News & Analysis as of

Discovery Motion to Exclude

Akin Gump Strauss Hauer & Feld LLP

PTAB Denies Request to Cross-Examine Experts Because Declarations Were Prepared for Other Proceedings and Were Not “Critical”...

In an ongoing inter partes review (IPR) proceeding, the Patent Trial and Appeal Board (the “Board”) denied Petitioner Nestlé Healthcare Nutrition, Inc.’s request to cross examine two expert witnesses after Patent Owner...more

Morris James LLP

Court Of Chancery Admits Post-Signing Evidence

Morris James LLP on

In re Appraisal of Jarden Corporation, C.A. 12456-VCS (September 7, 2018) - Appraisal cases often must deal with whether to admit evidence that deals with post-merger events....more

Womble Bond Dickinson

Double Whammy!: Court in Eastern District of Michigan Excludes Plaintiff’s Expert Report, Then Grants Summary Judgment on TCPA...

Womble Bond Dickinson on

It’s hard to keep track of developments on ATDS functionality these days, as week-by-week we’ve had courts across the country coming out on different sides of this raging debate. This week is no different, and we have a nice...more

Fox Rothschild LLP

Judges Hate “Gotcha Games”

Fox Rothschild LLP on

In October, I wrote about How the Practice of Law is Like the NHL. This article was about how rule changes in the practice of law, and changing skill sets in the NHL have made finesse and skill more important than brawling. ...more

McDermott Will & Emery

“Supplemental Evidence” Versus “Supplemental Information” (CaptionCall, LLC, v. Ultratec, Inc.)

Addressing the requirements to offer supplemental evidence and information, the Patent Trial and Appeal Board (PTAB or Board) denied the patent owner’s requests for authorization to file a motion to submit supplemental...more

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