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The Federal Circuit Clarifies Who Can Be an Expert In Patent Cases
In September 2024, the Federal Circuit clarified the necessary qualifications for a technical expert to testify in a patent lawsuit, holding that while an expert must possess ordinary skill in the art, they need not have possessed such skill "at the time of the alleged invention." Osseo Imaging, LLC v. Planmeca USA Inc. 2024 WL 4031140, at *3 (Fed. Cir. Sept. 4, 2024).
Expert witnesses play a critical role in patent litigation, where judges and juries without technical training are expected to adjudicate often highly technical issues related to the patented invention, the accused products, and the state of the art in the relevant industry at the time of the invention. But without the right specialized knowledge, training, or experience, a witness may not qualify as an expert and his/her opinions will not be helpful. Many issues in a patent lawsuit — including claim construction, infringement, and validity — require assessing evidence from the perspective of a hypothetical "person of ordinary skill in the art." Thus, to be qualified to offer technical expert testimony in a patent case, "an expert must at a minimum possess ordinary skill in the art." Kyocera Senco Industrial Tools Inc. v. International Trade Commission, 22 F. 4th 1369, 1377 (Fed. Cir. 2022).
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The DOJ's Corporate Enforcement Policy: One Year Later
The DOJ's Criminal Division issued three declinations since the issuance of the revised CEP a year ago. Review of these cases gives insight into DOJ's implementation of the new policy in practice.
Use of Deferred Prosecution Agreements In White Collar Investigations
This article discusses the practical and policy reasons for the use of DPAs and NPAs in white-collar criminal investigations, and considers the NDAA's new reporting provision and its relationship with other efforts to enhance transparency in DOJ decision-making.
How AI Has Affected PR
When we consider how the use of AI affects legal PR and communications, we have to look at it as an industrywide global phenomenon. A recent online conference provided an overview of the latest AI trends in public relations, and specifically, the impact of AI on communications. Here are some of the key points and takeaways from several of the speakers, who provided current best practices, tips, concerns and case studies.
New York's Latest Cybersecurity Commitment
On Aug. 9, 2023, Gov. Kathy Hochul introduced New York's inaugural comprehensive cybersecurity strategy. In sum, the plan aims to update government networks, bolster county-level digital defenses, and regulate critical infrastructure.