Expert Testimony

News & Analysis as of

Plaintiff Precluded from Offering Expert Testimony in Opposition to Summary Judgment where Plaintiff Failed to Timely Designate...

In Perry v. Bakewell, (Filed 2/3/2016, No. B264027) the California Court of Appeal, Second District, held that Plaintiff’s expert witness declarations, filed in support of his opposition to defendant’s motion for summary...more

Federal Circuit Finds No "Way" To Support Doctrine Of Equivalents

In Akzo Nobel Coatings, Inc. v. Dow Chemical Co., the Federal Circuit upheld the district court’s grant of summary judgment of no infringement under the doctrine of equivalents because the patent holder had failed to...more

Challenging Psychological Tests in Litigation – The Value and Limitations of The MCMI-III™

The Millon Clinical Multiaxial Inventory III (“MCMI-III”™) is a popular assessment tool used by clinical psychologists, that has been in use since approximately 1977. This instrument has been the subject of many articles and...more

Petitioners: Put All Needed Evidence in Your Petition - Redline Detection, LLC v. Star Envirotech, Inc.

Addressing the rules governing admissibility of supplemental information during an inter partes review (IPR) proceeding, the U.S. Court of Appeals for the Federal Circuit affirmed the decision of the Patent Trial and Appeal...more

In Michigan, a troubling case involving medical expert testimony

In protecting its citizens, Michigan already is taking a deserved drubbing for its shameful government negligence in allowing the lead pollution of Flint‘s drinking water. Officials now need to get their act together to stop...more

Mississippi Gives Teeth to the Safer Alternative Requirement

Maybe you’ve noticed that many of our recent posts have reported good decisions out of Mississippi. It’s as if there has been an outburst of judicial common sense in that fair state. But it has not really been such a sudden...more

Attorneys Must Become Scientists to Defend Against Bad Science

It’s true that science and law are systems intended to discover truth, the two don’t always work well together. Too often, in fact, subpar science can corrupt the judicial system, where it’s a lot easier to posit shaky...more

District Court Strikes Expert Opinion Testimony on Patent Subject Matter Eligibility Under Section 101

Defendants Metaswitch Networks Ltd and Metaswitch Networks Corp. ("Metaswitch") filed a motion to strike plaintiff's expert opinions of Mr. Lanning, including his opinions that the patents in suit claim patent-eligible...more

Defendant’s Argument to Exclude Damages Theory Heads in the Wrong Direction

Although courts and commentators have turned up the heat on the entire market value rule (EMVR) in recent years, it can be a useful tool for a patentee to obtain significant damages where the evidence shows that the patented...more

Expert Patent Valuation Opinion Based on Forward Citation Analysis Survives Daubert Challenge

Plaintiff Better Mouse Company's ("Better Mouse") filed a motion to strike portions of the rebuttal expert report and exclude testimony of Richard Eichmann. Better Mouse asserted that the district court should exclude Mr....more

District Court Denies Motion for Leave to Have Forensic Expert Report Used as Affirmative Evidence

The defendants filed a motion for leave to have the forensic expert report of Curtis Rose considered as affirmative evidence. The defendants timely served Rose's expert rebuttal report but sought to use his opinions as...more

Federal Circuit Orders IPR Remand On Board's Treatment Of Evidence

In Ariosa Diagnostics v. Verinata Health, Inc., the Federal Circuit vacated and remanded two parallel final written decisions in favor of the Patent Owner, because it could not discern whether the Board had incorrectly...more

Blog: Part VII Transfers – When Is The Independent Expert Obliged To Disclose The Documents He Relies On, As He Prepares His...

In Excess Insurance Company Limited & others, the Court was asked to sanction the transfer of an insurance business from three different insurers to a fourth. The Prudential Regulation Authority and Financial Conduct...more

Pennywise and Ground Foolish

In Redline Detection, LLC v. Star Envirotech, Inc., [2015-1047] (December 31, 2015) the Federal Circuit affirmed the PTAB’s denial of the Redline’s motion to submit supplemental information (an expert declaration) and the...more

Patent Owner Should Have Left “Good Enough” Alone - Belden Inc. v. Berk-Tek LLC

Addressing issues of obviousness and procedural issues related to the use of declarations, the U.S. Court of Appeals for the Federal Circuit affirmed in part and reversed in part a decision by the Patent Trial and Appeal...more

Federal Circuit Review | December 2015

Expert Testimony Not Always Necessary to Establish Prima Facie Obviousness Case in Inter Partes Review - In Belden Inc. v. Berk-Tek LLC, Appeal Nos. 2014-1575, 2014-1576, on appeal from an IPR, the Federal Circuit...more

Expert Testimony is Necessary to Establish Some Types of Damage, But Not Others

Woodland Hills personal injury attorney Barry P. Goldberg is often faced with decisions whether to hire experts on medical causation, or allow the plaintiff and the jury to apply common sense. Essentially, the question of...more

Lipitor MDL Judge Dissects Plaintiff’s Expert

Have you ever seen a superbly qualified expert give an opinion that is utterly unsupported? That is what happened last week in In re Lipitor (Hempstead v. Pfizer), No. 2:14-cv-1879, 2015 WL 9165589 (D.S.C. Dec. 11, 2015), and...more

Michael Halvorson and Jessica Kokal Obtain Defense Verdict

Michael Halvorson and Jessica Kokal obtain defense verdict for personal injury case. On May 23, 2011, Plaintiff, a grade school teacher and former college athlete, began to brake for slowing traffic when she was...more

Second Circuit Broadens Scope Of Expert Testimony Admissible In White-Collar Fraud Trials

In United States v. Litvak, 14-2902, the U.S. Court of Appeals for the Second Circuit vacated the conviction of a securities trader after concluding that the district court erroneously excluded his proffered expert witnesses....more

Court Excludes Expert Testimony Weakened by Plaintiff’s Own Spoliation (Pennsylvania)

Bruno v. Bozzuto’s, 2015 WL 7294464 (M.D. Pa. Nov. 19, 2015) - In this breach of contract case, the plaintiffs sued the defendant for allegedly breaching their supply agreement. In response to the defendant’s production...more

California Court Gives Ford SUV Tailgate Class the Boot

Plaintiffs from California, New Jersey, and Florida claimed their 2002-2005 Ford Explorers, Mercury Mountaineers, and Lincoln Aviators suffered from a common design defect: the plastic appliqué just below the flip-glass on...more

Bookends – Prof. Jewell’s Opinions Also Excluded in Lipitor MDL, and More

April might be the cruelest month according to T.S. Eliot, but the last month hasn’t been very kind to plaintiffs’ expert Nicholas Jewell, Ph.D. As we posted recently, at the beginning of December, Prof. Jewell was booted...more

Appellate Review of Downhole Cases: The Supreme Court Repairs the Third Circuit’s Broken Manifest Error Standard in Hayes Fund for...

The Louisiana Supreme Court recently issued a decision in a downhole damages case, reversing the Third Circuit’s misguided application of the manifest error standard of review. Hayes Fund for the First United Methodist Church...more

District Court Twice “Erred with Respect to Every [Confusion] Factor.”

The U.S. Court of Appeals for the Eleventh Circuit reversed a district court decision for the second time, explaining that on remand the district court “erred with respect to every factor” in determining whether confusion was...more

295 Results
|
View per page
Page: of 12

"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*

*By using the service, you signify your acceptance of JD Supra's Privacy Policy.

Already signed up? Log in here

*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.
×