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From Evidence to Misinformation: Courts Brace for Deepfake Challenges

Complex Discovery

Understanding how courts may handle AI-generated evidence will be crucial for those responsible for managing digital content, ensuring data integrity, and navigating complex litigation involving digital forensics. John Tunheim, delves into how the judiciary can prepare for the impact of AI-manipulated evidence. Grimm (ret.),

Evidence 111
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Authentication of Surveillance Video by Lay Witness Under Silent Witness Doctrine

E-Discovery LLC

Therefore, in his view, the evidence was not sufficiently authenticated. Mr. Reddick argued that the store employees testimony was insufficient for authentication, contending that the State had failed to establish a proper foundation showing the reliability of the process. Circumstantial evidence was sufficient. Lorraine v.

Witnesses 130
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CAFC Vacates Section 112 Indefiniteness Ruling, Sending St. Jude Medical Back to Court

IP Watchdog

in which the court affirmed most of a ruling from the District of Minnesota, including sanctions against Niazi for improper use of expert testimony, as well as a finding of no induced infringement by St. Court of Appeals for the Federal Circuit (CAFC) issued a precedential decision in Niazi Licensing Corp. Jude Medical S.C.,

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Federal Circuit Affirms Denial of JMOL, Partial Costs in Favor of Amazon

IP Watchdog

The CAFC said that substantial evidence supported the district court’s finding of anticipation, which Amazon proved via expert testimony relating to a prior art home automation software called HAL. infringed them, or, alternatively, a new trial.

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CAFC Judges Split on Indefiniteness Analysis for Identity Theft Patent

IP Watchdog

Judge Schall dissented-in-part, explaining that he would not have found the claims indefinite based on the intrinsic evidence. The district court relied on First Financial’s expert testimony to conclude that “transaction partner” was indefinite, after finding that the expert used was a person of ordinary skill in the art (POSA).

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Relative Proportionality Argument Rejected

E-Discovery LLC

That is a very rigorous process, often necessitating expert testimony. 403 was of no moment because “Rule 26 itself provides that ‘[i]nformation within this scope of discovery need not be admissible in evidence to be discoverable.’” Id. Ordinarily, that can and should be reserved for trial, or by motion in limine.

Discovery 130
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CAFC Reverses January Decision Affirming Sufficient Written Description for Negative Claim Limitation Over Judge Linn’s Dissent

IP Watchdog

Senior Circuit Judge Richard Linn authored a dissent arguing that the panel majority had improperly adopted a heightened written description standard and failed to take into account expert testimony from Novartis regarding a negative claim limitation that the district court found was supported by ample evidence.