Testimony

News & Analysis as of

Business Litigation Report - August 2015

Extradition for U.S. Antitrust Crimes: An Anomaly or the New Normal? - In April 2014, Germany extradited Romano Pisciotti, an Italian national, to the United States to face criminal charges related to his alleged...more

Post-Grant Proceedings: The Top Seven Things You Should Know About the Proposed Rule Changes

On August 20th, the U.S. Patent and Trademark Office published proposed rules that would amend the consolidated set of rules currently governing Inter Partes Reviews, Post-Grant Reviews, Covered Business Method Reviews, and...more

Know Them Before They are Famous (or at least final): The Latest USPTO Proposed Rule Changes

On August 19, 2015, the United States Patent and Trademark Office (USPTO) released proposed rule changes for trials before the Patent Trial and Appeal Board (PTAB). The proposed rule changes were made in response to input...more

US Supreme Court Holds that Student’s Statement to Teacher can be Admitted at Trial

The U.S. Supreme Court (the “Court”) recently issued a unanimous decision as to whether or not prosecutors could introduce statements at trial when a child is not available for cross examination. The Court’s decision has...more

Board Rejects Attempt to Add Testimony to Preliminary Response

As we have discussed, the proposed PATENT Act contains provisions that alter many facets of IPR proceedings. One of those potential changes is a new ability to include affidavits or declarations of supporting evidence and...more

Supreme Court Update: Mcfadden V. United States (14-378), Ohio V. Clark (13-1352), Brumfield V. Cain (13-1433) And Davis V. Ayala...

We're back with Part II of our last-Thursday round-up, just in time for another decision dump from One First Street. Last week, the Court handed down decisions in Los Angeles v. Patel (13-1175), Kimble v. Marvel Enterprises...more

Written Reasons in Administrative Decisions

Fashoranti v. College of Physicians and Surgeons of Nova Scotia, 2015 NSCA 25, dismissing an appeal from the disciplinary committee’s finding that a physician committed unprofessional conduct. A physician was charged...more

Amendments to PATENT Act Proposal Takes Aim at IPR Proceedings

On Thursday, June 4, 2015, the PATENT Act made it out of committee on a 16-4 vote after amendments were made to the bill that take direct aim at inter partes review proceedings. While there is still a long way to go before...more

Come What May: The Power of Testimony in Domicile Cases

One of the more interesting aspects I’ve seen in residency cases in my practice is the importance and understanding of a taxpayer’s intent in the overall analysis. That’s part of what makes residency cases so unique. There...more

The 5th Amendment In Civil Practice: 3 Big Considerations

The right to remain silent and not testify at your own criminal trial is well known within the legal community and among the public. A defendant “taking the fifth” has been depicted in movies and television shows, and...more

Right to Work - Chapter 3

The Maine Legislature’s Joint Standing Committee on Labor, Commerce, Research & Economic Development heard testimony Monday on six proposed bills that would seek to alter the relationship unions have with employees and...more

Fraud In The Smoke Will Not Do

This is from the non-Dechert side of the blog. We do not write too often about tobacco decisions. While FDA has added a Center for Tobacco Products and there are still lots of cases against tobacco manufacturers, we...more

USPTO makes changes to AIA post grant proceedings

The U.S. Patent and Trademark Office will be making a series of rule changes to America Invents Act reviews. Some will be effective immediately, others will be implemented in phases. The rule changes are a direct response to...more

Live Testimony for Fact Witness Can Be Appropriate at IPR Oral Hearing

With the Patent Office considering changes to inter partes review practice to potentially increase the use of live testimony at oral hearings, it is worth reviewing the first case in which the Board allowed such live...more

Employee Survives Summary Judgment with Self-Serving Testimony

In Nigro v. Sears, Roebuck and Co., (No. 12-57262, filed 2/25/15, amended 4/10/15) (Nigro), the United States Court of Appeals for the Ninth Circuit held a self-serving declaration can be sufficient to create a genuine issue...more

District Court Denies Motion in Limine Seeking to Preclude Advice of Counsel Defense Even Though Plaintiff Was not Able to Obtain...

The Plaintiff filed a motion in limine seeking the district court to preclude the Defendant from offering at trial any testimony regarding the Defendant's opinion of counsel defense that was not disclosed during discovery. As...more

Statement of Samantha Elauf Following Oral Argument at the Supreme Court in EEOC v. Abercrombie & Fitch Stores, Inc.

WASHINGTON-- Samantha Elauf filed the original charge of religious discrimination with the U.S. Equal Employment Opportunity Commission (EEOC) that led to today's argument in the Supreme Court. She has the following statement...more

Nevada Lawyers Beware: Don’t Use Privileged Documents To Prep Your Client To Testify

Twice this year, the Nevada Supreme Court ruled that a party may be required to produce for inspection an otherwise privileged document used to refresh a witness’s recollection prior to or during the witness’s testimony at a...more

Inventor Testimony Without Corroborating Evidence Is Insufficient to Prove of Reduction to Practice

K-40 Electronics, LLC v. Escort, Inc. - Addressing the sufficiency of corroborating evidence to prove earlier reduction to practice, the Patent Trial and Appeal Board (PTAB) found that an inventor’s testimony regarding...more

PTAB Permits Entry of Declaration Testimony in an IPR Without Opposing Party’s Opportunity to Cross- Exam

In a Conduct of the Proceeding Order and Decision Denying Patent Owner’s Motion for Additional Discovery, the PTAB addresses the situation of proffered declaration testimony that was not prepared for the purposes of the inter...more

South Carolina: Admission of Cause & Origin Testimony by Fire Chief Was Prejudicial Error

In James D. Fowler v. Nationwide Mutual Fire Ins. Co., 2014 WL 3844215, 2014 S.C. App. LEXIS 209 (S.C. App., Aug. 6, 2014), South Carolina’s Court of Appeals recently held that it was prejudicial error to allow the jury to...more

SCOTUS Affirms Right to Blow Your Whistle in Public Sector

There has long been tension in the public sector regarding an employee’s duties as an agent of the state and his or her right as an individual to freedom of speech. In a decision handed down in June of 2014, the United States...more

Notes taken post-accident can lose privilege if used to refresh memory, court decision suggests

Privileged notes taken by a witness – or by the employer from a witness – after a workplace accident may cease to be privileged if used by the witness to prepare to testify in court, a recent court decision...more

First Amendment Protects Public Employees Who Give Truthful, Sworn Testimony Outside The Scope Of Their Ordinary Job Duties From...

In Lane v. Franks, et al, Edward Lane was discharged as a program director at a state college after testifying in a criminal, public corruption case against an Alabama State Representative. Lane had previously discharged the...more

Psychology In the Courtroom - Is Social Science "Common Sense" or a Tool to Correct Juror Misconceptions?

The Pennsylvania Supreme Court recently issued two decisions regarding the use of social science experts in criminal cases. As noted by University of Pittsburgh law professor David Harris, however, the opinions appear to...more

76 Results
|
View per page
Page: of 4

"My best business intelligence, in one easy email…"

Your first step to building a free, personalized, morning email brief covering pertinent authors and topics on JD Supra:

Sign up to create your digest using LinkedIn*

*With LinkedIn, you don't need to create a separate login to manage your free JD Supra account, and we can make suggestions based on your needs and interests. We will not post anything on LinkedIn in your name. Or, sign up using your email address.
×