Remove Expert Testimony Remove Litigation Remove Precedent
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Split CAFC: ‘Word Salad’ Expert Testimony Failed Under Doctrine of Equivalents Infringement Standard

IP Watchdog

Court of Appeals for the Federal Circuit (CAFC) today issued a precedential decision affirming a district court’s finding that NextStep, Inc. failed to prove that Comcast Cable Communications infringed its patents.

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Non-Testifying Consultant Subject to Discovery Where Testifying Expert Relied on Consultant’s Work

E-Discovery LLC

26(a)(2) governs discovery of expert testimony. For a testifying expert, one disclosable matter is the basis, facts, and data considered by the expert in forming an opinion. Tesla moved to compel the whole ball of wax identity, a deposition, all documents and communications, invoices, etc. Plaintiffs offered half a loaf.

Discovery 130
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Full Federal Circuit Grants Google’s Request for Rehearing of Precedential Ruling on Expert’s Damages Testimony

IP Watchdog

Judge Prost dissented-in-part from the panel opinion, stating that the majority’s opinion with respect to damages “at best muddles our precedent and at worst contradicts it.” against Google, whose appeal in part asked for a new trial on damages due to prejudicial error.