Key Discovery Points: Don’t Rush in as an AI Fool!
Key Discovery Points: If You Dispose of Relevant Hard Drives You Will Face (Some) Consequences
Key Discovery Point: Collecting Hyperlinked File Versions – Contemporaneous or “As Sent”?
Brooklyn District Attorney Eric Gonzalez – Innovative Approach to Safety
Key Discovery Points: Timing is Mostly Everything in eDiscovery
Bar Exam Toolbox Podcast Episode 305: Spotlight on Civil Procedure (Part 2 – Discovery)
Key Discovery Points: Get Your Copy of the 2025 eDiscovery State of the Industry Report
What are Some of the Concerns With Applying AI to Document Review?
Biggest Benefits of Applying AI to Document Review
All in the Family: What’s Next for Cloud Attachments in eDiscovery?
Bar Exam Toolbox Podcast Episode 302: Listen and Learn -- More on Discovery (Civ Pro)
Key Discovery Points: Even AI Experts Can Get Faked Out
Innovation in Second Requests: Data is Your Greatest Asset
Key Discovery Points: Timing Sweet Spots for Spoliation Motions
Key Discovery Points: Should Hyperlinked Files Be Treated as Modern Attachments?
Podcast: Are Legal Holds Protected by Privilege? Insights from the FTC's Battle with Amazon
Podcast: How Delaying Third Party Discovery Can End Up Costing You Dearly
How Attorneys’ Views on AI Are Impacting eDiscovery
Key Discovery Points: Get Your Objections In Early – and Keep Your Filings Succinct
Key Discovery Points: Lessons Learned from TikTok’s Redaction Fiasco
ALIVECOR, INC. v. APPLE INC. Before Hughes, Linn, and Stark. Appeal from Patent Trial and Appeal Board - A party in a PTAB proceeding forfeits the ability to challenge an opposing party’s discovery obligation violation...more
After an inter partes review finds certain claims of a patent unpatentable, may the patentee assert other claims, immaterially different, in district court without being collaterally estopped? This was the question presented...more
Navigating patent infringement claims requires a deep understanding of both the legal landscape and the specifics of the technology at stake, especially in the fast-evolving cybersecurity sector. Creative litigation...more
When parties jointly stipulate to witness statements rather than live direct and cross examination, one might expect the ITC to be receptive to their agreement—after all, such stipulations may save time and resources for...more
Shortly before the evidentiary hearing, ALJ Lord granted Complainant’s motion in limine and excluded certain testimony in the witness statement of Respondents’ expert as precluded by her ground rules governing expert...more
In a recent order, the ITC denied a motion to stay after ALJ Bullock found that the balance of the Semiconductor Chips factors weighed against granting the motion. See In re Certain Memory Modules And Components Thereof, Inv....more
In a recently issued order, Chief ALJ Bullock granted Respondent’s motion to amend its Response to the Complaint almost nine months after the investigation had been instituted to include the defense of inequitable conduct in...more
Administrative Law Judge (“ALJ”) McNamara’s recent order suggests that respondents may be permitted to add defenses if another respondent makes the complainant aware of the defense during discovery. See In the Matter of...more
In a recent order, Administrative Law Judge (“ALJ”) Shaw denied Complainants’ Paice LLC and the Abell Foundation, Inc. (“Paice”) motion for evidentiary sanctions against Respondent Ford Motor Company (“Ford”) for allegedly...more
In a recent order, Administrative Law Judge Lord denied Respondents CSL Behring LLC, CSL Behring GMBH, and CSL Behring Recombinant Facility AG (“CSL Behring”) motion to compel discovery from Complainants Bioverativ Inc.,...more
We recently posted about when a complainant is permitted to amend its complaint and the good cause that must be shown. Similar issues arise where a respondent wants to amend an answer without showing good cause. An order...more
In a recent order, Administrative Law Judge McNamara denied Complainants Advanced Micro Devices, Inc. and ATI Technologies ULC’s motion for leave to file an amended complaint to assert U.S. Patent Nos. 8,760,454 and 9,582,846...more
In a recent Order, ALJ McNamara clarified that while diagrams drawn by an expert depicting the interplay and hierarchy of relevant code modules, inputs, and outputs of source code are to be treated as confidential business...more
In Certain Integrated Circuits with Voltage Regulators and Products Containing Same; Inv. No. 337-TA-1024, Chief ALJ Bullock recently denied a motion by Complainant R2 Semiconductor, Inc. to take additional discovery and...more
Certain Access Control Systems and Components Thereof, Inv. No. 337-TA-1016 (May 31, 2017), is a good lesson in covering all your bases. Relying on a non-infringement decision by ALJ Pender, respondents assumed that they did...more