiffs over $400 million in damages in a high profile antitrust case.
In what seemed like a…more
When a federal judge issues an opinion chocked full of expert witness challenges and rulings in a massive class action alleging over $2 billion in overcharges, we make it our business to listen.
Our focus this week: An…more
When a trial judge, after a Daubert hearing, decides to exclude the testimony of an expert witness, the party that proffered the expert can decide whether to challenge that decision on appeal. But if the party decides not to…more
Is expert evidence required to prove a reasonable royalty damages award?
A New Jersey federal court delivered a cautionary ruling for the patent infringement practitioner, perhaps underscoring the following: Although expert…more
This week we bring you two fresh district court rulings involving experts who survived “gatekeeping” admissibility challenges under Federal Rule of Evidence 702 and Daubert.
The rulings serve as a reminder that FRE 702 can…more
When, if ever, is initial expert consulting work performed by assistants to a testifying expert in danger of being subject to discovery by an opposing party?
Wait – you say – the Federal Rules of Civil Procedure protect…more
OK, this time we thought for sure the Supreme Court would give us a decisive ruling on the extent to which a trial court must vet an expert witness under the Daubert standard prior to certification of a class action…more
The U.S. District Court for the District of Delaware recently addressed a costly expert issue involving damages in a patent infringement case: Whether expert testimony which relies solely on a prior settlement agreement as a…more
In a sharply divided opinion issued February 27th, the U.S. Supreme Court did something a little unusual as of late – it gave the green light to plaintiffs seeking class certification in a securities-fraud class action. In its…more
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