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The Misuse of Patent Law Experts: An Embarrassment to Our Profession
What role should patent law experts play in modern litigation? Rule 702 of the Federal Rules of Evidence allows experts to testify about their opinions when such testimony will assist the trier of fact. The testimony must be “based upon sufficient facts or data,” must be “the product of reliable principles and methods,” and the witness must have “applied the principles and methods reliably to the facts of the case.” Fed. R. Evid. 702.
The comments by the Advisory Committee for the Rules of Evidence in 2000 give a list of factors that can be used to measure the reliability of expert testimony:
- Is the expert testifying about what he does for a living?
- Are the expert's conclusions logically related to his premise?
- Has the expert considered alternative explanations?
- Is the expert being as careful in his testimony as he would be in his profession?
- Is the expert's field of expertise known for reaching reliable results?
Good guidelines. But when I apply these guidelines to patent law experts I have seen, almost all of them fail to pass these tests. That systematic failure to provide meaningful evidence in a reliable way indicates that most patent law experts should not be permitted to testify.
Beach Boys Songs Written Decades Ago Triggered Current Quarrel With Lawyers
There's current litigation in the ongoing Beach Boys litigation saga. A lawsuit filed in 2019 against Nevada residents Mike Love and his wife Jacquelyne in the U.S. District Court for the District of Nevada that alleges inaccurate payment by the Loves under the retainer agreement and seeks $84.5 million in damages.
Major Differences In UK, U.S. Copyright Laws
This article highlights how copyright law in the United Kingdom differs from U.S. copyright law, and points out differences that may be crucial to entertainment and media businesses familiar with U.S law that are interested in operating in the United Kingdom or under UK law. The article also briefly addresses contrasts in UK and U.S. trademark law.
Strategy vs. Tactics: Two Sides of a Difficult Coin
With each successive large-scale cyber attack, it is slowly becoming clear that ransomware attacks are targeting the critical infrastructure of the most powerful country on the planet. Understanding the strategy, and tactics of our opponents, as well as the strategy and the tactics we implement as a response are vital to victory.
The Article 8 Opt In
The Article 8 opt-in election adds an additional layer of complexity to the already labyrinthine rules governing perfection of security interests under the UCC. A lender that is unaware of the nuances created by the opt in (may find its security interest vulnerable to being primed by another party that has taken steps to perfect in a superior manner under the circumstances.
Transfer Tax Implications on Real Property Leases
The real property transfer tax does not apply to all leases, and understanding the tax rules of the applicable jurisdiction can allow parties to plan ahead to avoid unnecessary tax liability.