Top Trial Strategy Today Expert Testimony Precedent Content for Sun.Jun 02, 2024

Sun.Jun 02, 2024

The Devil Made Me Do It: When are USPTO Filings ‘Involuntary’?

IP Watchdog

JUNE 2, 2024

In Dragon Intellectual Property LLC v. Dish Network LLC, - (Fed. Cir., May 20, 2024), a divided panel of the U. S. Court of Appeals for the Federal Circuit held that a prevailing defendant in an otherwise “exceptional” patent infringement case could not recover attorney fees expended in a parallel inter partes review (IPR) proceeding because the defendant’s initiation of the IPR was “voluntary.

Litigation

Is The Opinion “Lay” or “Expert?” — The Superior Court Has An Opinion (Maybe A Wrong One)

Temple University Beasley School of Law - Advocacy

JUNE 2, 2024

Lay opinion testimony is tolerated because, frankly, it is hard to find the line between fact and opinion (“she is tall,” “they appeared drunk,” “the car was way over the speed limit”) and because lay witnesses should be comfortable speaking in normal, conversational, easily-understood terms. To ensure there is a foundation for the opinion rather than mere speculation, there is the testing device of cross-examination.

Expert Testimony

Expert Testimony Witnesses Evidence Cross-Examination

Sun.Jun 02, 2024

The Devil Made Me Do It: When are USPTO Filings ‘Involuntary’?

Is The Opinion “Lay” or “Expert?” — The Superior Court Has An Opinion (Maybe A Wrong One)

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