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CAFC: Jury Instructions Must Address Each Objective Indicia of Nonobviousness Raised by Patent Owner

IP Watchdog

Judge Richard Taranto authored the opinion and held that an improper jury instruction given at trial by the district court required vacatur of the court’s final judgment that Inline’s patent claims were invalid for obviousness. Court of Appeals for the Federal Circuit issued a precedential ruling in Inline Plastics Corp.

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Designation of “Work Product” Supports Inference of Intentional Spoliation

E-Discovery LLC

Work product” protection begins when material is prepared in anticipation of litigation. The duty to preserve is triggered when litigation is reasonably anticipated. The County conceded that generally it anticipated litigation but asserted that it had not specifically anticipated this litigation. at *3 (emphasis added).

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Fifth Circuit Affirms Texas Court’s Judgment that Ericsson Complied with FRAND Obligations

IP Watchdog

The U.S. (..)

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2024 Litigation Resolutions for All Litigators

Sound Jury Blog

In the spirit of correcting past problems and forging new habits, here’s a list of litigation resolutions – from case intake to closing argument – to put your trial strategy either back on track or to keep it on track. Deposition practice is one of the most over-looked aspects of litigation preparation.

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What I’ll Be Watching for in the Amgen Oral Arguments

IP Watchdog

Depending on how the court focuses its analysis, the opinion could be as narrow as how the jury instruction should read for pharmaceutical antibody claims written in the form of “a binding site plus a function.”

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Three Key eDiscovery Lessons from Domus BWW Funding v. Arch Insurance Company

Next Generation E-Discovery Law & Tech Blog

In its first eDiscovery failing, Arch Insurance did not issue a litigation hold until four years after having constructive notice of the claim. The Court ruled that the Plaintiff could introduce evidence of Arch Insurance’s eDiscovery failures at trial and would issue a jury instruction as an evidentiary sanction.

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Best Evidence Rule Requires Post-Level Collection for Social Media Evidence

Next Generation E-Discovery Law & Tech Blog

Junior State of America Foundation , is a civil litigation matter involving the intentional destruction (spoliation) of social media evidence. A case out of the federal courts in Texas addressed this issue head on. The plaintiff had deleted his Facebook account resulting in lost evidence critical to the case.