News & Analysis as of

Litigation Strategies

The Failures of Conventional Witness Preparation: Insights from Nutter's Ken Berman

Q: You’ve written and spoken extensively on how conventional witness preparation can leave witnesses giving horrible testimony in depositions and cross-examination. What’s the problem? Please see full Insights below for...more

Don’t Adapt to ‘Learning Style’

It is part of the received wisdom of popular psychology: People have different learning styles. You reach “auditory learners” by explaining it to them verbally, “visual learners” by showing them graphics, “reflective...more

With Software Patents and Means-Plus-Function, “Structure” Takes On a New Meaning

Functional Claiming in Software Patents - Software patents are generally directed to a sequence of steps or rules, i.e., an algorithm, performed by a computer programmed to carry out the algorithm. Because algorithms are...more

Enforcing IP Rights In China: A Road Map For US Companies

by WilmerHale on

The United States loses between $225 and $600 billion each year due to misappropriation of intellectual property — an estimated 50-80 percent of which has been attributed to China. While Chinese officials have taken steps to...more

18 Deposition Tips from Court Reporters

by Planet Depos, LLC on

There is a lot that goes into taking a deposition, and a lot that goes into making the record. We’re often asked by attorneys and paralegals if we have any tips for their depositions—what can they do to make sure the...more

The Facts in the “Abstract”

by Jackson Walker on

“We demand rigidly defined areas of doubt and uncertainty!” -Douglas Adams, Hitchhiker’s Guide to the Galaxy It seems that Douglas Adams has a great many fans in the universe of IP law. While he almost...more

Race-based Strikes: Expect Fixes for the Problem (and Problems with the Fixes)

It is unacceptable for someone to be the wrong color or the wrong ethnicity to serve on a jury. In modern times, the law says race-based exclusions can’t happen. But the practical reality in the courtroom, particularly some...more

Wait, Why Am I Receiving This? Practice Pointers on Third Party Responses to Litigation Preservation Demands

by Butler Snow LLP on

Most commercial litigators are familiar with the process for responding to a subpoena demanding the production of documents from a non-party to litigation under Federal Rule of Civil Procedure 45. But interesting...more

Strike Your Judge

The peremptory strike is a well-established tool for addressing bias within a future jury. While the strike has its critics, the case is strong for having a method to address bias that is real but falls below the threshold of...more

Have Cake, Eat Cake: Declaratory Judgment Strategy For Accused Infringers

by Jones Day on

The AIA prohibits institution of a post-grant proceeding when the petitioner previously “filed a civil action challenging the validity of a claim of the patent.” 35 U.S.C. § 315(a)(1). PGR petitions (including CBM petitions)...more

Inoculate by Teaching the Technique and Not Just the Error

Inoculation is a well known, persuasive technique. The idea is that, instead of waiting for your opponent to share a piece of information or lay out an argument, and then responding by showing that the information or argument...more

You’ve Got Issues: Making a Case for Deep-Issue Statements

What’s the first thing that judges and law clerks read in an appellate brief? The certificate of interested parties, the table of contents, and the table of authorities are matters of form, and, while important, they don’t...more

Use Community Attitude Surveys as an Uncertainty Reduction Strategy

Many have observed the continued decline of the civil jury trial. One reason trial by jury is falling out of favor in civil disputes is that parties and counsel treat it like the ultimate mystery, and this uncertainty makes...more

Protecting Artificial Intelligence and Big Data Innovations Through Patents: Functional Claiming

by Jones Day on

The Situation: Artificial intelligence ("AI") and big data ("BD") innovations are driving forces of the current technological revolution, dramatically changing the way we search for information, communicate, operate devices,...more

Genomics and Genetics – Helping to Remove Inferences and Possible Litigation Bias

by Butler Snow LLP on

It is no secret that every lawsuit attributing the development of disease to an alleged exposure to a toxic substance requires early consideration of alternate causes. One powerful tool being used more frequently to do this...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

Philadelphia Cabbies Lose Appeal in Monopoly Case Against Uber

by Mintz Levin on

In broad language, a Third Circuit panel affirmed a district court’s dismissal of a monopoly suit against Uber Technologies Inc. (“Uber”). Philadelphia Taxi Association Inc. v. Uber Technologies Inc., Case No. 17-1871 (3rd...more

Expect the “Fake” to Get Very Real

Persuaders win by convincing decision-makers that their story is more “real” than the alternative. But what if the foundation for that choice, the notion that there is a “real” to aspire to, is eroding? If it is, then...more

Compelling a Muni Indenture Trustee to Arbitrate Before FINRA

A recent decision out of the federal district court in Nevada, BOKF, NA v. Estes D. Nev. March 2, 2018), addressed the interesting question of whether an indenture trustee for municipal bonds could be compelled to arbitrate...more

United States Judicial Panel on Multidistrict Litigation – March Hearing Preview

The next hearing session of the United States Judicial Panel on Multidistrict Litigation (“JPML”) is scheduled for March 29, 2018 in Atlanta, Georgia. ...more

Feed Your Millennials Visual Information

Generalizing based on age, generation, and other demographics can be hit and miss. And in jury selection, a reliance on these factors can be more miss than hit. In other words, any strike decision-rule that begins with...more

Check the Rules Part VI – Recent Rule-Change Proposal Asks Lawyers To Curb Their Brief-Writing Enthusiasm

by Farrell Fritz, P.C. on

Perhaps I’m revealing too much about my abilities in a prior life to balance academic and social priorities, but does anyone else remember the “not less than X pages” page requirements for high-school and college term papers...more

Selling Rough Drafts: 7 Tips to Increase Your Bottom Line

by Planet Depos, LLC on

As most reporters are well aware, selling value-added services is an effective way to increase your bottom line. But are you selling a service that actually has value? Is your rough draft actually worth paying for?...more

Measuring Success and Avoiding Pitfalls in Discovery for Litigated Claims

by Epiq on

At the recent 2018 Claims and Litigation Management Alliance (CLM) conference, Epiq chief innovation officer, Cliff Dutton, hosted a roundtable titled, “Measuring Success and Avoiding Pitfalls in Discovery for Litigated...more

Overcoming Bad Evidence: Lessons From Waymo V. Uber Trial

by Morrison & Foerster LLP on

One piece of “bad” evidence (or evidence that simply looks bad) can sink a client at trial. How do you neutralize the evidence before the judge and keep the jury sympathetic to your client when there is evidence that, at...more

665 Results
|
View per page
Page: of 27
Cybersecurity

"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:
Sign up using*

Already signed up? Log in here

*By using the service, you signify your acceptance of JD Supra's Privacy Policy.
*With LinkedIn, you don't need to create a separate login to manage your free JD Supra account, and we can make suggestions based on your needs and interests. We will not post anything on LinkedIn in your name. Or, sign up using your email address.