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Litigation

  • The battle over expert testimony on patent damages harkens back to the middle ages when would-be attackers developed new strategies for laying siege to a castle, defensive counter-measures were developed to thwart those siege tactics. As plaintiffs have introduced expert testimony based on novel patent damages theories, defendants have asked courts to fulfill their gatekeeping role by preventing certain types of expert testimony from reaching the jury.

    February 28, 2015Rudy Kim and Michelle Yang
  • Discussion of a recent ruling from New Jersey.

    January 31, 2015ALM Staff | Law Journal Newsletters |
  • Texas Court of Appeals Upholds Ruling for Lawyer Defendant in Malpractice Suit over TV Network Stock Dispute
    TV Executive Can't Get Punitive Damages from Alleged Fraud in Hiring

    January 31, 2015Stan Soocher
  • Typically, the production of data in litigation involves a series of disconnected actions involving several corporate or cloud-based systems. These disassociated e-discovery activities ' identify, preserve, collect, and track (IPCT) ' are then feed into a downstream set of processing, review, and production (PRP) steps often hosted outside the corporate firewall. Fortunately, technology advances are helping counsel and client alike to integrate systems and streamline processes both inside and across the firewall.

    January 31, 2015Josh Alpern, James FitzGerald and Jim Mittenthal
  • Rare Franchisee Judicial Victory Sets Dangerous Precedent for Franchisors

    January 31, 2015Rupert Barkoff
  • On Dec. 5, 2014, a divided Federal Circuit panel held that claims directed to systems and methods of generating a composite Web page combining certain visual elements of a "host" website with content of a third-party merchant were "necessarily rooted in computer technology in order to overcome a problem specifically arising in the realm of computer networks," and, therefore, were patent-eligible. However, the court cautioned that not all claims addressing Internet-centric challenges are patent-eligible.

    January 31, 2015Clyde Shuman