It’s safe to say the transformation is complete – attorneys, courts, and the legal industry have finally gotten the message – no pun intended. The new challenge isn’t to convince the legal field of a need to embrace social media, but rather solving the growing number of legal and ethical dilemmas spawned by the fact that social media and the legal industry are now inextricably intertwined.
The U.S. District Court for the District of Delaware recently addressed a costly expert issue involving damages in a patent infringement case: Whether expert testimony which relies solely on a prior settlement agreement as a basis for proving reasonable royalty damages is reliable and therefore admissible under the established law of Daubert and FRE 702.
Will the USPTO’s Patent and Trial Appeal Board (PTAB) become a major patent reform player, improving administrative efficiencies, streamlining the patent process, and creating cost effective litigation alternatives as it was purposed to do? Will it offer solutions to the overburdened patent process? Or will patent litigation attorneys and their clients shy away from it, fearful of underlying uncertainties in implementation and possible negative precedential effects its rulings may have in other forums?