Closing Argument: Opportunity and Challenge
Podcast - Impeaching with a Deposition
Winning Cases on Legal Issues Before and During Trial | Texas Appellate Law Podcast
Opening Statements: The Prohibition Against Argument
Proof in Trial: University of Louisville
Work This Way: A Labor & Employment Law Podcast - Episode 6: Digital Forensics & Protecting Trade Secrets with Clark Walton
Dealing with Evidence of Time, Distance and Speed
Law School Toolbox Podcast Episode 417: Listen and Learn -- Authentication of Evidence
Law School Toolbox Podcast Episode 410: Listen and Learn -- Relevance Issues (Evidence)
Bar Exam Toolbox Podcast Episode 225: Listen and Learn -- Authentication of Evidence
Bar Exam Toolbox Podcast Episode 214: Listen and Learn -- Relevance Issues (Evidence)
California Employment News: Synthesizing Evidence in a Workplace Investigation (Part 3)
Evidence Preservation: Handling the Issues in New York and New Jersey
Law School Toolbox Podcast Episode 352: Listen and Learn -- Best Evidence Rule
Bar Exam Toolbox Podcast Episode 182: Listen and Learn -- Policy Exclusions (Evidence)
Bar Exam Toolbox Podcast Episode 177: Listen and Learn -- Best Evidence Rule
Facing a Deposition: Tips and Strategies
The Presumption of Innocence Podcast: Episode 3 - The Science of Modern Digital Forensics
Law School Toolbox Podcast Episode 326: Listen and Learn -- Multiple Hearsay
Bar Exam Toolbox Podcast Episode 159: Listen and Learn -- Evidence: Expert vs. Lay Witness Testimony
As part of the recovery from the global COVID-19 pandemic, the U.S. Court of Appeals for the Federal Circuit took steps to return to normal operations. It began requiring live oral arguments in August 2022 and, by November,...more
Love it or hate it, ignore the USPTO Patent Trial and Appeal Board (PTAB) at your peril. The introduction of the PTAB as part of the America Invents Act over ten years ago has forever changed patent litigation. In its first...more
[co-author: Jamie Dohopolski] Love it or hate it, ignore the USPTO Patent Trial and Appeal Board (PTAB) at your peril. The introduction of the PTAB as part of the America Invents Act over ten years ago has forever changed...more
[co-author: Jamie Dohopolski] Last year, the continued global COVID-19 pandemic forced American courts to largely continue the procedures set in place in 2020. The U.S. Court of Appeals for the Federal Circuit was no...more
We previously published an article discussing patent owner’s due process challenges based on alleged pecuniary interests of the Office and Administrative Patent Judges instituting cases to meet production goals and increase...more
The PTAB Strategies and Insights newsletter provides timely updates and insights into how best to handle proceedings at the USPTO. It is designed to increase return on investment for all stakeholders looking at the entire...more
[co-author: Kathleen Wills] Last year, the global COVID-19 pandemic created unprecedented challenges for American courts. By making several changes, however, the U.S. Court of Appeals for the Federal Circuit was able to...more
Long before the AIA, declarations were a tool that was available during patent prosecution to put evidence, e.g., post-filing data and expert opinions, in front of an Examiner to rebut obviousness or lack of enablement...more
The US Court of Appeals for the Federal Circuit affirmed a Patent Trial and Appeal Board (PTAB) decision finding that the America Invents Act (AIA) is constitutionally sound as applied to patents issuing on applications filed...more
On November 27th, Acting Deputy Chief Administrative Patent Judge Jacqueline Bonilla presented a webinar on the PTAB’s proposed Motion to Amend pilot program. In October 2018, the Patent Office published a request for...more
Recently in Nobel Biocare Services AG v. Instradent USA, Inc., the Federal Circuit affirmed a decision of the U.S. Patent and Trademark Office’s Patent Trial and Appeal Board (“the Board”) in an inter partes review (“IPR”)...more
Measure twice cut once – the same can be said of the Petition in American Invents Act (“AIA”) proceedings. Time and again the Board and Federal Circuit[i] have used the Administrative Procedure Act[ii] (“APA”) – guaranteeing...more
The Patent Trial and Appeal Board (“PTAB”) issued its initial Trial Practice Guide in August 2012, shortly before America Invents Act (“AIA”) post-grant proceedings became available. That Guide had not been supplemented or...more
The USPTO’s Patent Trial and Appeal Board (PTAB) has published an update to the AIA Trial Practice Guide (TPG) containing additional guidance about trial practice before the Board. The USPTO published the original TPG in...more
Practitioners are familiar with the typical submission process in America Invents Act (“AIA”) – Patent Trial and Appeals Board (“PTAB”) proceedings. First, the Petition is filed, and then the Patent Owner may submit a Patent...more
In This Issue - US Taxation of IP After Tax Reform - U.S. taxation of intellectual property has become astoundingly more complex after the Tax Cuts and Jobs Act. The new rules are so complex that the IRS and Treasury...more
The Patent Trial and Appeal Board held a Boardside Chat webinar on June 7, 2018, during which Administrative Patent Judges Justin T. Arbes and Kevin W. Cherry discussed motions to exclude and motions to strike in AIA trials. ...more
On February 1, the PTAB held its first “Boardside Chat” of 2018, which featured three judges discussing appeals and AIA trial proceedings for design patents. Not only are such proceedings less common for design patents than...more
During inter partes review (IPR) proceedings, a patent owner facing a challenge to a patent’s claims on the basis of obviousness may seek to counter this challenge by presenting evidence of objective indicia of...more
Today the Circuit agreed to hear en banc Nantkwest v. Matal,in which the panel had reversed a district court decision that had rejected the PTO’s position that applicants who appeal a district court must pay the PTO’s legal...more
In a decision last month, the Court of Appeals for the Federal Circuit gave petitioners in AIA proceedings yet another weapon to invalidate patents – by affirming a Patent Trial and Appeal Board (PTAB) decision that relied,...more
Our report includes discussions of six of the precedential cases decided in the past week and will include the other three cases in next week’s report. In Aylus v. Apple, the panel finds prosecution disclaimer in a...more
In Perfect Surgical Techniques, Inc. v. Olympus America, Inc., the Federal Circuit vacated and remanded a USPTO Patent Trial and Appeal Board decision in an Inter Partes Review proceeding, finding that the PTAB imposed too...more