Law School Toolbox Podcast Episode 504: Listen and Learn -- Motions for Judgment as a Matter of Law and Motions for New Trial (Civ Pro)
Bar Exam Toolbox Podcast Episode 262: Listen and Learn -- Motions for Judgment as a Matter of Law and Motions for New Trial (Civ Pro)
The Briefing: Shedding Light on ‘Willful Blindness’: Brandy Melville v Redbubble
The US Court of Appeals for the Federal Circuit reversed an exclusion of expert testimony and grant of judgment as a matter of law, finding that the district court improperly conflated admissibility with credibility and...more
The Federal Circuit reversed the district court’s admission of D R Burton Healthcare’s expert testimony due to untimely disclosure and unreliability under the Federal Rules of Evidence 702. The Federal Circuit also reversed...more
Ninth Circuit affirms jury finding that tattoo of jazz icon Miles Davis by celebrity tattoo artist Kat Von D was not substantially similar to and did not infringe plaintiff’s photograph....more
The US Court of Appeals for the Federal Circuit affirmed a district court’s judgment as a matter of law (JMOL) that the plaintiff failed to prove misappropriation of five alleged trade secrets related to self-inflating tire...more
IN RE: ERIK BRUNETTI - Before Lourie, Dyk, and Reyna. Appeal from the Trademark Trial and Appeal Board. Summary: The Federal Circuit vacated and remanded a decision of the Trademark Trial and Appeal Board (TTAB) refusing to...more
The US Court of Appeals for the Federal Circuit reversed jury verdicts of infringement, finding that they were not supported by substantial evidence because of deficiencies in the patent owner’s expert testimony. Finesse...more
The Federal Circuit reversed a district court’s denial of judgment as a matter of law on non-infringement, thereby setting aside a $106 million jury verdict, after holding that prosecution history estoppel barred the patentee...more
The US Court of Appeals for the Federal Circuit reversed a district court’s denial of a motion for judgment as a matter of law (JMOL) of noninfringement, finding that the jury’s infringement findings were unsupported by...more
Concluding that the principles of prosecution history disclaimer apply to design patents, the US Court of Appeals for the Federal Circuit reversed a district court’s denial of judgment as a matter of law and entry of a jury...more
Welcome back to the Law School Toolbox podcast! In this week's episode, we're focusing on a topic from Civil Procedure -- specifically, motions for judgment as a matter of law and motions for new trial, where the moving party...more
Trudell Medical International Inc. v. D R Burton Healthcare, LLC, Appeal Nos. 2023-1777, -1779 (Fed. Cir. Feb. 7, 2025) This week’s Case of the Week presents a cautionary tale for litigators to be sure they’ve timely...more
The US Court of Appeals for the Federal Circuit ruled that the “substantially the same way” comparison in connection with a doctrine of equivalents (DOE) analysis involving a means-plus-function claim limitation should focus...more
On September 6, 2024, the United States District Court for the Middle District of Pennsylvania denied dueling summary judgment motions concerning the interpretation of a royalty provision in Chambers v. Equinor USA Onshore...more
Welcome back to the Bar Exam Toolbox podcast! In this week's episode, we're focusing on a topic from Civil Procedure -- specifically, motions for judgment as a matter of law and motions for new trial, where the moving party...more
Precedential and Key Federal Circuit Opinions - CYNTEC COMPANY, LTD. v. CHILISIN ELECTRONICS CORP., CHILISIN AMERICA LTD. [OPINION] (2022-1873, 10/16/23) (Moore, Stoll, Cunningham) - Stoll, J. The Court reversed the...more
The US Court of Appeals for the Federal Circuit upheld a district court’s claim construction and jury instructions but reversed a premature judgment as a matter of law (JMOL) on obviousness and an imprecise damages award....more
Cyntec Company, Ltd. v. Chilisin Electronics Corp., Appeal No. 2022-1873 (Fed. Cir. Oct. 16, 2023) In this week’s Case of the Week, the Federal Circuit reversed and remanded a California district court’s judgment as a...more
In the case of Brandy Melville v Redbubble, a three judge appellate panel explored whether an owner of an online market place is liable for contributory trademark infringement. Scott Hervey and Jamie Lincenberg discuss this...more
The District Court for the District of Delaware recently held a patentee waived its right to seek JMOL on infringement following a jury verdict of non-infringement because the patentee’s Rule 50(a) motion focused solely on...more
In this asbestos-related lawsuit, the defendant, Structure Tone, filed for summary judgment arguing that the plaintiff failed to establish that he was exposed to asbestos from working with or near products used by Structure...more
Court: Court of Appeals of Washington, Division One - In this asbestos action, decedent Kevin Holdsworth worked at a paper mill in Camas, Washington from 1964 to 2001. He alleged exposure to asbestos from several sources...more
Court: Supreme Court of New York, New York County - In this asbestos-related lawsuit, defendant, Perkins Engines, filed a motion for summary judgment arguing that plaintiff could not have used its brakes, clutches, or...more
Sanofi and Regeneron filed their brief at the Supreme Court in Amgen v. Sanofi, in which Amgen seeks to have the Court overturn the District Court's grant of JMOL in the issue of whether Amgen's claims were invalid for...more
The Supreme Court on Friday, Nov. 3, granted Amgen’s petition for certiorari on the second of the Questions Presented in its petition...more
U.S. District Court for the Eastern District of Louisiana, July 25, 2022 - As previously reported on the Asbestos Case Tracker, this matter stems from decedent Callan Cortez’s take-home exposure to asbestos, from his...more