Chemical Engineering Expert Witness Experience & Discovery – IMS Insights Podcast Episode 48
Podcast: Science in the Courtroom
Fish Post-Grant Radio: Episode #15: Nick Tsui, Alston & Bird
Bar Exam Toolbox Podcast Episode 159: Listen and Learn -- Evidence: Expert vs. Lay Witness Testimony
Podcast: What Witness Preparation Means
Podcast: Seven Witness Preparation Mistakes Lawyers Make
Podcast: Raise Your Right Hand, Miss Lillian
Jones Day Talks Intellectual Property: Blurrier Lines and Narrow Grounds—Implications of the Ninth Circuit’s Blurred Lines Decision
Episode 015: Confessions of a Business Appraiser: A Conversation with Chris Mercer
Inter Partes Review: Validity Before the PTAB
Supreme Court Raises the Bar for Class Certification in Comcast Corp. v. Behrend
Cyntec Company, Ltd. v. Chilisin Electronics Corp., Appeal No. 2022-1873 (Fed. Cir. Oct. 16, 2023) In this week’s Case of the Week, the Federal Circuit reversed and remanded a California district court’s judgment as a...more
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
In a recent opinion by the Federal Circuit, Auris Health, Inc. v Intuitive Surgical Operations, Inc., Case 2021-1732, the panel split on the weight of general industry skepticism in an obviousness analysis and split on...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
Genuine Enabling Technology LLC v. Nintendo Co., Ltd., Appeal No. 2020-2167 (Fed. Cir. Apr. 1, 2022) - The Federal Circuit’s only precedential patent opinion this week turned on issues of claim construction. In...more
We’re still waiting (and probably will be for a little while) for the first opinion from newly confirmed Judge Tiffany Cunningham. But in the meantime, we provide below our usual weekly statistics and our case of the week—our...more
Illinois Federal Court Excludes Plaintiffs’ Expert Testimony on Certification Motion in Anti-Poaching Class Action - A federal court in Illinois granted Jimmy John’s motion to exclude expert testimony of a putative class...more
After a Florida law firm and one of its attorneys (defendants) were hit with a $5 million jury verdict in a case arising out of an underlying medical malpractice action, they—along with the firm's insurer—appealed. Because...more
HVLPO2, LLC v. OXYGEN FROG, LLC - Before Newman, Moore, and Chen. Appeal from the United States District Court for the Northern District of Florida. Summary: It is an abuse of discretion to permit a witness to testify...more
In a procedurally complicated case involving allegations of both utility and design patent infringement, the US Court of Appeals for the Federal Circuit found that a district court’s piecemeal approach to a design patent...more
On July 15, 2019, the USPTO released a second update to Trial Practice Guide for AIA proceedings. The 64-page update reflects some of the recent opinions that the Board has designated as precedential and includes helpful...more
The past year saw the lower courts wrestle with the aftermath of the U.S. Supreme Court’s decision in Bank of America Corp. v. City of Miami that, like the Court’s previous ruling in Texas Department of Community Affairs v....more
The Court of Appeals of Minnesota (“Court”) addressed in a March 25th opinion the denial of a Conditional-Use Permit (“CUP”) to construct and operate a one-megawatt solar energy system (“Solar Garden”). See In re An order...more
Federal Circuit Finds Claims Issued from Reexamination Co-Pending with Appeal Ineligible Where the Changes Did Not Affect Section 101 Eligibility - In SAP AMERICA, Inc. v. InvestPic, LLC, Appeal No. 2017-2081, the...more
PATENT CASE OF THE WEEK - Power Integrations, Inc. v. Fairchild Semiconductor Int’l, Inc., Appeal Nos. 2016-2691, 2017-1875 (Fed. Cir. July 3, 2018) - The Court affirmed a jury verdict of patent infringement and vacated a...more
Federal Circuit Summaries - Before Prost, Newman, and Wallach. Appeal from the Patent Trial and Appeal Board. Summary: An unsupported expert opinion does not constitute substantial evidence to contradict a prior art...more
Welcome to our inaugural issue of Product Lines—our e-newsletter focusing on toxic torts and products liability news and issues. As we all know, there are many issues that arise in this complex area of the law every day. We...more
In 2016, the US Court of Appeals for the Federal Circuit docketed more appeals from the US Patent and Trademark Office (PTO) than any other venue—a first in its over 30-year history. The post grant proceedings created by the...more
Federal Circuit Summaries - Before Wallach, Chen, and Stoll. Appeal from the United States District Court for the District of Nebraska. Summary: Reexaminations of patents confirming validity are not dispositive of...more
The Federal Circuit held that the PTAB may consider legal conclusions of obviousness by experts, but the expert papers must make adequate factual findings and provide a satisfactory explanation as to determinations of...more
The Supreme Court of the United States issued decisions in two cases on June 6, 2016: Simmons v. Himmelreich, No. 15-109: Respondent Walter Himmelreich, an inmate at a federal prison, brought two suits against prison...more
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
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
The Second Circuit found no proof of material misrepresentations as to some charges, and held that expert testimony was improperly excluded as to others. On December 8, the US Court of Appeals for the Second Circuit...more
Today, the Federal Circuit issued a ruling in Lighting Ballast v. Philips on remand from the Supreme Court after the Teva decision changed the standard of review of a district court’s claim construction. One of the more...more