What 'Originalist' Viewpoints May Mean for Patent Law
May 02, 2017
The landscape for patent law has changed more quickly over the last five years than it had in preceding decades. Recent cases have profoundly changed the way courts and the USPTO treat patents and patent applications. The U.S. Supreme Court will have ample opportunity, if it chooses, to revisit the issues that have been raised by these cases over the next few terms.
IP News
May 02, 2017
District Court's Decision Retroactively Excusing Failure to Mark Patented Products Vacated By Federal Circuit<br>Federal Circuit Affirms PTAB's Unpatentability Findings Made In an IPR Proceeding Despite Prior Judicial Opinions Upholding Validity
Creating a Legal Event Team
May 02, 2017
<b><I>The Key to Efficient and Effective Corporate e-Discovery</I></b><p>The best way to create a successful business process is to start by identifying the people who are key to both creating and managing that process, and then bringing those people together to do just that. This is especially true when it comes to disaster recovery, business continuity, data breach detection and response.
Do <i>Daubert</i> Motions Really Work?
April 02, 2017
<b><i>Part One of a Three-Part Article</b></i><p>Among the concerns commonly expressed by the trial bar is the perception that so-called Daubert motions are a long shot at best, often not worth the time and effort. Two recent studies shed new light on these attitudes.
<b><i>Daubert</i></b> Motions Really Do Work
April 02, 2017
<b><I>Part One of a Two-Part Article</I></b><p>The starting point for any successful challenge under Federal Rules of Evidence (FRE) 702 and <I<Daubert</I> is the form and content of the witness's disclosure under Federal Rules of Civil Procedure (FRCP) 26(a)(2). Here's why.
Class Certification
April 02, 2017
<b><I>Will Gorsuch Pick Up Where Scalia Left Off?</I></b><p>For two decades leading up to Justice Antonin Scalia's death, the U.S. Supreme Court's class certification jurisprudence took shape as a dialogue between Justices Scalia and Ruth Bader Ginsburg over the commonality and predominance requirements of Federal Rule of Civil Procedure 23(a)(2) and (b)(3), respectively. Will this continue if Gorsuch is confirmed to the Court?
Class Certification
April 02, 2017
<b><i>Will Gorsuch Pick Up Where Scalia Left Off?</b></i><p>"Is my client a potential member in a class-action lawsuit against a pharmaceuticals manufacturer?" The answers can get complicated, especially when the legal landscape is in flux, as it is now as we await the appointment of a new Supreme Court justice. What should we expect?