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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.
Bankruptcy Sales: Finding a Diamond In the Rough
There is no efficient market for the sale of bankruptcy assets. Inefficient markets yield a transactional drag, potentially dampening the ability of debtors and trustees to maximize value for creditors. This article identifies ways in which investors may more easily discover bankruptcy asset sales.
Judge Rules Shaquille O'Neal Will Face Securities Lawsuit for Promotion, Sale of NFTs
A federal district court in Miami, FL, has ruled that former National Basketball Association star Shaquille O'Neal will have to face a lawsuit over his promotion of unregistered securities in the form of cryptocurrency tokens and that he was a "seller" of these unregistered securities.
Why So Many Great Lawyers Stink at Business Development and What Law Firms Are Doing About It
Why is it that those who are best skilled at advocating for others are ill-equipped at advocating for their own skills and what to do about it?
A Lawyer's System for Active Reading
Active reading comprises many daily tasks lawyers engage in, including highlighting, annotating, note taking, comparing and searching texts. It demands more than flipping or turning pages.
Blockchain Domains: New Developments for Brand Owners
Blockchain domain names offer decentralized alternatives to traditional DNS-based domain names, promising enhanced security, privacy and censorship resistance. However, these benefits come with significant challenges, particularly for brand owners seeking to protect their trademarks in these new digital spaces.