News & Analysis as of

Abuse of Discretion Expert Testimony

BakerHostetler

Damages Experts: Has the Federal Circuit Lowered the Admissibility Standard?

BakerHostetler on

Damages experts in patent cases have a tough task. They must construct a hypothetical negotiation between the parties that would have taken place just before the alleged infringement started. And the goal of this hypothetical...more

Genova Burns LLC

New Jersey Supreme Court Rules Drug Recognition Expert Testimony Admissible Under the Daubert-Accutane Standard

Genova Burns LLC on

On November 15, 2023, the New Jersey Supreme Court released its decision on the much anticipated issue of whether Drug Recognition Expert (DRE) testimony is admissible under New Jersey Rule of Evidence 702. The Court...more

Goldberg Segalla

Defendant Obtains Summary Judgment Due to Inadmissible Expert Testimony

Goldberg Segalla on

Court: Superior Court of New Jersey, Appellate Division Decedent Joseph Murray worked for the defendant Consolidated Rail Corporation (Conrail) from 1976 to 2011 as a brakeman/conductor. His wife filed a wrongful death and...more

Sterne, Kessler, Goldstein & Fox P.L.L.C.

Federal Circuit Appeals from the PTAB and ITC: Summaries of Key 2022 Decisions: Kyocera Senco Indus. Tools v. Int’l Trade Comm’n,...

The patent holder, Kyocera, filed a complaint in the International Trade Commission against Koki in Certain Gas Spring Nailer Prods. & Components Thereof, Inv. No. 337-TA-1082, 2020 WL 2093834 (Apr. 28, 2020). Kyocera’s...more

Sterne, Kessler, Goldstein & Fox P.L.L.C.

Federal Circuit Appeals from the PTAB and ITC: Summaries of Key 2022 Decisions

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

Morrison & Foerster LLP - Left Coast Appeals

This Week at The Ninth: Fire Investigators and Nursing Homes

This week, the Ninth Circuit addresses the district court’s gatekeeping role for expert testimony and examines whether federal courts have jurisdiction over COVID-related suits against nursing homes. ELOSU v. MIDDLEFORK...more

Sterne, Kessler, Goldstein & Fox P.L.L.C.

PTAB Strategies and Insights: January 2022 - Federal Circuit Holds that Your Technical Expert Must be a POSA

In Kyocera Senco Industrial Tools Inc. v. International Trade Commission, the Federal Circuit held in a precedential opinion that expert witnesses must at least have ordinary skill in the art. Because Kyocera’s expert did not...more

Sterne, Kessler, Goldstein & Fox P.L.L.C.

PTAB Strategies and Insights: January 2022

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

Fox Rothschild LLP

The Descent Of A Dissent

Fox Rothschild LLP on

An intriguing by-play between judges on the North Carolina Court of Appeals recently emerged into public view in the case of State v. Calvin Lee Miller. After shooting his wife, Miller was convicted of attempted...more

Akin Gump Strauss Hauer & Feld LLP

Only an Expert Can Offer Opinions on Obviousness

In a precedential decision in HVLPO2, LLC v. Oxygen Frog, LLC, the Federal Circuit held that non-expert testimony on obviousness is inadmissible, further finding that the district court abused its discretion by allowing a lay...more

Knobbe Martens

Non-Expert Testimony on Obviousness Is Inadmissible

Knobbe Martens on

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

Knobbe Martens

Federal Circuit Review - September 2018

Knobbe Martens on

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

Husch Blackwell LLP

Toxic Tort Monitor – January 2018

Husch Blackwell LLP on

A Review of 2017 Personal Jurisdiction Decisions - In 2017, the U.S. Supreme Court in cases such as BNSF Railway Co. v. Tyrrell and Bristol-Myers Squibb Co. v. Superior Court of California continued the trend that began in...more

McDermott Will & Emery

Fact-Intensive Reasonable Royalty Analysis Need Not Be Peer Reviewed or Published to Be Admissible - Summit 6, LLC v. Samsung...

McDermott Will & Emery on

Addressing the admissibility of expert testimony on damages issues, the U.S. Court of Appeals for the Federal Circuit upheld the district court’s admission of expert testimony based on a fact-intensive analysis that was not...more

Pullman & Comley, LLC

Appellate Court Notes

Pullman & Comley, LLC on

- SC19080 - Sanchez v. Commissioner of Correction - SC19013 - State v. Terwilliger - SC19013 Concurrence - State v. Terwilliger - AC35918 - Scandariato v. Borrelli Trial court was held not to have...more

Foley Hoag LLP - Environmental Law

More on Daubert: The 11th Circuit Allows EPA’s Experts to Testify on NSR Violations

Last spring, Robby Sanoff complained in this space about the problem resulting from appellate courts’ refusal to give appropriate discretion to district judges in performing their gatekeeping function under Daubert. As Robby...more

16 Results
 / 
View per page
Page: of 1

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