News & Analysis as of

Expert Testimony Appeals Appellate Courts

A&O Shearman

Evidence Exclusion And Daubert Motion Denials Must Be Supported By Valid Legal Rule And Reasoning; Damage Calculation Must Account...

A&O Shearman on

In Jiaxing Super Lighting Elec. Appliance, Co. v. CH Lighting Tech. Co., Ltd, the Court of Appeals for the Federal Circuit reviewed the judgment in a patent infringement case involving three patents owned by Jiaxing Super...more

Hudnell Law Group

Federal Circuit Enforces Gatekeeping Role in Patent Damages Testimony

Hudnell Law Group on

On May 21, 2025, the United States Court of Appeals for the Federal Circuit, sitting en banc, reversed a $20 million damages award against Google LLC in a patent infringement dispute with EcoFactor, Inc. EcoFactor, Inc. v....more

Knobbe Martens

Running in Place: When a Running Royalty Is Actually a Lump Sum License

Knobbe Martens on

ECOFACTOR, INC. V. GOOGLE LLC - Before the en banc court, Moore, Lourie, Dyk, Prost, Reyna, Taranto, Chen, Hughes, Stoll, and Stark. Appeal from the United States District Court for the Western District of Texas. A district...more

White & Case LLP

Federal Circuit Tightens Standard for Patent Damages Experts

White & Case LLP on

On May 21, 2025, the Federal Circuit issued an en banc decision in EcoFactor, Inc. v. Google LLC, highlighting the critical gatekeeping role of district courts under Federal Rule of Evidence 702 and Daubert standards,...more

Faegre Drinker Biddle & Reath LLP

Fifth Circuit Clouds Threshold Dose Analysis in Ruffin v. BP

Plaintiffs in toxic tort cases must prove both general and specific causation, generally through the testimony of experts. Experts must establish that a specific chemical exposure can (and did) cause the specific injury at...more

Sterne, Kessler, Goldstein & Fox P.L.L.C.

Federal Circuit in EcoFactor, Inc. v. Google LLC Probes the Limits for Gatekeeping Damages Testimony

Last week, in EcoFactor, Inc. v. Google LLC, the Federal Circuit issued its first en banc decision in a utility patent case in several years. The case involves the gatekeeping function of district courts vis-à-vis expert...more

Maron Marvel

Mass and Toxic Tort Case Update - Asbestos

Maron Marvel on

Maffei v. A.O. Smith Water Prods. Co. (In re N.Y.C. Asbestos Litigation), 2025 N.Y. Slip Op. 1425 (N.Y. App. Div. 2025) - Valuing asbestos cases can sometimes be complicated but on March 13th, 2025, the NY Appellate Court...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

Sterne, Kessler, Goldstein & Fox P.L.L.C.

2024 Federal Circuit IP Appeals: Summaries of Key 2024 Decisions

2024 brought exciting developments at the Federal Circuit. The court issued its first en banc decision in a patent case in five years in LKQ, which significantly altered the standard for proving obviousness of a design...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

Blank Rome LLP

New Jersey Appellate Division Makes Clear Experts Must Demonstrate a Scientifically Recognized Methodology

Blank Rome LLP on

Recently, the New Jersey Appellate Division, in Dorrell v. Woodruff Energy, Inc., vacated a 2018 judgment against Chevron U.S.A., Inc. (“Chevron”) that had found Chevron liable for gasoline contamination. More specifically,...more

Fox Rothschild LLP

Decision to Forgo Interview of Special Needs Child in Custody Determination Affirmed

Fox Rothschild LLP on

Under the New Jersey Court Rules, a trial judge presiding over a custody hearing is free to conduct an in-camera interview with the children whose custody is at issue, whether on the judge’s own accord or upon a party’s...more

Marshall Dennehey

Key New Jersey Appellate Win Secured in Legal Malpractice Action

Marshall Dennehey on

A decision impacting the defense of such actions from damages claims by new businesses - In an Appellate decision impacting the defense of legal malpractice actions arising out of claims for damages by new businesses, Jack...more

Carlton Fields

Florida Appeals Court Decisions: Week of December 16-20, 2024

Carlton Fields on

U.S. Eleventh Circuit Court of Appeals - NLRB v. ArrMaz Products - collective bargaining, election - Lubin v. Starbucks - class action, ERISA, arbitration - USA v. Ogiekpolor - speedy trial...more

Carlton Fields

Florida Appeals Court Decisions: Week of December 9-13, 2024

Carlton Fields on

U.S. Eleventh Circuit Court of Appeals - USA v. Armstrong - sentencing - MH v. Omegle.com - online sex trafficking, Marsha’s Law, FOSTA...more

Carlton Fields

Florida Appeals Court Decisions: Week of December 2-6, 2024

Carlton Fields on

U.S. Eleventh Circuit Court of Appeals - USA v. Simmons - playing video in closings - Nehme v. Fla Int’l Univ Bd of Trustees - ADA, medical school - USA v. Graham - RICO saga, search and seizure, jury selection,...more

Fox Rothschild LLP

What Rulings Should You Include in a Notice of Appeal?

Fox Rothschild LLP on

For both civil and criminal appeals, the North Carolina Rules of Appellate Procedure require an appealing party who is filing a written notice of appeal to identify “the judgment or order from which appeal is taken.”...more

Hinshaw & Culbertson - Health Care

Expert Demonstrations Must Meet Substantially Similar Standard: Hinshaw's Annual Guide to Key Illinois Medical Malpractice...

Must an expert's demonstration be made under substantially similar conditions and circumstances as those which surrounded the occurrence? Can an expert opine regarding the permanency of injuries without recent medical data? ...more

18 Results
 / 
View per page
Page: of 1

"My best business intelligence, in one easy email…"

Your first step to building a free, personalized, morning email brief covering pertinent authors and topics on JD Supra:
*By using the service, you signify your acceptance of JD Supra's Privacy Policy.
- hide
- hide