Can a trademark counterfeiting and infringement plaintiff elect statutory damages instead of actual damages under the Lanham Act and still receive attorney’s fees? Continue reading »
One can hardly check the daily news feed from their favorite syndicators without encountering yet another high profile intellectual property headline. Whether it’s a breaking story about the NFL cracking down on counterfeiters, or the April 18th U.S. Supreme Court ruling regarding a dissatisfied patent applicant’s ability to introduce new evidence, intellectual property related lawsuits dominate headlines.
We decided to count down our top 4 most intriguing and attention-grabbing intellectual property cases thus far in 2012. Continue reading »
Lawyers are always on the lookout for grounds to challenge their opponents’ expert witnesses. Imagine if those very experts would help you find their Achilles’ heels, sending up red flags that alerted you to their vulnerabilities. Well, maybe they already do. All you need is to know what to look for. Continue reading »
Apr 172012
Apple’s intelligent personal assistant Siri is creating quite a frenzy lately, but perhaps not in the way Apple envisioned when unleashing it on the smartphone market last October. Siri has incited the passions of a few hard-to-please iPhone customers, one of whom took his case to a California federal court in March. Continue reading »
If you’re searching for a resource that contains almost everything you wanted to know about the federal and state multi-jurisdictional expert witness world, look no further. The Practising Law Institute has recently published its Expert Witness Answer Book 2012, an up-to-date treatise covering the most current information available on the evolving and ever-growing body of federal law, state law, and applicable case law covering expert witnesses. Continue reading »
For the second consecutive year, the Florida legislature is considering a bill that would change the standards for admission of expert witness testimony in Florida state courts. Slowly inching its way through the legislature, the bill suffered setbacks on March 8 when Senate amendments altered the language – and ostensibly the bite – of the original bill approved by the House in February.
At issue is whether Florida should adopt its own statutory version of Federal Rule of Evidence 702 and Daubert, and throw out the long-standing Frye standard currently employed in Florida state courts. If you’re waiting to see which direction Florida will ultimately go regarding the current Frye v. Daubert debate, don’t hold your breath. Opinions differ across the board, and the ultimate answer, if any, may be a little of both. Continue reading »
