IP Watchdog

OCTOBER 8, 2023

The Federal Circuit judicial panel hearing the appeal drilled down on the sufficiency of VLSI’s expert testimony for establishing infringement under the doctrine of equivalents, as well as damages calculations that arguably relied upon data from non-infringing features of the accused technology.

Expert Testimony 64

Expert Testimony Technology Litigation 64

IP Watchdog

FEBRUARY 14, 2024

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). District Court for the Northern District of Illinois, alleging infringement of certain claims.

Expert Testimony 64

Expert Testimony Construction Evidence Litigation 64

IP Watchdog

FEBRUARY 3, 2022

For a long time, the courts in England have been a forum of choice for the resolution of disputes between international parties, with the promise of an experienced judiciary and a cost-efficient approach to discovery and expert testimony.

Cross-Examination 69

Cross-Examination Expert Testimony Discovery Litigation 69

E-Discovery LLC

SEPTEMBER 25, 2024

That is a very rigorous process, often necessitating expert testimony. In the District of Maryland: “Unlike some other courts … this Court does not impose on the requesting party the burden of establishing the substantial similarity of the requested incidents and lawsuits subject at the discovery stage of the litigation.

Discovery 130

Discovery Objections Admissibility Expert Testimony 130

IP Watchdog

JUNE 21, 2022

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.

Expert Testimony 59

Expert Testimony Pharmaceuticals Healthcare Evidence 59

Complex Discovery

SEPTEMBER 11, 2024

Expert Testimony and Forensic Analysis: The paper emphasizes the role of expert witnesses in helping courts distinguish between real and AI-generated evidence. However, given the current limitations in AI detection technologies, human experts may still struggle to accurately authenticate evidence.

Evidence 111

Evidence Media and Entertainment Jury Deliberation Technology 111

Plaintiff Trial Lawyer Tips

JUNE 27, 2024

LIMITING AREA OF EXPERT TESTIMONY 1. AREAS WITNESS WILL DEFER TO ANOTHER EXPERT UPON. FIND ANY EVIDENCE OF AN “ERROR OF JUDGMENT” ON THE PART OF DEFENDANT (1) IF SO, EXPLAIN IN DETAIL R.

Depositions 100

Depositions Witnesses Expert Testimony Discovery 100

IP Watchdog

APRIL 4, 2022

On April 1, the U.S. Court of Appeals for the Federal Circuit (CAFC) reversed and remanded a summary judgment decision by the U.S.

Construction 128

Construction Technology Expert Testimony Evidence 128

InHouseBlog

NOVEMBER 26, 2022

This finding was met despite Opposer providing expert testimony that related to only 15% of the American population that spoke Spanish or other Romance languages and who are likely to pronounce “SoniStream” as “SonyStream.”

Expert Testimony 81

Expert Testimony Automotive Evidence 81

The Cloud Court Blog

FEBRUARY 24, 2023

What litigation teams need is an extra intelligence that can ingest enormous volumes of testimony data, organize it, and “push” intelligence to you. It takes testimony – from raw deposition and trial transcripts – across one or many cases and converts it into useful, actionable analysis reports that litigation teams can readily consume.

Depositions 52

Depositions Cross-Examination Witnesses Litigation 52

CaseFox

NOVEMBER 27, 2023

Courts must assess the reliability of studies and expert testimony, posing challenges for both sides. Moreover, coordinating mass torts and managing large numbers of plaintiffs adds another layer of complexity to these proceedings. Scientific Complexity Proving causation often involves navigating complex scientific evidence.

Litigation 52

Litigation Pharmaceuticals Expert Testimony Evidence 52

Jury Analyst

MAY 19, 2023

Expert Testimony: Lawyers can call upon expert witnesses to explain the impact of media on perceptions and provide alternative interpretations of evidence. Expert testimony can provide jurors with a balanced perspective, helping them navigate through the biases created by media coverage.

Jury Selection 40

Jury Selection Jury Instructions Evidence Voir Dire 40

Practice of Law

OCTOBER 15, 2024

There, plaintiffs were allowed to present expert testimony on the cancer link. The pharma companies claimed that the testimony lacked scientific validity, and appealed to a higher court to get over 70,000 lawsuits dismissed over bad evidence. Various trials in Illinois also mostly favored the defense.

Manufacturing 40

Manufacturing Pharmaceuticals Expert Testimony Evidence 40

IP Watchdog

SEPTEMBER 25, 2024

In a rare grant of en banc rehearing, the U.S. Court of Appeals for the Federal Circuit (CAFC) today agreed to revisit a June 2024 precedential decision that affirmed a district court’s orders in favor of EcoFactor, Inc. against Google, whose appeal in part asked for a new trial on damages due to prejudicial error.

Precedent 59

Precedent Expert Testimony Litigation 59

IP Watchdog

SEPTEMBER 4, 2024

USA’s attempt to argue that a person of ordinary skill in the art (POSITA) must have had the requisite experience to qualify as an expert at the time of invention, rather than as of the time of testimony. Court of Appeals for the Federal Circuit (CAFC), in a precedential decision, today rejected Planmeca Inc.

Expert Testimony 59

Expert Testimony Litigation 59

3 Geeks and a Law Blog

OCTOBER 16, 2023

And it is your mission, to take this giant jumble of, you know, there, there’s all sorts of different types of documents, there’s emails, there’s, depending on if it’s a real estate case, lease agreements, there might be transcripts, depositions, expert testimony, and you have to weave it together into something coherent, and credible.

Evidence 110

Evidence Exhibits Litigation Technology 110

Complex Discovery

AUGUST 5, 2024

Investigative Services and Expert Testimony : For investigation, analysis, and report generation, 45.9% Expert witness testimony commands higher rates, with 49.2% In terms of investigative services and expert testimony, the market has seen a slight shift towards lower and alternative pricing models.

Technology 119

Technology Expert Testimony Witnesses Discovery 119

Evidence at Trial

SEPTEMBER 9, 2021

The Supreme Court granted review "in light of sharp divisions among the courts regarding the proper standard for admission of expert testimony." To provide a "uniform structure for assessing expert testimony," the Advisory Committee sought to reform Rule 702. There is a presumption that expert testimony is admissible.

Evidence 52

Evidence Expert Testimony Admissibility Cross-Examination 52

Complex Discovery

DECEMBER 10, 2024

Additional Reading Innovating Securely: Considering Confidentiality in AI Applications The Dual Impact of Large Language Models on Human Creativity: Implications for Legal Tech Professionals Source: ComplexDiscovery O The post Tackling AI-Driven Misinformation: Insights and Strategies for Resilience appeared first on ComplexDiscovery.

Education 105

Education Cross-Examination Expert Testimony Technology 105

Temple University Beasley School of Law - Advocacy

JUNE 2, 2024

But lay witnesses may not cross a line and give testimony that is “based on scientific, technical, or other specialized knowledge within the scope of Rule 702.” That’s for experts, and with expert testimony comes discovery obligations such as reports and CVs. 701 and expert testimony under F.R.E.

Expert Testimony 40

Expert Testimony Witnesses Evidence Cross-Examination 40