IP Watchdog

MARCH 27, 2024

The Federal Circuit remanded that portion of the case for a new trial so that the jury can properly consider each objective indicia of nonobviousness raised by Inline at trial.

Jury Instructions 64

Jury Instructions Objections Litigation 64

E-Discovery LLC

AUGUST 16, 2024

In the latest iteration of In Re StubHub Refund Litigation , 2024 WL 3817068 (N.D. This is adversarial litigation, and there need to be clearly understood responsibilities. Litigation is designed to find the truth, but it is designed to find it in a particular way: adversarial testing. But that’s not true.” emphasis added].

Interrogatories 130

Interrogatories Discovery Depositions Litigation 130

E-Discovery LLC

JULY 9, 2024

An in camera review is not appropriate merely because a party objects to assertions of privilege. And, a mere objection, or even a suspicion, is not a basis upon which the parties can shift a burden to the Court that they should bear themselves. For example, a “knee-jerk, boilerplate objection about undue burden,” has failed.

Objections 130

Objections Discovery Litigation Insurance 130

IP Watchdog

AUGUST 24, 2023

The court found that the PTAB erred in its analysis of nexus between the claims and evidence of secondary considerations, as well as in its weighing of the objective indicia of nonobviousness.

Objections 52

Objections Evidence Litigation 52

E-Discovery LLC

JUNE 24, 2024

2010)(emphasis added); see, e.g., Court Excused Party From Waiver by Failure to Provide Specific Objections (Aug. Furthermore, even when privilege objections are timely asserted, the failure to produce a proper privilege log generally constitutes waiver of the privilege objections.” In Bautech USA, Inc. Resolve Equip.,

Interrogatories 130

Interrogatories Objections Discovery Litigation 130

CaseFox

DECEMBER 21, 2023

The legal proceedings can be broadly categorised into civil and criminal litigation, each governed by distinct laws and procedures. This blog highlights the key differences between civil and criminal litigation according to the law. Discovery is the process by which parties exchange information and evidence.

Litigation 52

Litigation Evidence Burden Of Proof Objections 52

E-Discovery LLC

SEPTEMBER 25, 2024

Wiegand objected. After setting out the boilerplate on scope of discovery and requirements for a protective order, the Court wrote: “The burden is on the party resisting discovery to explain specifically why its objections, including those based on irrelevance, are proper given the broad and liberal construction of federal discovery rules.”

Discovery 130

Discovery Objections Admissibility Expert Testimony 130

E-Discovery LLC

SEPTEMBER 4, 2024

Discovery is the lawyer’s x-ray: “Discovery procedure serves much the same function in the field of law as the X-ray in the field of medicine and surgery; and if its use can be sufficiently extended and its methods simplified, litigation will largely cease to be a game of chance.” 691, 717 (1998)(citation omitted). Rodriguez v. 7, 2022).

Discovery 130

Discovery Objections Evidence Litigation 130

E-Discovery LLC

MAY 31, 2024

The Fiskars court explained that: The bottom line is this: Even if the court were inclined to compel production of source code and related documents, that information would be unusable in this litigation absent a dramatic upheaval of the schedule…. 1, 2023)( untimely discovery objection was waived); cf.

Interrogatories 130

Interrogatories Discovery Counterclaim Objections 130

E-Discovery LLC

OCTOBER 9, 2024

27, 2024), “boilerplate” objections were sustained on the specific facts presented. BOILERPLATE OBJECTIONS HAVE GENERALLY BEEN CONDEMNED Boilerplate objections have generally been condemned. See General Objections, Dracula, and “Whac a Mole” (Apr. In Jacobs v. The Journal Publishing Co., 2024 WL 4333199 (D. 168, 170 n.1

Objections 130

Objections Discovery Interrogatories Admissibility 130

E-Discovery LLC

SEPTEMBER 12, 2024

The September 6, 2024, decision in In Re: Social Media Adolescent Addiction/Personal Injury Products Liability Litigation, 2024 WL 4125618 (N.D. Therefore, “control” existed where a litigant had the legal right to obtain documents on demand. 2024), applies the “legal control” standard to Fed.R.Civ.P.

Subpoenas 130

Subpoenas Discovery Litigation Objections 130

E-Discovery LLC

SEPTEMBER 13, 2024

With the consent of two sophisticated and cooperative groups of litigants, I conducted the process much like a mediation, beginning with ex parte communications with both sides. It does not require that a litigant forego any meritorious discovery or other position. ” Id. State Bar Ass’n. at 338-39 (emphasis added).

Discovery 130

Discovery Mediation Litigation Objections 130

Jury Analyst

MAY 15, 2023

When conducting jury selection, the steps taken to ensure an objective trial are quite similar to the ones psychologists take to ensure objective research. However, there are some who remain skeptical about the idea of applying empirical methods to litigation. The legal profession has a long history and tradition.

Litigation 40

Litigation Objections Evidence Jury Selection 40

Civil Litigation Brief

SEPTEMBER 24, 2024

There are many interesting aspects of the judgment of HHJ Melissa Clarke (sitting as a judge of the High Court) in Wilson v Ministry of Justice [2024] EWHC 2389 (KB). Here I want to concentrate upon the judgment relating to.

Objections 52

Objections Evidence Witnesses 52

Attorney at Work

SEPTEMBER 15, 2021

With the improved access to litigation data from numerous vendors in the exploding legal tech ecosystem, solo practitioners, small law firms, and regional and midsize firms can take advantage of insights from data to position themselves as leaders and market movers in their respective practice areas and jurisdictions.

Litigation 311

Litigation Objections Legal Services Legal Research 311

IP Watchdog

AUGUST 15, 2022

With Judge Alan Albright no longer a lock for patent litigants in the Western District of Texas, prospective claimants and their counsel should be rethinking their venue selection strategies. For those navigating this new world order, litigation funders serve as a valuable resource.

Litigation 105

Litigation Objections 105

E-Discovery LLC

AUGUST 27, 2024

One litigant, RNDC, moved to seal certain exhibits to its response to a motion, including a privilege log. The Court will not rule upon the motion until at least fourteen (14) days after it is entered on the public docket to permit the filing of objections by interested parties.

Exhibits 130

Exhibits Discovery Privileged Communication Objections 130

E-Discovery LLC

AUGUST 21, 2024

Giant objected….”); Steamfitters Loc. Plaintiff sought discovery of video footage “of an interaction” with her former manager and security personnel who had allegedly forcibly removed her from defendant’s premises. at *7 (emphasis added). WHEN IS THE DUTY TO PRESERVE TRIGGERED? Plaintiff alleged spoliation. The Court applied Fed.R.Civ.P.

Evidence 130

Evidence Discovery Objections Litigation 130

E-Discovery LLC

AUGUST 22, 2024

Remington objected, and appealed, based on its long-standing, neutral document destruction policy. 663, 679 (2012); Robert Hardaway, et al. , “E-Discovery’s Threat to Civil Litigation: Reevaluating Rule 26 for the Digital Age,” 63 Rutgers L. Aldridge: Making the Spoliation Instruction A Litigation Unicorn,” 3 Tex.

Discovery 130

Discovery Litigation Evidence Objections 130

IP Watchdog

DECEMBER 5, 2021

Sadly, with that being the stated purpose, the creation of the PTAB can be objectively characterized as nothing other than an abysmal failure. What has evolved is anything but streamlined, and certainly not inexpensive, even compared with district court litigation.

Objections 124

Objections Litigation 124

IP Watchdog

SEPTEMBER 6, 2023

Months after invalidating patent claims undergirding one of the largest infringement verdicts ever entered in U.S. district court, the Patent Trial and Appeal Board (PTAB) recently received a round of briefing regarding potential sanctions against petitioner Patent Quality Assurance (PQA). Once accused by the U.S.

Discovery 69

Discovery Objections Witnesses Litigation 69

WA Bar News

JUNE 11, 2024

In this column, we’ll address a narrower, but more common, subset of deposition misconduct that the ABA opinion touches on: improper “coaching” during depositions and improper objections intended to impede the questioner. All objections shall be concise and must not suggest or coach answers from the deponent. Washington RPC 3.4(a)

Depositions 96

Depositions Witnesses Objections Discovery 96

Law Sites

FEBRUARY 29, 2024

” Lawyers tend to use traditional legal analytics products at the front end of a litigation, to help their clients determine whether it is worth investing in going forward with the case, he said. See all my coverage of the Thomson Reuters-ROSS litigation. They’re descriptive rather than explanatory.

Legal Research 344

Legal Research Litigation Legal Strategy Technology 344

E-Discovery LLC

SEPTEMBER 27, 2024

105.11; and (d) a provision permitting the Clerk to return to counsel or destroy any sealed material at the end of the litigation. The Court will not rule upon the motion until at least fourteen (14) days after it is entered on the public docket to permit the filing of objections by interested parties. Local Rule 105.11 Local Rule 105.11

Discovery 130

Discovery Pleadings Exhibits Objections 130

E-Discovery LLC

AUGUST 13, 2024

Defendant also explained that the retention policy is that when there is active notice of litigation, then from that point any video would be retained. Next, the undersigned specifically directed the parties to identify a timetable for completion of all discovery, including taking any depositions. ( 2024 WL 3690799 at *5.

Discovery 130

Discovery Depositions Interrogatories Objections 130

Complex Discovery

AUGUST 20, 2024

A Harvard Law graduate with more than 35 years of commercial litigation experience, Cohen serves as eDiscovery counsel and information governance counsel to some of the top companies in the world. He has also received a Law 2.0 His life is a non-stop adventure of trying to find better ways to solve problems. David Yerich, Esq.

Education 72

Education Discovery Litigation Technology 72

E-Discovery LLC

OCTOBER 17, 2024

It continued: “[D]eposing Mr. Nugent on conversations he had with the Town Supervisor would likely generate many privilege objections, as the attorney-client privilege could cover many of the topics the two discussed. emphasis added; citations and quotations omitted].

Discovery 130

Discovery Depositions Interrogatories Settlement Negotiations 130

The Cloud Court Blog

FEBRUARY 24, 2023

Now, Gibson is more than a tool; it’s a partner for any litigator that augments their ability to devise deposition strategies and tactics and improve outcomes. (We We say that it helps you with "Moneyballing" litigation by optimizing every iota of testimony data and performance data to drive better results. What’s the problem?”

Depositions 52

Depositions Cross-Examination Witnesses Litigation 52

Securities Docket

AUGUST 12, 2024

The August 6, 2024, report, entitled “Recent Trends in Securities Class Action Litigation: 2024 H1 Update,” can be found here. The number of merger objection lawsuits and suits involving unregistered crypto securities continued to decline in the first half of 2024, with only two suit filings in each of these categories.

Objections 40

Objections Litigation 40

Complex Discovery

OCTOBER 7, 2024

During this time, Novoa has performed civil and criminal investigations and provided litigation support and forensic analysis for seven years. He has regularly worked with ICAC, HTCIA IACIS, and other regional task forces supporting State Law Enforcement Division accounts and users in his most recent forensic leadership roles.

Education 73

Education Litigation Support Discovery Objections 73

Lawmatics

MARCH 1, 2023

Depositions are a critical tool for building a case, and as such, it is essential for attorneys of all skill levels to be well-versed in the various objections that can arise during the course of a deposition. While some objections are straightforward, others can be more nuanced and require a deep understanding of the legal system.

Depositions 130

Depositions Objections Witnesses Cross-Examination 130

Complex Discovery

JULY 12, 2024

Circuit Court of Appeals’ February decision that deemed AbbVie’s patent litigation against Perrigo a “sham.” The creditors’ committee underscores its commitment to mediation but insists on the right to pursue litigation if talks fail. The controversy centers around the 3rd U.S.

Pharmaceuticals 89

Pharmaceuticals Settlement Negotiations Mediation Litigation 89

E-Discovery LLC

JUNE 25, 2024

1] __ [1] The court addressed boilerplate objections in detail, id. It addressed responses to requests for admission and the need for specific objections to document requests. The Norcold court addressed a number of other issues. [1] at *5-6, passim , as well as contention interrogatories, id. at *6, among other issues.

Discovery 130

Discovery Exhibits Interrogatories Objections 130

IP Watchdog

APRIL 7, 2022

A normal week at the Patent Trial and Appeal Board and a heavy week in the district courts saw 100 new patent complaints filed and 30 petitions before the Board; there were 79 district court terminations as well, as cases settled quickly and a number of withdrawals or refilings continue in and out of the Western District of Texas.

Automotive 103

Automotive Healthcare Objections Litigation 103

Jury Analyst

JULY 6, 2023

As much as we would like to believe that the immense responsibility of deciding someone’s legal fate would ensure that jurors remain objective and free of bias, this idealistic expectation conflicts with the psychological reality of decision-making. Law and Human Behavior , 39 (3), 294-310.

Jury Selection 40

Jury Selection Litigation Jury Deliberation Evidence 40

E-Discovery LLC

JULY 6, 2024

For example, Sedona suggested that: “Bogging down requests for specific documents with the ‘any and all’ preamble usually serves to draw objections and delay production.” See Requests for “Any and All” Documents Are Obsolete.

Interrogatories 130

Interrogatories Discovery Objections Litigation 130

IP Watchdog

OCTOBER 5, 2023

While the Plaintiffs acknowledge in their complaint that Artificial Intelligence (AI) has the potential to create life-saving technologies and herald discoveries that could improve our daily lives, they claim OpenAI crossed the line of using altruistic means of reaching its objective when it abruptly restructured itself into a for-profit business.

Cross-Complaint 118

Cross-Complaint Objections Discovery Technology 118