IMS ExpertServices

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Pensacola, FL 32503, United States

Contact: Deborah Brousseau, Manager, Internet Marketing

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Federal Circuit in Facebook Case Does Not 'Like' Appeal

Federal Circuit in Facebook Case Does Not 'Like' Appeal In a patent infringement lawsuit involving Facebook's "like" and "share" functions, the Federal Circuit Court of Appeals has turned down a request by both parties that…more

Apple, Samsung Daubert Docs Should Have Been Sealed, Federal Circuit Rules

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
| Commercial Law & Contracts, Products Liability, Science, Computers, & Technology

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
| Intellectual Property

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
| Civil Procedure, Intellectual Property

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
| Civil Procedure, Intellectual Property

Rating Agencies Next Targets in Financial Crisis Fallout?

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
| Civil Procedure, Finance & Banking, Securities Law

Can Expert Statements Inadvertently Waive Protection?

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
| Civil Procedure

$1.2B in Damages - Expert Challenges Fail to Decertify Class

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
| Antitrust & Trade Regulation, Civil Procedure

$2B Antitrust Case Survives Expert Challenges - Key Learnings

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
| Antitrust & Trade Regulation, Civil Procedure

Expert Appeals His Exclusion to the Supreme Court

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
| Civil Procedure

No Damages Expert … No Relief?

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
| Insurance

Surviving a "Gatekeeping" Challenge – Expert Rulings Shed Light

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
| Civil Procedure

Consulting Experts – The Danger of Discovery

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
| Civil Procedure, Intellectual Property

Once Again, SCOTUS Skirts Expert Issue for Class Actions

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
| Civil Procedure

$300 Million Reasonable Royalty Damages Claim Falls to Daubert

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
| Intellectual Property
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