Jury Analyst

MAY 15, 2023

However, there are some who remain skeptical about the idea of applying empirical methods to litigation. That history garners a respect for how things have always been done and can lead to a belief that precedent should guide current legal practice rather than scientific research. The legal profession has a long history and tradition.

Litigation 40

Litigation Objections Evidence Jury Selection 40

IP Watchdog

JANUARY 15, 2023

Udupa, whose appointment was announced in December, comes to the USPTO after serving the last seven years as the head of litigation for Hewlett Packard Enterprise, where she was responsible for heading HPE’s intellectual property litigation and formulating case strategies.

Precedent 115

Precedent Litigation 115

E-Discovery LLC

JUNE 1, 2024

21, 2022), it addressed a novel issue and I wrote that: “In my view, the only error was that the appellate court did not publish its opinion so that it would be precedent.” states: “The Appellate Court shall designate for reporting only those opinions that are of substantial interest as precedents.” What is an “Unreported” Opinion?

Precedent 130

Precedent Discovery Admissibility Litigation 130

IP Watchdog

JULY 15, 2024

While obviousness-type double patenting (ODP) has a long history, Supreme Court precedent and common sense make it clear that the time has come to put ODP to rest. The original rationale for it has long passed, and it is a judicially-created exception to the patent statute that cannot stand.

Precedent 111

Precedent Litigation 111

SW&L Attorneys Blog

OCTOBER 5, 2024

Conclusion This new landmark decision marks a significant shift in administrative law, emphasizing judicial independence in statutory interpretation and ending a long-standing precedent that had shaped regulatory practices for decades.

Precedent 67

Precedent Litigation 67

IP Watchdog

JANUARY 10, 2022

In mid-November, consumer tech giant Apple filed a petition for writ of certiorari asking the U.S. Supreme Court to review the Federal Circuit’s decision to dismiss Apple’s appeal of unsuccessful inter partes review (IPR) challenges to the validity of several patents owned by Qualcomm.

Precedent 105

Precedent Litigation Technology 105

Complex Discovery

OCTOBER 11, 2024

meatpacking industry’s ‘Big Four’—Tyson, JBS, Cargill, and National Beef—marks a significant moment in antitrust litigation, with serious implications for both corporate governance and market competition. seeks a jury trial that could set a transformative precedent in antitrust adjudication. meatpacking industry.

Government and Public Sector 94

Government and Public Sector Admissibility Litigation Precedent 94

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

Lawmatics

OCTOBER 12, 2023

Predictive Analytics AI can predict case outcomes based on historical data and legal precedents to help lawyers and clients make more informed decisions about litigation strategies, settlement negotiations, and risk assessment.

Technology 147

Technology Settlement Negotiations Legal Research Legal Precedent 147

IP Watchdog

JANUARY 12, 2022

In one decision, the Supreme Court will wax poetically about the need to adhere to precedent, and citing stare decisis, and then overrule well-established, 30-year-old Supreme Court precedent. The whim and fancy – and intellectual dishonesty – of the Supreme Court knows no bounds when it comes to patent law.

Precedent 131

Precedent Technology Litigation 131

Complex Discovery

JULY 12, 2024

Circuit Court of Appeals’ February decision that deemed AbbVie’s patent litigation against Perrigo a “sham.” AbbVie vehemently denies wrongdoing and argues that the decision sets a dangerous precedent that could undermine attorney-client privilege across the board.

Pharmaceuticals 89

Pharmaceuticals Settlement Negotiations Mediation Litigation 89

Complex Discovery

JUNE 24, 2024

The DMA offers European officials unprecedented authority to mandate changes in the business operations of major online platforms, bypassing the lengthy antitrust litigation process. The Commission’s dual role as both investigator and enforcer of the DMA sets a powerful precedent for regulating multinational tech companies.

Precedent 88

Precedent Technology Litigation 88

Practice of Law

SEPTEMBER 13, 2024

While an interesting legal question, the 11th Circuit had precedent directly on point, so it was a short opinion. As the 11th Circuit panel noted, federal appellate courts cannot overturn their own precedent unless the full court is sitting for the case, known as en banc review. If So, Do Lawyers Need to Disclose Its Use?

Precedent 45

Precedent Objections Litigation 45

IP Watchdog

APRIL 25, 2023

Patent and Trademark Office (USPTO) violated Supreme Court precedent by ruling the patent application ineligible under the Alice/Mayo test. Court of Appeals for the Federal Circuit (CAFC) affirmed the ruling in August 2022. In the petition, Killian claims that the U.S.

Precedent 114

Precedent Litigation 114

IP Watchdog

FEBRUARY 11, 2024

The Federal Circuit reversed the PTAB on claim construction and also found that the Board misapplied CAFC precedent on the level of public dissemination required before printed publications can qualify as prior art. Provisur Technologies, Inc.

Construction 72

Construction Precedent Technology Litigation 72

Lawmatics

NOVEMBER 7, 2023

AI helps legal professionals find relevant case law, statutes, and precedents by searching and summarizing vast legal databases. Predicting legal outcomes can be very valuable since it allows an attorney to decide whether to take a case, how much to invest in experts, or whether to advise clients to settle or litigate. Legal research.

Legal Research 147

Legal Research Depositions Precedent Legal Strategy 147

The 10b-5 Daily

JULY 3, 2023

Supreme Court issues a securities litigation opinion, it rarely is having the last word on the subject. June 13, 2023) – addressed two questions about how to apply Court precedent in this area. When the U.S. Lower courts still have to interpret and apply the Court’s holding. Last month, a decision from the U.S.

Pleadings 100

Pleadings Precedent Evidence Litigation 100

Attorney at Work

JULY 22, 2021

Jackie Schafer: I started out as a litigator at Paul Weiss, but spent most of my career in public service as an assistant attorney general, where I was regularly briefing and arguing cases before the state appellate courts in Alaska and Washington state. That amount of help for a small firm dealing with massive litigation is so important.

Legal Arguments 246

Legal Arguments Evidence Legal Precedent Technology 246

IP Watchdog

MAY 21, 2024

The decision also said the Supreme Court’s precedent in KSR v. Teleflex favors a more flexible approach than Rosen-Durling.

Precedent 59

Precedent Litigation Technology 59

IP Watchdog

APRIL 3, 2022

Zaxcom argued that the CAFC’s precedent in Fox Factory, Inc. Court of Appeals for the Federal Circuit (CAFC) for rehearing en banc after the court found its original patent claims unpatentable as obvious. SRAM LLC, 944 F.3d 3d 1366 (Fed. 2019), “confused the law” regarding a rebuttable presumption of nexus.

Rebuttal 119

Rebuttal Precedent Technology Litigation 119

IP Watchdog

APRIL 6, 2023

Judge Newman dissented, arguing the ruling “contravenes the Copyright Act and departs from the long-established precedent and practice of copyrightability of computer programs” and that it represents a “far-reaching change.” failed to establish copyrightability of its asserted software program elements.

Precedent 75

Precedent Litigation Technology 75

The 10b-5 Daily

APRIL 20, 2023

The district court did not find those decisions persuasive, noting that they appeared to rely on an overly restrictive reading of Supreme Court precedent. If the privately held business makes material misstatements that affect the SPAC’s stock price prior to the merger, can that company and its officers be liable for securities fraud?

Manufacturing 100

Manufacturing Precedent Litigation 100

IP Watchdog

JANUARY 10, 2024

Notwithstanding this transcendental precedent, Judge Rodney Gilstrap recently declined to extend such a notion to patents subject to Fair, Reasonable and Non-Discriminatory (FRAND) licensing related obligations.

Precedent 52

Precedent Technology Litigation 52

IP Watchdog

APRIL 17, 2023

As we stand here today, we have no precedents, case law or customs as to what those procedures will be.” He stressed that it is an amalgam of existing procedures: “In the UPC those procedures will surely come to have their own character and usage.

Precedent 86

Precedent Case Law Litigation 86

IP Watchdog

FEBRUARY 12, 2024

district court determined that most of Judge Newman’s requested relief was foreclosed by legal precedent limiting constitutional challenges to the Judicial Conduct and Disability (JC&D) Act. Despite acknowledging that all of the recent complaints against Judge Newman’s mental fitness continue to be unsubstantiated, the D.C.

Legal Precedent 64

Legal Precedent Precedent Litigation 64

IP Watchdog

MARCH 20, 2022

Now, Zaxcom has petitioned the court for rehearing en banc, arguing that the CAFC’s precedent in Fox Factory, Inc. 9,336,307 for Engineering Emmy® and technical OSCAR award-winning wireless microphone technology were unpatentable as obvious, but upheld the substitute claims Zaxcom had proposed. SRAM LLC, 944 F.3d 3d 1366 (Fed.

Rebuttal 105

Rebuttal Precedent Technology Litigation 105

IP Watchdog

APRIL 11, 2024

The CAFC also affirmed an order of the district court that instructed the Food and Drug Administration (FDA) that the effective approval date of generic company Norwich’s Abbreviated New Drug Application (ANDA) may not precede the expiration dates of the claims of three other Salix patents that were found to be valid and infringed by Norwich.

Pharmaceuticals 59

Pharmaceuticals Precedent Litigation 59

IP Watchdog

MARCH 11, 2024

district court determined that most of Judge Newman’s requested relief was foreclosed by legal precedent limiting constitutional challenges to the Judicial Conduct and Disability (JC&D) Act. Despite acknowledging that all of the recent complaints against Newman’s mental fitness continue to be unsubstantiated, the D.C.

Legal Precedent 64

Legal Precedent Precedent Litigation 64

IP Watchdog

NOVEMBER 11, 2021

Under Ninth Circuit precedent, web hosting services like Cloudflare can be held contributorily liable for assisting in the infringement under the material contribution theory. However, a recent district court decision misconstrued the case law to conclude otherwise in Mon Cheri v.

Precedent 138

Precedent Case Law Litigation 138

IP Watchdog

NOVEMBER 13, 2021

Patent and Trademark Office (USPTO) in asserting that it had substantially exclusive use of the mark GALPERTI in the five years preceding its registration. Court of Appeals for the Federal Circuit (CAFC) on Friday, November 12, vacated and remanded a decision of the Trademark Trial and Appeal Board (TTAB) that had found Galperti S.r.l

Precedent 119

Precedent Litigation 119

WA Bar News

JULY 10, 2024

PURPOSE OF ANTI-SLAPP LAWS The purpose of anti-SLAPP laws is to prevent litigants from suing and threatening suit as a means of stifling speech on issues of public concern. She is an experienced litigator and legal advisor who counsels clients in high-stakes First Amendment, Public Records Act, and general business litigation.

Discovery 88

Discovery Pleadings Cross-Complaint Litigation 88

IP Watchdog

JANUARY 4, 2022

Chief Judge Moore dissented, arguing that the district court’s analysis was inconsistent with the CAFC’s established precedent. mg without an immediately preceding loading dose.”.

Precedent 59

Precedent Litigation 59

IP Watchdog

NOVEMBER 2, 2021

Court of Appeals for the Federal Circuit (CAFC) accusing the United States Patent and Trademark Office (USPTO) and its management of facilitating the appearance of bias at the Trademark Trial and Appeal Board (TTAB) in favor of Apple, Inc., Apple has now filed its opposition to that motion.

Precedent 115

Precedent Litigation 115

Destination Articles Blog

OCTOBER 15, 2024

Arguments and Analysis Each argument should be presented and supported with appropriate legal precedents and statutory references. Deepen your understanding by familiarizing yourself with relevant legal precedents and statutes. This segment guides the reader through the subsequent legal analysis and supports structured legal reasoning.

Education 52

Education Pleadings Legal Precedent Objections 52

Practice of Law

JULY 19, 2024

In addition, the Court could not find precedent to support a charge of harassment for merely annoying behavior, as Mr. Martinez had shown. Martinez argued that the motivations behind Saenz’s lawsuit had nothing to do with his behavior but to keep him from litigating a specific case.

Evidence 40

Evidence Depositions Precedent Litigation 40

Complex Discovery

JULY 1, 2024

The ongoing litigation between music industry titans and AI firms like Suno and Udio could set critical precedents for how copyrighted material is protected and used in the AI era. As the courts grapple with these complex issues, the outcomes will likely shape the future of both the music and AI industries.

Technology 91

Technology Precedent Litigation 91

Legally Speaking

JUNE 25, 2023

Well, picture this: when conflicts arise in the world of construction, someone swoops in like a legal superhero, armed with a toolbox of litigation, arbitration, mediation, and adjudication skills. One of his most famous cases precedes the House of Lords. You might be wondering, what exactly does a construction disputes partner do?

Construction 40

Construction Arbitration Mediation Precedent 40