News & Analysis as of

Evidence

The Circuit Raises A Glass To A Broad Construction Of Law Enforcement’s Authority Under The Fourth Amendment

Yesterday the Second Circuit issued a decision in United States v. Diaz, No. 15-3776 (Walker, Sack, Chin). In an opinion by Judge Sack, the Court addressed two questions under the Fourth Amendment: when does a police...more

Opinions of Counsel Should Be Rendered Timely, and Evidence of Opinions of Counsel Should Be Credible

Omega Patents, LLC (“Omega”) sued CalAmp Corp. (“CalAmp”) for patent infringement in the Middle District of Florida. The jury returned a verdict for Omega, finding all of the asserted claims valid and infringed. On April 5,...more

Ensuring an expert is independent and other issues

by Dentons on

There have been several judgments in the first few months of 2017 that are worth considering in relation to the impartiality and independence of an expert, as well as the duties of experts....more

Supreme Court: District Court EEOC Subpoena Enforcement Decisions Subject to Abuse of Discretion

by Holland & Knight LLP on

The Supreme Court of the United States issued its decision on April 3, 2017, in McLane Co., Inc. v. Equal Employment Opportunity Commission, a case which presented the question of what the appropriate standard of appellate...more

Just Because the Board Didn’t Say It, Doesn’t Mean that the Board Didn’t Think It

In Novartis AG v. Torrent Pharmaceuticals Limited, [2016-1352] (April 12, 2017), the Federal Circuit affirmed the PTAB’s determination that the challenged claims of U.S. Patent No. 8,324,283, and Novartis’ proposed substitute...more

The 4 Most Challenging Countries for Depositions (And Solutions!)

by Planet Depos, LLC on

Taking an international deposition can be a difficult task all on its own, but add The Hague Evidence Convention regulations, and there is a whole new challenge to behold! However, with this quick guide, it won’t be all that...more

RED GOLD for Jewelry: Obviously Generic (Or Maybe Not…)

On March 24, 2017, the U.S. Court of Appeals for the Ninth Circuit ruled that the term “red gold” may not be a generic term for jewelry and watches, and thus, may serve as a trademark. Specifically, the Ninth Circuit found...more

What’s That Smell? An Examination of Legal Developments Related to Formaldehyde Products

Is that formaldehyde you smell in your newly floored sunroom? Hopefully, it is not. Formaldehyde is a colorless, flammable, strong-smelling chemical used in construction and household products, such as cabinets, furniture,...more

Why Brand Owners Need to Keep a Paper Trail

by Bennett Jones LLP on

Good evidence wins cases. In a trademark opposition, evidence demonstrating how and for how long a mark has been used in commerce (for example, on hangtags, labels, packaging, signage, invoices and online platforms) can be...more

ITC Sanctions for “Staggering” Destruction of Evidence Upheld

by McDermott Will & Emery on

Addressing the imposition of sanctions for spoliation in a US International Trade Commission (ITC) case, the US Court of Appeals for the Federal Circuit upheld the ITC’s imposition of default judgment sanctions and an...more

H-1B Updates from USCIS

by Mintz Levin on

“Computer Programmer” as a Specialty Occupation - On March 31, 2017, USCIS released a policy memorandum addressing the adjudication and review of H-1B petitions for Computer Programmers. The memorandum rescinded a...more

Expert evidence: is it needed, when will the court allow it and the importance of staying engaged throughout the proceedings

by Dentons on

Welcome to our latest review of expert evidence decisions with a UK construction flavour. The overriding objective of the Civil Procedure Rules (CPR) is to ensure the court deals with cases justly and at proportionate...more

Organik Kimya v. ITC: Federal Circuit Affirms Dispositive Sanctions For Bad Faith Spoliation of Evidence

On February 15, 2017, the Federal Circuit affirmed the Commission’s imposition of severe, case dispositive sanctions on Respondents for bad faith spoliation of evidence as well as the issuance of a 25-year limited exclusion...more

Supreme Court Limits EEOC Subpoena Power

by Fisher Phillips on

In a 7 to 1 decision, the U.S. Supreme Court ruled today that courts of appeals should largely defer to lower courts’ decisions when policing subpoenas issued by the Equal Employment Opportunity Commission (EEOC). By...more

When Will Expert Evidence Be Excluded?

by Bennett Jones LLP on

Experts play an important role in IP litigation, but the court will carefully consider whether the proposed expert evidence is necessary to assist the trial judge and has demonstrated an increasing willingness to determine,...more

Decision of the Paris Court of Appeal on "adverse inferences" doctrine

by White & Case LLP on

The Paris Court of Appeal has issued an important decision endorsing an arbitral award based, in part, on the "adverse inferences" principle in the IBA Rules on the Taking of Evidence in International Arbitration (the "IBA...more

Burden Shifted to Accused Infringer to Show Accused Product Not Made by Patented Process

A judge has ordered that an alleged infringer’s product must be presumed to have been made using a patented process, thereby shifting the burden of proof on the issue of infringement from the patent holder to the alleged...more

Obviousness Does Not Speak for Itself

by McDermott Will & Emery on

Addressing the issue of evidence required for a sustainable obviousness determination, the US Court of Appeals for the Federal Circuit vacated a Patent Trial and Appeal Board (PTAB) finding of obviousness of the challenged...more

Product Liability & Complex Litigation Vol. 1, No. 1

by Butler Snow LLP on

We are pleased to provide you with this edition of the firm’s Product Liability & Complex Litigation Update. This edition contains several articles by our attorneys that we hope you find interesting and informative from...more

Missouri Adopts Daubert Standard Governing the Admissibility of Expert Opinion Evidence

by Polsinelli on

On March 28, 2017, Missouri Governor Eric Greitens signed House Bill 153 into law, repealing Section 490.065 RSMo governing the admissibility of expert witness opinion testimony and replacing it with provisions mirroring the...more

Fifth DCA Reaffirms Protections Against Surprise Tactics at Trial

by Rumberger Kirk & Caldwell on

This past January, Florida’s Fifth District Court of Appeal found that a trial court had committed reversible error by allowing a party to argue and present previously undisclosed expert testimony and evidence to the jury at...more

KCAB Celebrates Its Golden Jubliee with Expansion to Los Angeles

by Planet Depos, LLC on

For court reporters, especially those working internationally, no two days are ever the same. We could be working on anything from an arbitration about plastic surgery, a court case about corruption, a deposition about...more

Depositions in China…and Disneyland? (Updated 2017)

by Planet Depos, LLC on

At Planet Depos, we often receive inquiries from clients regarding depositions in China. While China is indeed a member of the Hague Evidence Convention, depositions are not permitted there....more

Lawsuit Over MH370 Not Likely to Survive Long

by SmithAmundsen LLC on

On March 4, 2017, roughly three years since Malaysia Airlines Flight MH370 disappeared, a suit was filed in South Carolina on behalf of the estates and next of kin of over 40 of the presumably deceased passengers against the...more

This Is Not Fine: Circuit Vacates Fine Imposed on Unable-to-Pay Defendant, Citing Lack of Reasoning or Evidence for Judge’s...

In a summary order issued March 7, 2017, United States v. Marmilev, 14-4738 (Leval, Calabresi, and Carney), the Circuit vacated and remanded the portion of the defendant’s sentence imposing a $250,000 fine after the defendant...more

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