News & Analysis as of

Testimony

Sham Affidavits

by Reed Smith on

We’re quite familiar with people who say one thing, when they think that’s in their interest, and later when circumstances change, say something quite different. For example, as the late, great Molly Ivins pointed out in...more

Circuit Denies Protection to Hallway Conversation Between Co-Defendants, Highlighting Limits of JDAs

A Joint-Defense Agreement (JDA) can be an extremely valuable tool in coordinating defenses against pending or impending prosecution, as it formalizes the creation of a zone of privilege in which co-defendants and their...more

“A Reasonable Adjudicator Would have Wanted to Review this Evidence.”

In Ultratec, Inc. v. Captioncall, LLC., [2016-1706, 2016-1707, 2016-1708, 2016-1709, 2016-1710, 2016-1712, 2016-1713, 2016-1715, 2016-2366] (August 28, 2017), the Federal Circuit vacated and remanded Board decisions...more

It Pays to be Persistent if PTAB Rulings Violate Due Process Ultratec v. CaptionCall and Matal (Fed. Cir. 2017)

by Brinks Gilson & Lione on

In Ultratec, the Federal Circuit cited several problems with the Board’s permissive rules of trial proceedings and held the Board abused its discretion in its consideration of supplementary evidence. The Board’s regulations...more

Gilead prevails in SOVALDI appeal

by Smart & Biggar on

The Federal Court of Appeal recently affirmed a trial decision relating to two competing patents over Gilead’s SOVALDI (sofosbuvir). In the trial decision, as previously reported, the Court declared Idenix’s Patent No....more

DOJ Announces Project Focused on Admissibility of Forensic Evidence

Yesterday, the U.S. Department of Justice (DOJ) announced an initiative aimed at “examining and strengthening forensic science.” Presumably, the initiative will impact how the DOJ approaches digital forensic evidence in...more

Beware of Firing Your Own Witness Prior to Trial

by Orrick - IP Landscape on

Orders Granting Certain Motions to Exclude Testimony, Greatbatch Ltd. v. AVX Corp. et al., D. Del. (July 20, 2017) (Judge Leonard P. Stark) - Judge Leonard Stark recently decided several pretrial motions in this medical...more

Second Circuit Clarifies Fifth Amendment Law, with Implications for US Prosecution of International Cartels

by McDermott Will & Emery on

On July 19, 2017, the Second Circuit vacated the convictions and dismissed the indictments of two individuals accused of playing a role in the manipulation of the London Interbank Offered Rate (LIBOR). United States v. Allen,...more

Maine Court Declines to Follow Textron; Work Product Rule Protects Tax Accrual Work Papers

by Pierce Atwood LLP on

In a well-reasoned decision, Maine Superior Court Justice Michaela Murphy refused to grant the State Tax Assessor’s motion to compel deposition testimony relating to the taxpayer’s tax accrual (FIN 48) work papers and related...more

US Second Circuit Finds Testimony Compelled by UK Regulators to be Inadmissible in Criminal Proceedings

Creating a potential new impediment for collaboration between UK and US investigators, the Court of Appeals for the Second Circuit in New York recently held that evidence derived from compelled testimony cannot be used in a...more

Comey And Executive Privilege — What Could Have Been

Former FBI Director James Comey will testify before the Senate Intelligence Committee on June 8, 2017, as part of the committee’s investigation into Russia’s influence on the 2016 presidential election. And the committee’s...more

Fresh From the Bench: Precedential Patent Cases From the Federal Circuit

In EmeraChem v Volkswagen the Circuit reverses a determination of obviousness because the ?Board did not provide the patentee with an adequate opportunity to address a prior art reference ?that formed a principal basis for...more

Comey And Executive Privilege — What Could Have Been

Former FBI Director James Comey will testify before the Senate Intelligence Committee on June 8, 2017, as part of the committee’s investigation into Russia’s influence on the 2016 presidential election. And the committee’s...more

“Say it Ain’t So Barry:” A Brief Commentary on United States v. Barry Lamar Bonds and the Elusive Definition of Obstruction of...

Politics can be a contact sport as is evident from the recent appointment of a Special Prosecutor to investigate alleged misdeeds by the Trump Administration including obstruction of justice. Ironically, the decision of an...more

Fresh From the Bench: Precedential Patent Cases From the Federal Circuit

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

Update – Which Decisions Have Excluded Dr. Parisian, And About What?

by Reed Smith on

Back in 2013, we published a comprehensive post on the checkered Daubert history of the notorious and prolific (in equal amounts) plaintiff-side “FDA expert” (although she routinely attempts to opine way beyond FDA matters) –...more

Second Circuit Rules That Defendant Who Pleads Guilty Mid-Trial May Testify as Cooperating Witness Against Former Co-Defendants

On Wednesday, February 15, the Second Circuit issued a published opinion in United States v. Barret, No. 12-4663(L) (Pooler, Hall, Carney), addressing an issue of first impression in the Circuit—whether testimony of a former...more

Church defeats lawsuit by volunteer after stepladder accident. Duelling OHS experts’ testimony considered

by Dentons on

A volunteer has lost his lawsuit against a church after he fell off a stepladder he was using at the church. The volunteer was a parishioner at the church who agreed to help with painting. He claimed that the church’s...more

Godspeed to John Glenn and Failures at Deloitte

by Thomas Fox on

Last week, I paid tribute to Greg Lake. It turned out that the first full week of December was the final week for several important, if not seminal, figures. So this week I will pay homage to those who have left us, today I...more

New Year, New Rules: More Changes to the Commercial Division Rules Coming in 2017

The New York Commercial Division is poised to continue its rules revamp, with six new rules proposals announced since October. While these proposals would not alter practice before the Commercial Division in the same manner...more

USPTO's New Trademark Trial and Appeal Board Rules Take Effect Soon

Next month, the procedural rules governing trademark registration disputes are changing. They present new strategic considerations for brand owners protecting their trademark rights. The Trademark Trial and Appeal Board...more

New Year, New Rules: What to Know About the January 2017 TTAB Rule Updates

After a lengthy proposal and commentary process, the Trademark Trial and Appeal Board ("TTAB" or the "Board") recently published its most significant Rules of Practice update in years (see 81 Fed. Reg. 69950), with the...more

Court Issues $29 Million Judgment Against Pure Green Coffee Weight-Loss Pills in FTC Deceptive Advertising Suit

On November 2, 2016, a Florida Federal District Court issued a $29 million judgment against the marketer of Pure Green Coffee extract weight-loss pills in a deceptive advertising suit brought by the Federal Trade Commission....more

Trump University Class Action Roaring Towards Trial

by Bennett Jones LLP on

This is a big week for U.S. President-elect Donald Trump. The champagne glasses won’t be dry and put away before Trump’s lawyers will be arguing a series of pre-trial motions in Low v Trump University, a U.S. class action...more

An Attempt at Efficiency: A Look at the TTAB’s Upcoming Rule Changes

by Morgan Lewis on

The rule changes are aimed at streamlining proceedings before the TTAB. The Trademark Trial and Appeal Board (TTAB or the Board) will implement several important rule changes as of January 14, 2017. The changes will...more

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