IP Watchdog

APRIL 3, 2023

While much of the precedential decision deals with Philip Morris’ procedural and agency challenges to the ITC’s ruling, the Federal Circuit also rejected arguments that several patentability findings entered by the ITC were not supported by substantial evidence. The present appeal stems back to an ITC complaint filed by R.J.

Construction 111

Construction Evidence Technology Litigation 111

IP Watchdog

SEPTEMBER 11, 2023

had failed to prove Corephotonics’ patent claims unpatentable as obvious, holding that the evidence supported a different claim construction than that adopted by the Board in one decision, and because the Board’s decision in the second inter partes review (IPR) violated the Administrative Procedure Act (APA).

Construction 121

Construction Evidence Litigation 121

E-Discovery LLC

SEPTEMBER 25, 2024

After setting out the boilerplate on scope of discovery and requirements for a protective order, the Court wrote: “The burden is on the party resisting discovery to explain specifically why its objections, including those based on irrelevance, are proper given the broad and liberal construction of federal discovery rules.”

Discovery 130

Discovery Objections Admissibility Expert Testimony 130

IP Watchdog

JULY 13, 2023

Novartis is currently involved in a multi-district patent litigation campaign to block generic entrants for Entresto®, which is Novartis’ blockbuster heart medication. On July 7, 2023, the district court invalidated the patent for lack of written description despite rejecting an enablement defense based upon the same evidence.

Technology 52

Technology Pharmaceuticals Construction Evidence 52

Next Generation E-Discovery Law & Tech Blog

SEPTEMBER 11, 2024

In its first eDiscovery failing, Arch Insurance did not issue a litigation hold until four years after having constructive notice of the claim. Employees at Arch Insurance identified relevant ESI, but due to what the court identified as a lack of supervision by counsel, critical potential evidence was mishandled.

Insurance 59

Insurance Jury Instructions Evidence Discovery 59

IP Watchdog

AUGUST 31, 2022

While the Federal Circuit did side with INVT’s arguments that its patent claims were drawn to device capability and not actual operation, the CAFC opinion, authored by Circuit Judge Raymond Chen, found that INVT did not produce evidence that the accused devices possessed the capability covered by the patent claims.

Construction 72

Construction Evidence Technology Litigation 72

IP Watchdog

MAY 13, 2022

On May 11, the United States Court of Appeals for the Federal Circuit (CAFC) affirmed the claim construction and decision of the United States District Court for the Central District of California to exclude evidence relating to damages but vacated its infringement determination and remanded a case alleging that Hulu, Inc.

Construction 131

Construction Evidence Technology Litigation 131

E-Discovery LLC

JULY 2, 2024

See Justin Wise, Chevron Ruling Poised to Boost Business for Corporate Litigators (bloomberglaw.com) (July 1, 2024), discussing Loper Bright Enterprises v. Under that construct, routinely generated documents, such as internal affairs investigations, would not be protected. Raimondo , No. 22-451, __ U.S. __ (Jun. citation omitted).

Discovery 130

Discovery Evidence Construction Litigation 130

Jury Analyst

JULY 6, 2023

In order for the legal process to successfully uphold the ideal of a defendants’ right to a fair trial, jurors must evaluate the evidence that informs the verdict in a fair and impartial manner. These pre-existing beliefs can color their perception and evaluation of the evidence.

Jury Selection 40

Jury Selection Litigation Jury Deliberation Evidence 40

IP Watchdog

FEBRUARY 14, 2024

Judge Schall dissented-in-part, explaining that he would not have found the claims indefinite based on the intrinsic evidence. The parties mainly disputed two terms during claim construction: (1) “transaction partner” and (2) “OFF.” Mantissa sued First Financial Corporation and First Financial Bank, N.A. in the U.S. in the U.S.

Expert Testimony 64

Expert Testimony Construction Evidence Litigation 64

Civil Litigation Brief

OCTOBER 21, 2024

In Workman Properties Ltd v Adi Building And Refurbishment Ltd [2024] EWHC 2627 (TCC) HHJ Stephen Davies sent out a clear reminder of the duties on all parties in a Part 8 case where the court was being asked to.

Construction 52

Construction Witnesses Evidence 52

IP Watchdog

FEBRUARY 7, 2022

The CAFC affirmed the district court’s denial of judgment as a matter of law (JMOL) on infringement because the jury’s verdict of infringement of the declared claims of the ‘710 and ‘032 patents was supported by substantial evidence and the district court’s construction of the claim limitation “repeat” was not erroneous.

Construction 52

Construction Evidence Technology Litigation 52

IP Watchdog

NOVEMBER 8, 2021

411 relating to whether courts must have evidence of intent to defraud before referring copyright registration validity questions to the Copyright Office. Supreme Court heard oral argument today in Unicolors v. The case asks the Court to decide whether the Ninth Circuit properly construed the language of 17 U.S.C. §

Evidence 105

Evidence Construction Litigation 105

Forensic Psychologist

OCTOBER 4, 2024

A single niche The single niche where the two labels are in widespread use is a forensic one: Sexually violent predator (SVP) litigation. Similar evaluator variability was evident when the researchers zoomed in on OSPD diagnoses in which either hebephilia or nonconsent were proffered as its basis. In State of New York v. Jason C. ,

Admissibility 59

Admissibility Evidence Litigation Construction 59

Law Sites

MARCH 18, 2024

The problem was this: Many of the books that contain our official case law were published by companies that had a history of acting aggressively through litigation to prevent others from copying the law or from competing in the realm of legal information. The ‘guillotine’ the project used for slicing books’ bindings.

Legal Research 335

Legal Research Technology Case Law Litigation 335

Complex Discovery

JUNE 30, 2024

This unique background positions ComplexDiscovery to provide valuable insights for conflict-related investigations and litigation, where understanding the interplay of technology, data, and geopolitical factors is crucial. Russo-Ukrainian Conflict Update Global Tremors: U.S. While current U.S.

Government and Public Sector 93

Government and Public Sector Objections Litigation Construction 93