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Court-Appointed Experts in Patent Infringement Cases
Under the recent Federal Circuit opinion in Monolithic Power Systems v. O2 Micro International, 558 F.3d 1341 (Fed. Cir. 2009), courts are permitted to appoint their own technical experts to aid in understanding complex technology involved in patent suits. Such court-appointed experts may even testify before the jury, raising concerns about undue influence and encroachment on the jury's decisional role. As discussed in this article, Monolithic appears to have left these concerns somewhat unresolved, creating a likelihood that they will arise again in future patent cases.
Types of Experts Relied upon By Courts
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.
Removing Restrictive Covenants In New York
In Rockwell v. Despart, the New York Supreme Court, Third Department, recently revisited a recurring question: When may a landowner seek judicial removal of a covenant restricting use of her land?
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?
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.