News & Analysis as of

Expert Testimony Appeals

Toxic Tort Monitor – January 2018

by 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

Exmark Manufacturing Company v. Briggs & Stratton Power

by Knobbe Martens on

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

Ninth Circuit Improperly Lowers Admissibility Bar for Expert Causation Testimony

by Foley Hoag LLP on

In Wendell v. GlaxoSmithKline LLC, the U.S. Court of Appeals for the Ninth Circuit reversed a trial court order that excluded expert testimony concerning the cause of a profoundly rare and deadly disease. The decision...more

Defence & Indemnity - October 2017: IV. PRACTICE ISSUES B.

by Field Law on

IV. PRACTICE ISSUES - B. The trial judge was held to have erred in allowing an expert witness, who the judge had reservations about, to testify when said expert was clearly not independent. Judges have a role as gatekeeper...more

The PTAB Reverses Original Decision After the Federal Circuit Reverses Key Findings and Limits Issues for Review

by Knobbe Martens on

On October 17, 2017, the PTAB issued a final written decision in an IPR holding all claims unpatentable after the Federal Circuit vacated and remanded the PTAB’s previous final written decision. The PTAB reversed their...more

Is the Frye Standard Making a Comeback in Florida?

On July 11, 2017, the Florida Supreme Court accepted jurisdiction of a case in which it is expected to finally decide, conclusively, whether Florida courts are to apply the Frye or Daubert standard to determine admissibility...more

A Momentive Decision: Second Circuit Splits with Third Circuit on Make Whole Premiums; Adopts Sixth Circuit’s Two-Step Approach in...

Last week the Second Circuit issued its long-awaited opinion on the appeals of plan confirmation taken by the first lien, 1.5 lien and subordinated noteholders in In re MPM Silicones, LLC (“Momentive”). With one exception,...more

Federal Circuit Reverses PTAB for Refusing to Allow Supplementation of Record to Add Later Inconsistent Deposition Testimony from...

The Board exercises substantial power over the scope of the record in IPRs, but the Federal Circuit’s decision in Ultratec v. CaptionCall illustrates a limit on that power. The case involved a collection of consolidated IPR...more

Healthcare Law Update: September 2017

by Holland & Knight LLP on

OIG Advisory Opinions - Manufacturer's Free Replacement of Spoiled Pharmaceutical Products Authorized - On Aug. 25, 2017, the U.S. Department of Health and Human Services' (HHS) Office of Inspector General (OIG)...more

Board Was Mixed Up Over Blender Patent

In Homeland Housewares, LLC v. Whirlpool Corp., [2016-1511] (August 4, 2017), the Federal Circuit reversed the PTAB’s determination that Whirlpool’s U.S. Patent No. 7,581,688 relating to a household blender was not...more

Your Hearsay Objection to Expert Testimony in Support of an Award for Future Damages: Use it or Lose it

In David v. Hernandez, 2017 No. B270133, the California Court of Appeal, Second District, upheld the trial court’s evidentiary rulings on two distinct expert opinions: (1) speculative testimony regarding plaintiff’s marijuana...more

Expert Testimony Regarding Positive Marijuana Tests May Not be Admissible in Motor Vehicle Accident Litigation

by Selman Breitman LLP on

As states trend towards legalizing recreational use of marijuana—recreational marijuana use is legal in Alaska, California, Colorado, D.C., Maine, Massachusetts, Nevada, Oregon, and Washington—the need for a reliable test for...more

Court of Special Appeals Affirms Admission of Plaintiff’s Medical Records into Evidence to Support Opinions of Defense Expert

by Miles & Stockbridge P.C. on

A recent holding of the Court of Special Appeals of Maryland is of significance to companies defending personal injury lawsuits—particularly those where the nature or extent of a plaintiff’s alleged injuries is in dispute. In...more

CAFC: What a Person of Skill in the Art “Could” Do is Insufficient Evidence to Support Obviousness Finding

Duke University owns US 7,056,712 (‘712), which claims methods of treating a metabolic disorder known as Pompe disease. In particular, ‘712 claims methods of treating Pompe disease using a recombinant human acid...more

Federal Circuit Holds That the PTAB May Consider Legal Conclusions of Obviousness by Expert Witnesses That Are Supported by...

by Knobbe Martens on

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

Butler Quarterly - Winter 2017

Two recent federal cases highlight the challenges practitioners face in presenting expert claims handling testimony in bad faith litigation under the Daubert standard. In the first case, a court excluded such expert testimony...more

All About the Experts: Rebutting the Parsons Presumption

The Thornton decision is guided by the Parsons presumption, which holds that when additional medical treatment for a compensable injury is required, a rebuttable presumption arises in favor of the claimant that the treatment...more

Inherent Anticipation for Biotechnology Inventions

by Knobbe Martens on

Anticipation by inherent disclosure requires that a single prior art reference necessarily includes the unstated limitation. The unpredictable nature of biological processes means that winning summary judgment of invalidity...more

Florida Appellate Court Reverses Verdict Against Valve Manufacturer in Asbestos Case - Decision: Trial Court Abused Discretion in...

by Holland & Knight LLP on

Manufacturers of products that contained chrysotile asbestos won a major victory in Crane Co. v. DeLisle on Sept. 14, 2016, when Florida's Fourth District Court of Appeal (Fourth DCA) reversed a verdict entered against a...more

Federal Circuit Emphasizes that an Obviousness Analysis Based on Common Sense Must be Supported by Substantial Evidence and...

A recent decision by the Federal Circuit suggests that relying on “common sense” in analyzing whether a patent is obvious in view of prior art cannot always be based on common sense alone. In a decision providing...more

Defective products liability: new clarifications on the regime’s implementation

by Reed Smith on

In a ruling handed down on 25 February 2016, the Court of Cassation clarified the conditions for implementation of the defective products liability regime. In this case, a patient was prescribed Mediator treatment...more

Patent Owner Should Have Left “Good Enough” Alone - Belden Inc. v. Berk-Tek LLC

by McDermott Will & Emery on

Addressing issues of obviousness and procedural issues related to the use of declarations, the U.S. Court of Appeals for the Federal Circuit affirmed in part and reversed in part a decision by the Patent Trial and Appeal...more

Federal Circuit Review | December 2015

by Knobbe Martens on

Expert Testimony Not Always Necessary to Establish Prima Facie Obviousness Case in Inter Partes Review - In Belden Inc. v. Berk-Tek LLC, Appeal Nos. 2014-1575, 2014-1576, on appeal from an IPR, the Federal Circuit...more

Southern District of Illinois Court Denies Motion to Exclude “Every Exposure” Opinion

by Wilson Elser on

On September 21, 2015, the United States District Court for the Southern District of Illinois denied a defendant’s motion in limine to exclude expert testimony in an asbestos case. Judge Staci M. Yandle denied General...more

Failing to Respond in Good Faith to Request for Admissions Can Have Costly Consequences

by Low, Ball & Lynch on

Timothy Grace, et al. v. Levik Mansourian, et al. - Court of Appeal, Fourth Appellate District (September 15, 2015) - The main purpose of a request for admissions is to eliminate issues by compelling admissions of...more

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