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Judge Michel Implores Full CAFC to Fix ‘Fuzzy’ Rebuttable Presumption of Nexus Jurisprudence

IP Watchdog

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

Rebuttal 119
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Neurosurgeon Backing Judge Newman Defends Report Against CAFC Committee Criticisms

IP Watchdog

Filler, MD, PhD, JD, the unpaid expert who said he reached out proactively to conduct testing on Judge Pauline Newman pro bono in order to help resolve the impasse between Judge Newman and the Judicial Council, has filed a rebuttal to criticisms of his September 2024 report confirming Newman is fit to serve on the U.S.

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Zaxcom Asks Full Federal Circuit to Clarify Court-Created Confusion on Presumption of Nexus

IP Watchdog

2019), “confused the law” regarding a rebuttable presumption of nexus. Now, Zaxcom has petitioned the court for rehearing en banc, arguing that the CAFC’s precedent in Fox Factory, Inc. SRAM LLC, 944 F.3d 3d 1366 (Fed.

Rebuttal 105
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Coons, Cotton Reintroduce RESTORE Act on Injunctive Relief

IP Watchdog

Senators Chris Coons (D-DE) and Tom Cotton (R-AR) today introduced the Realizing Engineering, Science, and Technology Opportunities by Restoring Exclusive (RESTORE) Patent Rights Act of 2025, which would restore patent owners right to the rebuttable presumption that a court will issue an injunction upon a finding of patent infringement.

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“Self Help” Discovery Results in Striking of Wrongfully Obtained Evidence

E-Discovery LLC

It wrote: Pursuant to its inherent authority, the Court will strike the improperly used material from the pleadings, and Campbell will be barred from using it as evidence in this litigation, except for purposes of rebuttal or impeachment. The sanction applied to all wrongfully obtained information, even if it would otherwise be discoverable.

Evidence 130
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Amendments to CR 26 and 30 Will Change Discovery and Deposition Practice

WA Bar News

(ii) Unless these rules impose an earlier deadline, and in no event later than the deadline for primary or rebuttal expert witness disclosures imposed by a case schedule or court order, each party shall identify each person whom that party expects to call as a primary or rebuttal expert witness at trial, state the subject matter on which the expert (..)

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Non-testifying consultants: Does attorney-client privilege apply?

Forensic Psychologist

After the trial judge permitted prosecutors to subpoena their records, the defense was forced to call the two as witnesses in order to keep the prosecution from calling them as rebuttal witnesses. The Georgia Supreme Court ruling is HERE. My prior blog post on the case is HERE. A Fordham Law Review article on this topic is HERE.