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Mintz - Intellectual Property Viewpoints

Split Federal Circuit Decision Emphasizes Need for Skilled Counsel

Mintz - Intellectual Property Viewpoints on

Complex damages analyses require skilled professionals who understand the law and facts of each case to navigate to success. The Federal Circuit’s recent en banc ruling in EcoFactor v. Google reiterates that point. The...more

Robinson Bradshaw

Old Dogs and New Tricks: Supreme Court Denies Certiorari in Ninth Circuit Case Allowing Reliance on Inadmissible Expert Work for...

Robinson Bradshaw on

Earlier this month, the Supreme Court declined to hear an appeal from the Ninth Circuit’s decision in Lytle v. Nutramax Laboratories, Inc. affirming the certification of a class of owners of elderly dogs, alleging that the...more

Vorys, Sater, Seymour and Pease LLP

The Precedent: The Federal Circuit Remands and Reassigns District Court Patent Infringement Case to a New Judge

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In this edition of The Precedent, we outline the decision in Trudell Medical International Inc. v. D R Burton Healthcare LLC. The U.S. Court of Appeals for the Federal Circuit recently affirmed in part, reversed in part and...more

Baker Botts L.L.P.

The Federal Circuit Tackles the Role of Expert Opinions in Patent Damages in EcoFactor Inc. v. Google, LLC

Baker Botts L.L.P. on

The Federal Circuit rarely decides cases en banc. For example, in 2024, the Court only heard one en banc case. Stunningly, on September 25, 2024, the Federal Circuit granted Google’s petition for rehearing en banc in the case...more

Knobbe Martens

New Trial Granted Because “Nearly All” of the Defendant’s Noninfringement Evidence Was Untimely

Knobbe Martens on

The district court erred by admitting untimely expert testimony on noninfringement and by refusing to grant a new trial after the jury found noninfringement. Trudell Medical International (“Trudell”) sued D R Burton...more

Montgomery McCracken

Recent Third Circuit Opinion Reinforces That Daubert Requires Courts to Examine the Data Underlying an Expert’s Analysis

Montgomery McCracken on

February 11, 2025 Types : Alerts Meta Platforms, Inc. recently defeated certification of a class of consumers who claim the company lied about its user privacy safeguards and violated antitrust laws. ...more

Jenner & Block

Client Alert: Fifth Circuit Guidance for Newly-Offered Expert Opinions and the Concurrent Causation Doctrine in Insurance Coverage...

Jenner & Block on

The United States Court of Appeals for the Fifth Circuit’s recent opinion in Majestic Oil, Inc. v. Certain Underwriters at Lloyd's, London Subscribing to Policy Number W1B527170201, No. 21-20542 (5th Cir. Mar. 17, 2023),...more

Faegre Drinker Biddle & Reath LLP

It’s not what happened, but why: First Circuit rejects conclusory, unsupported expert opinions

Faegre Drinker Biddle & Reath LLP on

It is not uncommon for an opposing expert to opine that the existence of injury alone implies negligence, nor is it unusual to find that such opinions are supported only by general reliance on “literature” with no discernible...more

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