News & Analysis as of

Oral Argument Expert Testimony

Goldberg Segalla

Defendant’s Motion for Summary Judgment Denied by Louisiana Federal District Court

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United States District Court for the Western District of Louisiana, Shreveport Division - In this asbestos action, plaintiff Reginald Short alleged asbestos exposure from, among other things, asbestos-containing shipping...more

Holland & Hart - Your Trial Message

More Arguments Aren’t Always Better: Know the Reduced Average Effect

Imagine an attorney going over her notes before oral argument. She already has a solid set of reasons lined up and then decides to add one more argument that has been a little controversial within the team: some like it, but...more

Stevens & Lee

Thinking Appellate Reconsideration? Remember A Few Good Men

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During the trial in the 1992 film A Few Good Men, Lt. Commander Joanne Galloway (played by Demi Moore) lodges a “strenuous” objection to expert witness testimony. The presiding judge, Col. Julius Randolph (portrayed by J.A....more

Carlton Fields

The Game of Forfeiture: Fumbling the Ball and How the Court May Recover It

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In the spirit of the upcoming Super Bowl, it is important to keep in mind certain rules of play regarding forfeiture of arguments in federal courts of appeals. The Tenth Circuit reiterated two such rules in recent opinions....more

Jones Day

PTAB Grants Rare Request For Live Witness Testimony In IPR

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While PTAB proceedings are ordinarily decided “on the papers,” in certain rare cases the Board will permit live witness testimony at the oral hearing. The Board’s precedential decision in K-40 v. Escort explains that...more

McDermott Will & Emery

PTAB Clarifies when Live Testimony at Oral Argument Is Permitted, and Motion to Amend Practice

The Patent Trial and Appeal Board (PTAB) designated as precedential four decisions addressing America Invents Act proceedings and issues of live testimony at oral argument and motions to amend under 35 USC § 316(d)....more

Jones Day

Precedential: Live Testimony Not Permitted Absent Prior Declaration

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In a recent decision that the PTAB designated as precedential, the Board denied a patent owner’s request to provide live testimony from the inventor of the challenged patent at the oral hearing. In DePuy Synthes Products,...more

Jones Day

Precedential Opinion Provides Factors For Deciding Whether To Allow Live Testimony

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Generally, the PTAB does not allow live testimony at oral argument, but recently it designated one of its 2014 decisions as precedential to give guidance as to when the Board will allow live testimony at oral argument. K-40...more

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