3 Count: Criminal Testimony
Plagiarism Today
MAY 2, 2023
The post 3 Count: Criminal Testimony appeared first on Plagiarism Today. Ed Sheeran criticizes music expert, EU moves to regulate AI and Bethesda takes down their own marketing banner.
testimonials 
Canada’s Online News Act: Parliamentary Hearings Continue (My Testimony)
Hugh Stephens Blog
OCTOBER 3, 2022
The Standing Committee on Canadian Heritage began hearings late last month to review draft legislation (Bill C-18: The Online News Act) that will follow Australia’s example, with some minor tweaks, to require large digital intermediaries (think Google and Facebook for starters) to negotiate financial compensation with news content providers for the (..)
130 Join 9,000+
Insiders
Sign Up for our Newsletter
This site is protected by reCAPTCHA and the Google Privacy Policy and Terms of Service apply.
Trending Sources
MGA Seeks OMG Dolls Mistrial Over Cultural Theft Testimony
IP Law 360
JANUARY 24, 2023
Dolls collection after the musicians' lawyer played California jurors video testimony of a witness who complained that people often "steal" from Black communities — a subject the judge had ruled inadmissible. MGA Entertainment moved for a mistrial Tuesday in its intellectual property fight with T.I. and Tameka Harris over its O.M.G.
Amended FRE 702 on Expert Testimony Effective December 1, 2023
JD Supra Law
DECEMBER 5, 2023
The persuasiveness of their testimony can often mean the difference between winning and losing a case. Experts play a key role in patent litigation as they explain complex technical issues including infringement, validity, and damages to judges and juries. By: Fish & Richardson
Litigation 68
68 
Teach Your Witness About 'Good' And 'Bad' Testimony Words
IP Law 360
OCTOBER 20, 2023
To ensure honest and accurate testimony in trials and depositions, attorneys must take care to educate their witnesses about the problematic words opposing counsel may use, such as “always” and “must,” and the effective words they can use in response, like “potentially” and “depends,” say Steve Wood and Bill Kanasky at Courtroom Sciences.
75 
Must See Testimony by @MMercuriadis at @KevinBrennanMP Hearing on Streaming Economy
The Trichordist
DECEMBER 12, 2023
Very important testimony by Merck Mercuriadis at the UK House of Commons Culture Media and Sport Committee revisiting the Committee’s inquiry into the economics of streaming. Read… Read more "Must See Testimony by @MMercuriadis at @KevinBrennanMP Hearing on Streaming Economy"
Music 58
58 Music 58
58 
Centripetal Tells CAFC Vidal Testimony Bolsters Mandamus Petition
IP Watchdog
MAY 3, 2023
Court of Appeals for the Federal Circuit (CAFC) on Monday drawing the court’s attention to Director Vidal’s testimony before the House IP subcommittee, which they argued is a further reason to grant Centripetal its mandamus petition. Additionally, Centripetal’s counsel at Dowd Scheffel PLLC sent a letter to the U.S.
Judge Stark Grants Plaintiffs’ Motion in Limine to Preclude Trial Testimony from Defendants’ CEO
Delaware Intellectual Property Litigation Blog
AUGUST 6, 2021
1 to preclude the trial testimony of certain fact witnesses for Defendants, including the current Chief Executive Officer of Defendants who is a former employee of Plaintiffs. August 4, 2021), the District of Delaware granted Plaintiffs’ motion in limine No. A copy of the Memorandum Order is attached.
Copying 104
104 
Precedential No. 28: TTAB Gives Opposer Leave to Correct Its Botched Notice of Reliance and Testimony Declaration
The TTABlog
OCTOBER 4, 2023
In this Section 2(d) opposition to registration of the mark MOSAIC for "Collectible trading cards; Sports trading cards," Opposer RLP Ventures, appearing pro se, seriously botched its attempt to submit evidence and testimony. The Board noted that ordinarily a party must show "excusable neglect" in order to re-open its testimony period.
Registration 64
64 
Wirtgen's Damages Testimony Tossed Days Before IP Trial
IP Law 360
FEBRUARY 6, 2024
A Delaware judge has thrown out damages testimony from an expert put forward by machinery manufacturer Wirtgen a week ahead of its scheduled trial against rival Caterpillar over its road-milling machine patents after finding that the expert wrongly assumed that Wirtgen would be a reluctant licensor.
IP 40
40 
ITC Practice and Procedure: Form of Witness Testimony
LexBlog IP
JANUARY 25, 2023
One aspect of each ALJ’s ground rules that is particularly noteworthy is whether direct testimony of non-adverse witnesses at the evidentiary hearing is live or in the form of witness statements. Unlike in district court litigation, ALJs can require non-adverse direct witness testimony to be submitted in written witness statements.
Litigation 52
52 
Expert Testimony May Establish Written Description Support for Negative Claim Limitation
JD Supra Law
JANUARY 14, 2022
The court found that expert testimony established that a person having ordinary skill in the art (PHOSITA) would understand the specification to disclose the negative claim limitation. Accord Healthcare, Inc., By: Fitch, Even, Tabin & Flannery LLP
Art 102
102 Art 102
102 
No Weight for Unsupported Expert Witness Testimony
LexBlog IP
FEBRUARY 16, 2023
The Board further explained that such a declaration “is particularly problematic in cases where, like here, expert testimony is offered not simply to provide a motivation to combine prior-art teachings, but rather to supply a limitation missing from the prior art.” ” Id. ” Id. This is not a controversial decision.
Art 52
52 
Experts Walk the Line: Avoiding Exclusion of Testimony as Legal Opinions
JD Supra Law
JULY 7, 2023
Courts continue to measure that fine line between reliable expert testimony and legal opinion that patent experts constantly walk on.
IP 52
52 
Expert Testimony Inconsistent With Agreed-Upon Claim Construction Is Properly Stricken
JD Supra Law
DECEMBER 6, 2022
Summary: The district court did not abuse its discretion in striking expert testimony inconsistent with the court’s claim construction. Nor did the district court err in granting summary judgment of noninfringement after striking the expert testimony. District Court for the Western District of Washington. By: Knobbe Martens
55 
Experts and Expert Testimony in PTAB Proceedings
JD Supra Law
SEPTEMBER 29, 2022
In a recent Boardside Chat webinar, a panel made up of PTAB judges and practicing attorneys discussed the use of experts and expert testimony in American Invents Act (AIA) proceedings. The panelists stressed that well-prepared experts can help a proceeding. But on the flip side, an ill-prepared or evasive expert can damage it. By: Jones Day
Invention 52
52 Invention 52
52 
Cyntec Company, Ltd. v. Chilisin Electronics Corp., Chilisin America Ltd. Nos. 2022-1873, (Fed. Cir. October 16, 2023)
Intellectual Property Law Blog
NOVEMBER 7, 2023
This case is primarily about the Daubert standard as applied to expert testimony on damages. The Federal Circuit reversed the Northern District of California’s admission of expert testimony on damages, which relied on calculations that failed to differentiate between infringing products and non-infringing products.
Art 260
260 
using testimonials post-relationship failure can be a ROP problem
43(B)log
DECEMBER 7, 2023
Because of Bartlett’s popularity, McCandless used her, among other personalities, to market his services and asked her to provide a “testimonial” video for him to use, which she provided and he posted to his Instagram. Bartlett also helped them recruit another popular Instagram model, Passos.
Federal Circuit: District Court Properly Struck Expert Testimony that Failed to Apply Agreed-Upon Claim Construction
IP Watchdog
NOVEMBER 30, 2022
The CAFC held that it is proper to strike expert testimony that did not rely on the agreed upon claim construction adopted by the district court. Treehouse Avatar, LLC owns U.S.
Reporting 72
72 
District Court Gatekeeping Responsibility for Expert Witness Testimony to Increase Under Proposed Changes to Federal Rule of Evidence 702
IP Tech Blog
APRIL 19, 2023
First, the amendments clarify that the proponent of expert testimony bears the burden of establishing its admissibility by a preponderance of the evidence. The Advisory Committee deemed doing so necessary because courts have tended to err on the side of admissibility.
Blogging 57
57 
Defense Strategies For Excluding Unreliable Expert Testimony
IP Law 360
MARCH 17, 2023
Federal circuit courts have addressed the evidence upon which an expert relies in a variety of scenarios, with differing results — but when such evidence is found to be incorrect, contradictory, one-sided or otherwise insufficient, defense counsel may be able to exclude the testimony entirely, say attorneys at Steptoe & Johnson.
40 
Rule 702 Proposal Would Overly Restrict Expert Testimony
IP Law 360
AUGUST 2, 2021
The effort underway to revise Federal Rule of Evidence 702 is an unnecessary repudiation of the Daubert standard for admissibility of expert testimony — a change that would thrust judges into the role of juries and disproportionately affect plaintiffs, says Susan Steinman at American Association for Justice.
68 
When Is It OK To Use Expert Testimony After They Withdraw?
IP Law 360
NOVEMBER 10, 2022
As reliance on experts grows within the legal industry, attorneys should consider what may happen when an expert witness is withdrawn by the party that retained them, given that federal courts have recently barred reports that relied on their testimony, say Jonathan Federman at Gordon & Rees and Paula Villela at BatesCarey.
Reporting 52
52 Reporting 52
52 
FTC Revises Endorsement and Testimonial Guides
LexBlog IP
JUNE 30, 2023
But that load just got a tad bit lighter, as the FTC released its revisions to the Endorsement and Testimonial Guides yesterday. As we have written several times, the FTC has a lot on its plate with respect to rulemaking and proposed revisions to existing Guides. In February 2020, the Commission sought comments on the Guides.
Social Media 52
52 
Federal Circuit Looks to Expert Testimony to Construe Patent with Ambiguous Intrinsic Record
JD Supra Law
JANUARY 18, 2023
In the appeal, Uniloc contended that the PTAB erred by relying on the testimony of Netflix’s technical expert leading to an incorrect claim construction. (nonprecedential), the Federal Circuit affirmed a Patent Trial and Appeal Board (PTAB) determination that a claim of Uniloc’s U.S. 6,584,229 patent was unpatentable as obvious.
Patent 55
55 Patent 55
55 
Somebody’s Wrong: PTAB Must Resolve Conflicting Factual Testimony During IPR
JD Supra Law
MAY 23, 2022
Summary: For purposes of determining whether a reference was prior art, the Board has an obligation to resolve fundamental testimonial conflicts. Appeal from the Patent Trial and Appeal Board. By: Knobbe Martens
Art 52
52 
My California Senate Judiciary Committee Testimony on Section 230 and State Regulation
Technology & Marketing Law Blog
NOVEMBER 16, 2021
My written testimony. The post My California Senate Judiciary Committee Testimony on Section 230 and State Regulation appeared first on Technology & Marketing Law Blog. Spoiler: Section 230 forecloses many of the legislature’s goals.
Social Media 59
59 
District Court Gatekeeping Responsibility for Expert Witness Testimony to Increase Under Proposed Changes to Federal Rule of Evidence 702
LexBlog IP
APRIL 19, 2023
First, the amendments clarify that the proponent of expert testimony bears the burden of establishing its admissibility by a preponderance of the evidence. The Advisory Committee deemed doing so necessary because courts have tended to err on the side of admissibility.
Blogging 52
52 
My Testimony to the Colombian Constitutional Court Regarding Online Account Terminations and Content Removals
Technology & Marketing Law Blog
NOVEMBER 15, 2022
My 15 minutes of testimony was based on this paper. * * *. My testimony makes two points. The post My Testimony to the Colombian Constitutional Court Regarding Online Account Terminations and Content Removals appeared first on Technology & Marketing Law Blog. My name is Eric Goldman.
Publishing 93
93 
Bar Owner's 'Suspicious' Testimony Dooms TM, TTAB Finds
IP Law 360
SEPTEMBER 23, 2022
The company behind a New York cocktail bar failed to convince the Trademark Trial and Appeal Board to cancel a trademark registration on the term "Happiest Hour," with the board finding in a precedential opinion that the bar owner's testimony was inconsistent and contradictory.
Registration 40
40 
Evidence Rule Changes Help Judges Police Expert Testimony
IP Law 360
AUGUST 24, 2022
New amendments to Federal Rule of Evidence 702, concerning admissibility of expert witness testimony, make it clear that it is the judge's role — not the jury's — to keep faulty science out of the courtroom, say Michael Leard and Sara Lonks Wong at Nutter.
40 
Witness Testimony Regarding Intent to Infringe Excluded Because Defendant Refused Such Discovery Based on Privilege
JD Supra Law
JANUARY 17, 2023
District Court for the District of Colorado granted a motion in limine to preclude testimony from corporate executives about their “business understanding” regarding infringement because the defendant previously refused to disclose that information claiming it was privileged.
Business 52
52 Business 52
52 7 Ways Patent Litigators Can Leverage Inventor Testimony
IP Law 360
JANUARY 11, 2022
Mylan, relying on inventor testimony to invalidate patent claims for lack of written description, illustrates one of several ways in which such testimony can be used to persuade fact-finders in close cases and uncover game-changing evidence, says Jeremy Edwards at Maddox Edwards. The recent Federal Circuit decision in Biogen v.
Inventor 40
40 
TTAB Dismisses JEWEL HUNTER Oppposition: Opposer's Faulty Testimony Declarations Failed to Establish "Standing"
The TTABlog
SEPTEMBER 9, 2022
Opposer Shanghai submitted three testimony declarations from its president. However, the third declaration was filed outside of opposer's testimony period, and so the Board gave it no consideration. 2.123(a)(1), witness testimony may be submitted in the form of a sworn affidavit or an unsworn declaration under Trademark Rule 2.20.
Registration 52
52 
FTC Issues Notice of Penalty Offenses for Endorsement and Testimonial Marketing
JD Supra Law
OCTOBER 22, 2021
The Notice did not allege that any of the recipients had engaged in wrongdoing. By: Fenwick & West LLP
Marketing 77
77 
Federal Circuit: Narrow Definition of Skill in the Art Dooms Expert’s Testimony
JD Supra Law
MARCH 11, 2022
In so doing, the court confirmed that it is the defined level of skill in the art that determines whether an expert can provide relevant and reliable testimony from the perspective of. By: Akin Gump Strauss Hauer & Feld LLP
Art 55
55 Art 55
55 
Judge Stark Grants Plaintiffs’ Motion in Limine to Preclude Trial Testimony from Defendants’ CEO
LexBlog IP
AUGUST 6, 2021
1 to preclude the trial testimony of certain fact witnesses for Defendants, including the current Chief Executive Officer of Defendants who is a former employee of Plaintiffs. August 4, 2021), the District of Delaware granted Plaintiffs’ motion in limine No. A copy of the Memorandum Order is attached.
Copying 52
52 
Judge Andrews Denies Defendant’s Motion to Exclude Plaintiff’s Expert Witness Testimony Relating to the Testing of the Accused Infringing Products
Delaware Intellectual Property Litigation Blog
JULY 16, 2021
July 14, 2021), the Court denied Defendant’s motion to exclude the testimony of Plaintiff’s expert witness relating to the testing of the accused infringing products with regard to the Family 4 Patents. By Memorandum Opinion entered by The Honorable Richard G. Andrews in TQ Delta, LLC v. 2Wire, Inc. Civil Action No. 13-1835-RGA (D.Del.
Copying 63
63 
FDA Testimony Before the U.S. Senate Regarding Reauthorization of the Biosimilar User Fee Act
LexBlog IP
APRIL 29, 2022
The testimony spanned many topics, but notably the FDA discussed the progress of biosimilar approvals, including its impact on cost. ” To read the full testimony from the FDA, click here. The post FDA Testimony Before the U.S.
Licensing 52
52 
Patent Office Director Designates Precedential Opinion on IPR Expert Evidence/Testimony
JD Supra Law
FEBRUARY 13, 2024
In Xerox Corp. Bytemark, Inc., the Director of the U.S. Patent and Trademark Office made precedential a prior decision of the Patent Trial and Appeal Board (the Board) over when an expert declaration from an inter partes review (IPR) should be afforded little weight.
Designs 65
65 
Ed Sheeran Denies Copying Marvin Gaye In IP Trial Testimony
IP Law 360
APRIL 25, 2023
British pop star Ed Sheeran took the witness stand in Manhattan federal court Tuesday for the first day of a copyright trial over his ballad "Thinking Out Loud," denying that he copied Marvin Gaye's "Let's Get It On" and testily sparring with opposing counsel.
Copying 98
98 
Expert Testimony That Contradicts Patent Specification Fails to Create a Genuine Issue of Fact in a Patent Eligibility Dispute
JD Supra Law
JULY 19, 2022
Before Lourie, Bryson, and Hughes - Summary: Expert testimony that steps of challenged patent claims were unconventional failed to preclude summary judgment of ineligibility where specification admitted the steps were conventional. CAREDX, INC. NATERA, INC. By: Knobbe Martens
Patent 52
52 Patent 52
52 Propriety Of Testimony In Samsung IPRs Riles PTAB Judge
IP Law 360
OCTOBER 13, 2021
The Patent Trial and Appeal Board on Wednesday pushed back on Samsung's argument that testimony from a fact witness for Acorn Semi LLC should be excluded in its bids to invalidate five Acorn semiconductor patents as being obvious or anticipated.
Patent 40
40 Patent 40
40 
Epic V. Apple Ruling Offers Lessons On Expert Testimony
IP Law 360
SEPTEMBER 29, 2021
District Judge Yvonne Gonzalez Rogers as a useful reminder of the pitfalls and opportunities that counsel face in managing expert testimonies from economists, and suggests a new way to test experts' opinions and reports — consider what Judge Gonzalez Rogers would say. Narinder Walia at Crowninshield Financial Research highlights the Epic v.
Reporting 40
40 Reporting 40
40 
Let's personalize your content