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Litigation Strategies

Locke Lord Article: Five Best Practices in Defending a Company in Patent Litigation

by Locke Lord LLP on

1. Unlearn the case from the Complaint; learn it from the Client. The Complaint is the first voice you will hear about the case. Many roads begin there, but that is not the case, not your Client’s case. Your Client’s...more

Pro Te: Solutio - Vol. 10 No. 3 – Summer 2017

by Butler Snow LLP on

Every summer vacation (or, at least, the ability to take the weekend off!) should include a good read. Whether your preference runs toward a memoir with words of wisdom, a review of new technical advancements, issues of...more

You v. The Mic: Mitigating Microphone Mistakes

by Planet Depos, LLC on

It’s the middle of your depo, and you pull your mic off, creating a loud sound on the record. You take a quick glance to the left and see the videographer giving you a stern look. You’re embarrassed, but don’t worry — this...more

Dealing with Competing Class Actions, Part Two – Venue Transfer and MDL Consolidation

Part two of our series on competing class actions will address strategies intended to “corral” multiple cases: venue transfer under the federal forum non conveniens statute, and seeking multidistrict litigation (MDL)...more

Patents for Billion Dollar Restasis Drug Under Siege

Using an innovative strategy, pharmaceutical company Allergan recently transferred the patents associated with the eye drug, Restasis, to the Saint Regis Mohawk Tribe, in exchange for an exclusive license back. The tribe...more

Federal Rule 34 Primer — A shepherd’s guide to “herding cats”

Herding Warrior Cats - Federal Rules were last updated in 2016 and the changes were thought to be significant. Welcomed by some and scorned by others, those changes are still being evaluated and applied by judges across...more

4 Useful Tips for Interpretation Preparation

by Planet Depos, LLC on

Interpreting highly technical depositions is a grueling task, both mentally and physically exhausting for even the most seasoned interpreter. The best interpreters want to prepare well in advance for such depositions, to...more

Privilege Overview

by Hogan Lovells on

Any recorded communication (for example: e-mails, recorded phone conversations (including voicemails), letters, memoranda, computer records etc) may have to be produced to the other party in a subsequent legal dispute or...more

Disclosure of documents in civil proceedings in England and Wales

by Hogan Lovells on

"Disclosure" is the term given to the stage of the litigation procedure when each party may be required to collect and review potentially relevant documents and then state to the other parties (usually in a formal List) the...more

Asking the Right Questions at the Expert’s Deposition to lay the foundation for your client’s Daubert Challenge (Part 1)

by Wilson Elser on

Deposing your adversary’s liability expert is not only a chance to delve into the details of the expert’s opinions, but the deposition also presents a great opportunity for defense counsel to explore the sustainability of the...more

Practice Pointers to Best Utilize or Respond to Document Requests: Sedona Publishes Rule 34 Primer

by Pepper Hamilton LLP on

The rules governing how litigants conduct written discovery changed substantially on December 1, 2015, when major amendments to the Federal Rules of Civil Procedure took effect....more

When in Doubt, Assume the Earliest Possible Deadline

by Carlton Fields on

One of the most important factors in preserving your appellate rights is knowing when the clock starts running on your deadline to appeal. While the answer may appear simple as a matter of course, that is not always the case....more

Beware: Claims Investigations May Not Be Protected From Disclosure In Maryland

by Pessin Katz Law, P.A. on

Insurance companies and lawyers defending insurance companies oftentimes try to shield claims investigations from disclosure during discovery. Oftentimes, the claimed basis for non-disclosure is the work-product privilege. In...more

How to Lose an IPR but Amend Your Claims in Reexam and Keep Your Patent

by Knobbe Martens on

On August 30, 2017, the PTAB issued a Final Written Decision in M & P Golf, LLC (d/b/a Cool Clubs) v. Max Out Golf, LLC, IPR2016-00784, Paper 43 (P.T.A.B August 30, 2017), entering adverse judgement on the original patent...more

Booking it to the District Court

by Dorsey & Whitney LLP on

A recent decision out of the federal district court for the Eastern District of Virginia overturned in part the Trademark Trial and Appeal Board’s decision that the mark “Booking.com” is not registrable on the basis that the...more

Allergan and the Saint Regis Mohawk Tribe Enter Patent Agreement to Defend Against IPR of RESTASIS® Patents

by Knobbe Martens on

In a creative move to take advantage of recent PTAB decisions regarding Sovereign Immunity, (see e.g., Covidien LP v. University of Florida Research Foundation, IPR2016-01274 and Neochord, Inc. v. University of Maryland,...more

Important Changes To The Tennessee Rules Of Appellate Procedure: Six Things You Need To Know

Effective July 1, 2017, the Tennessee Rules of Appellate Procedure have changed. Many of these changes were implemented to reflect the appellate court clerk’s implementation of electronic filing this year. Here’s what you...more

Settlement Offers under Part 36 of the Civil Procedure Rules

by Hogan Lovells on

Part 36 of the Civil Procedure Rules 1998 (the 'CPR') is a self contained procedural code that encourages parties to settle disputes being litigated (or about to the litigated) in the English courts. It does this by modifying...more

Selecting Qualified Interpreters for Business Meetings

by Planet Depos, LLC on

When conducting business outside the United States, an interpreter may be required or beneficial for meetings and/or networking opportunities. Many times, business meetings involve several parties from a number of different...more

Pharma Patents Assigned to Indian Tribe to Thwart Inter Partes Review

by Foley & Lardner LLP on

As we have previously reported, sovereign immunity of state universities (who are instruments of state government) has been used to avoid IPRs under the immunity clause of the US Constitution (“Sovereign Immunity of State...more

The Practical NLRB Advisor Issue 6 Summer 2017

XYZ Logistics has certainly had its share of labor troubles lately. Its truck drivers have been represented by the Teamsters for decades, and it has been bargaining a new union contract for what seems like forever. The...more

The Hub: Transportation News & Insights - September 2017

by Wilson Elser on

Distracted Driving: Not the End of the Road - As a claims professional or attorney, never jump to conclusions when you learn about a distracted driver claim. As the facts surrounding the accident begin to develop,...more

Practical Tips For An Effective Litigation Hold Notice

by Farrell Fritz, P.C. on

I recently wrote about the importance of styling one’s litigation hold in a broad, but sufficiently specific way. Some of you may be thinking, well, that’s all fine and good but what is a litigation hold? Why and when do I...more

Three Card Monte and E-Discovery: Ask the custodians

“But, your honor, we conducted a search and collection from all sources we deemed appropriate and where we believed responsive and relevant information was located…I mean, honest judge.”...more

Considering the Human Elements in IP Litigation

At the heart of intellectual property litigation are people: People who are disputing the uniqueness and similarities of products and trademarks. The dispute is resolved through the decisions made by judges, arbiters, and...more

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