News & Analysis as of

Expert Testimony

Petitioners Face A Heightened ‘Motion To Combine’ Threshold

The Board has moved the 103 target without warning. As noted in last month’s article on POPR (Patent Owner Preliminary Response) declarations, the Board is using POPR declarations to deny institution for lack of motivation...more

We, the Jury

by Reed Smith on

Last week we served on a jury in a medical malpractice verdict. To put it mildly, we were surprised that we made it through the peremptory gauntlet. The verdict? It was an enlightening and edifying experience....more

Tips for Effective Advocacy in Arbitration

by Holland & Hart LLP on

Parties to arbitration proceedings frequently comment that they appreciate the arbitration process because it is a faster, more efficient, and less costly way to resolve their business disputes. Unlike litigation, arbitration...more

Jones Day Talks Intellectual Property: Blurrier Lines and Narrow Grounds—Implications of the Ninth Circuit’s Blurred Lines...

by Jones Day on

When does inspiration turn into copyright infringement? The line is getting blurrier. Jones Day’s Meredith Wilkes, Anna Raimer, and Aryane Garansi explain how the Ninth Circuit’s decision—on “narrow grounds”—in the Blurred...more

Not So Secondary: Overcoming Obviousness With Objective Indicia

by Jones Day on

On April 2, 2018, the PTAB issued a final written decision in Fox Factory finding that the petitioner failed to carry its burden in showing the instituted claims were unpatentable as obvious. Fox Factory, Inc. v. SRAM, LLC,...more

$37 Million Verdict in Talc Mesothelioma Lawsuit Underscores Potential Exposure for Talc Manufacturers and Retailers

by White and Williams LLP on

In a new phase of asbestos litigation, attorneys representing individuals who developed mesothelioma without any known industrial exposure to asbestos have set their sights on talcum powder manufacturers and talc mining...more

Defendant Sanctioned for “Deliberately” Altering a Skype Communication: eDiscovery Case Law

by CloudNine on

In GoPro, Inc. v. 360Heros, Inc., No. 16-cv-01944-SI (N.D. Cal. March 30, 2018), California District Judge Susan Illston denied the plaintiff’s motion for summary judgment and denied the defendant’s motion in limine to...more

Opinions of Plaintiff’s Designated Experts – Including Herself — Excluded in Bravelle Economic Loss Case

by Reed Smith on

This morning, our commuter train was packed with overjoyed Villanova students headed for the NCAA Championship Victory Parade. It was the second time in a few months that our fair city has been lifted by a huge sports...more

Anticipation by Combining Elements from the Four Corners of a Reference

by Jones Day on

In a January 12 article, Anticipation Requires More Than A Reference That Discloses All The Elements, we discussed the Microsoft Corp v. Biscotti, Inc. case, where the Federal Circuit affirmed a decision of the PTAB finding...more

Patent Damages: How Many Essential Features in a Smart Phone?

On March 20, 2018, the public version of Eastern District of Texas Magistrate Judge Roy Payne’s March 7, 2018 order tossing a $75 million jury verdict obtained by Ericsson against TCL Communication was released. Ericsson...more

Arizona District Court Excludes Expert Opinion Regarding Insurer’s State of Mind

by Jaburg Wilk on

The Holding - In Hunton v. American Zurich Ins. Co., 2018 WL 1182550 (D. Ariz. Mar. 7, 2018), an insurance bad faith case arising from a workers compensation claim, the Arizona District Court excluded an Insured’s expert...more

“Ordinary Creativity” is no Different Than “Common Sense” and Requires Explanation

In DSS Technology Management, Inc. v. Apple Inc., [2016-2523, 2016-2524] (March 23, 2018), the Federal Circuit reversed the decision of the PTAB, finding claims 1–4 and 9–10 of U.S. Patent No. 6,128,290 obvious, because the...more

No Proof of Specific Causation Equals Summary Judgment for Defendants in Northern District of Alabama Risperdal Case

by Reed Smith on

We write this as key elements of the Drug and Device Law Passover Feast languish in the oven. On March 31, 2018, the Drug and Device Law Bubbie will force four generations of our family – the devout and the not and everyone...more

D.C. Circuit Holds PCAOB Improperly Denied Target Of Investigation Access To Expert Assistance

A D.C. Circuit panel unanimously ruled that the Public Company Accounting Oversight Board (“PCAOB”) acted unlawfully by denying former Ernst & Young partner Marc Laccetti his right to bring an accounting expert to an...more

Minnesota Court Excludes Plaintiff Expert Opinions For Lack of General Acceptance

by Reed Smith on

All of us – defense lawyers, plaintiff lawyers, and judges – tend to assume that the federal Daubert standard for admissibility of expert testimony is more rigorous than competing standards, particularly the Frye standard,...more

Maryland Continues “Drift” Toward Daubert

by Miles & Stockbridge P.C. on

Is Maryland drifting toward Daubert? The Court of Special Appeals of Maryland seemed to confirm (or re-confirm) this as recently as in Sissoko v. State. ...more

Federal Circuit Appeals from the PTAB: Summaries of Key 2017 Decisions

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

Florida Supreme Court Hears Argument On Daubert Standard

by Rumberger Kirk & Caldwell on

On March 6, 2018, the Supreme Court of Florida heard argument in a case that presents the Court with an opportunity to resolve whether Frye or Daubert will be the governing standard for admission of expert testimony going...more

N.C. Supreme Court Holds Real Estate Brokers May Testify on the Issue of Fair Market Value

by Ward and Smith, P.A. on

In a recent opinion, the North Carolina Supreme Court expanded the possibilities of allowable testimony about a property's fair market value. In its decision in North Carolina Department of Transportation v. Mission...more

5 Ways to Prove Distracted Driving in an Auto Accident Case

by The Roth Firm on

Distracted Driving Car Accidents occur on a regular basis throughout the state of Georgia, leaving thousands of people with severe or life-threatening injuries. When you get behind the wheel of a vehicle, you need to do more...more

Establishing Obviousness: A Fundamental Case of Evidence Over Arguments

The Federal Circuit affirmed the Patent Trial and Appeal Board’s inter partes review decision declaring various claims of patent owner Thales’ U.S. Patent No. 6,474,159 (“the ‘159 patent”) nonobvious. In doing so, the Federal...more

Snell & Wilmer Defends Yamaha Rhino in Nevada Trial

by Snell & Wilmer on

Snell & Wilmer attorneys Dan Rodman and Morgan Petrelli recently represented Yamaha Motor Corporation, U.S.A. in the trial of a 2006 Yamaha Rhino rollover lawsuit in the Eighth Judicial District Court of Nevada (Case No....more

Exclusion of Evidence at the PTAB - Does it ever happen?

Experienced PTAB practitioners know that the Board rarely grants motions to exclude evidence in Post Grant proceedings. In this article, we look beyond the grim anecdotes and provide some statistics, as well as the Board’s...more

The Use of Expert Testimony in Tax Court, Part II

by Moskowitz LLP on

In Part I, we introduced the Feinberg vs. Commissioner of Internal Revenue case, which demonstrates the financial challenges faced by marijuana businesses due to their inability to deduct ordinary and necessary business...more

Unsupported Assertions: Expert’s Persuasive Authority Suffers Without Directly Engaging Claim Limitations

by Jones Day on

An expert asserting that a patent claim reciting different features than the prior art is nonetheless “equivalent” to the prior art must address and account for the recited limitations head-on, or otherwise lose persuasive...more

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