IP Watchdog

OCTOBER 24, 2024

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.

Expert Testimony 108

Expert Testimony Precedent Construction Litigation 108

E-Discovery LLC

DECEMBER 17, 2024

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

Discovery Depositions Trial Preparation Expert Testimony 130

IP Watchdog

SEPTEMBER 25, 2024

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.

Precedent 59

Precedent Expert Testimony Litigation 59

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