| 2007
BullsEye Articles |
For Ronald Katz, Patent Litigation Pays Billions
Ronald A. Katz once predicted that he would someday become
the wealthiest patent holder ever. By most estimates, he has achieved that
goal – or will soon. |
12-07 |
Daubert
Ruling Could Severely Curtail Celebrex Cases
A federal judge's decision to exclude expert testimony hmay force hundreds of plaintiffs to drop their claims against Pfizer Inc. that the anti-inflammatory drug Celebrex caused them to suffer heart attacks or strokes. |
12-07 |
Patent
Malpractice Belongs in Federal Court
Malpractice claims against patent lawyers must be brought in federal court, the U.S. Court of Appeals for the Federal Circuit has ruled in two conpanion cases of first impression. |
11-07 |
The
$70B Mortgage Meltdown: What it Means for Lawyers
On Nov. 9, 2007, IMS ExpertServices™ hosted a panel discussion focusing on the legal and litigation issues arising out of of the subprime mortgage meltdown. |
11-07 |
Most
Daubert Motions Require Hearings, Court Rules
Courts must provide litigants with an opportunity to be
heard before ruling on the admissibility of expert testimony
– and in all but exceptional cases that requires courts to hold
hearings with full briefing and argument, the Supreme Court of Mississippi
ruled in an en banc opinion issued October 4th. |
10-07 |
Do
Dueling Experts Preclude Summary Judgment?
It is a common litigation scenario: One side's expert says one thing while the other side's says just the opposite. |
10-07 |
Supreme Court to Reshape Landscape of Patent Law
It is déjà vu all over again, as the
Supreme Court once again has agreed to review a controversial patent
ruling of the Federal Circuit Court of Appeals. |
10-07 |
Assessing
the Impact of Seagate
A panel of lawyers convened by teleconference on
Sept. 6, 2007, for a discussion of the significance and impact
of the August 20th en banc decision of the Federal Circuit
Court of Appeals, In re Seagate Technology. |
9-07 |
Ruling
Endangers Expert Confidentiality
A federal court in California has ordered an expert witness in a patent case to be deposed about a non-party's trade secrets; secrets the expert learned while consulting for the company in an earlier case and agreed not to disclose. |
9-07 |
Judge
Overturns Record $1.5 Billion Patent Verdict
Expert testimony proved to be the linchpin in a federal
judge's Aug. 6th decision to set aside the largest-ever damages award
in a U.S. patent case. |
8-07 |
CAFC:
Infringement Not Proven in Marketing Materials
Expert testimony based largely on the opponents' marketing
and advertising materials provided no proof of infringement of stem-cell
patents and should have been excluded from trial, a divided three-judge
panel of the Federal Circuit Court of Appeals ruled June 9th. |
7-07 |
Guide
to Current Patent Reform Legislation
Legislation that would dramatically overhaul U.S.
patent law appears to be on a fast track in Congress, with Senators
Patrick Leahy (D-Vermont) and Orrin Hatch (R-Utah) leading the
charge. |
7-07 |
Court
Erred in Disregarding Patent Expert
The Federal Circuit Court of Appeals ruled June
18th that a federal court in a patent dispute was wrong to disregard
expert testimony and grant summary judgment upholding two patents. |
7-07 |
IMS
Launches Case Study Search Function
A tool that enables lawyers to search a database
of case studies and related expert descriptions was launched
this month by IMS ExpertServices as part of its expanding website
devoted to the retention and use of expert witnesses. |
7-07 |
How
to Vet an Expert
Experts, sad to say, are not always honest about
their credentials, as several recent news items confirm. |
6-07 |
No
Rule 26 Right to Daubert Costs
A federal discovery rule requiring an opposing
party to pay expert-related fees and expenses does not apply
to pretrial Daubert hearings, the 5th U.S. Circuit Court
of Appeals has ruled. |
6-07 |
Ethics
Ruling OK's Lawyer as Expert
When a lawyer testifies as an expert witness on a
party's behalf, is an attorney-client relationship created? |
5-07 |
Failure
to Prepare Report Ruled 'Harmless'
In what appears to be a case of first impression, the 7th U.S.
Circuit Court of Appeals has ruled that two experts were not
barred from testifying by their failure to prepare or sign
their own reports, as required by the Federal Rules of Civil
Procedure. |
5-07 |
In
an Expert, Knowledge May Not Equal Power
Just because an expert strikes you as the brightest guy on
the planet, that doesn't mean he is the best witness for your
case, says Roderick B. Williams, an intellectual property partner
with Vinson &
Elkins in Austin, Texas. |
5-07 |
Law
Firm Ordered To Pay Expert $11M
A prominent lawyer’s suit against an expert
witness backfired, when the expert won an $11 million verdict
against his firm for malicious prosecution. |
4-07 |
A
Golden Rule for Hiring an Expert
When hiring an expert, the most important quality to look for
is someone who presents well, litigator Christopher A. Riley
believes. |
4-07 |
Defendant's
Experts Help Make Plaintiff's Case
Expert witness opinion of patent infringement, offered by a patent
owner during licensing negotiations, proved to be key evidence in establishing
an "actual controversy" sufficient to allow the alleged infringer
to bring a declaratory judgment action in federal court, the Federal Circuit
Court of Appeals said in a March 26 opinion. |
4-07 |
Supreme
Court Limits Antitrust Suits
In a victory for major U.S. companies, a unanimous Supreme Court has set a strict
standard of proof for cases alleging predatory bidding in violation of federal
antitrust law. |
3-07 |
An
Expert's Escapade, a Cautionary Tale
Call it the case of the renegade expert. A federal judge's
78-page order enjoining an expert involved in Zyprexa
mass-tort litigation from releasing documents serves
as a cautionary tale for any lawyer operating under a
judicial gag order. |
3-07 |
In
an Expert, Passion Equals Credibility
Credibility is a key attribute in an expert witness,
every trial lawyer would agree. But how do you gauge
a potential expert's credibility? |
3-07 |
Trade
Secrets Experts: Two Circuits, Two Outcomes
Two recent rulings from federal circuit courts reviewing expert testimony in
trade secrets cases reached very different results, with one circuit upholding
admission of the testimony and the other finding that the testimony was sufficiently
harmful to require a new trial. |
2-07 |
Patent
Ruling Turns an 'About' Face
What is the meaning of the word about when used
in a patent? The Federal Circuit Court of Appeals confronted
that elusive question in a recent dispute between two
pharmaceutical manufacturers and expert testimony proved
important in finding the answer. |
2-07 |
Before
Hiring an Expert, Do Your Homework
Ask Jenner & Block partner Howard S. Suskin to sum up his
advice on selecting an expert and he answers without hesitation: “Do
your homework.” |
2-07 |
Expert
Proves Key to Lifting Injunction
Expert opinion proved to be the key to vacating a preliminary injunction
in a design-patent case recently decided by the Federal Circuit
Court of Appeals. |
1-07 |
Never
Ask Your Client for an Expert
When
IP lawyer John P. Hutchins needs a referral to an expert witness,
there is one source he always avoids – clients –
and another he solicits only warily – law partners. |
1-07 |
, or to speak to a representative now about any of our expert
witness and litigation consultant search services,
Our Contact :