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2 Nov 2018, 7:32 pm by Schachtman
Despite the inappropriateness of considering the Bazemore precedent after the Court decided Daubert, many lower court decisions have treated Bazemore as dispositive of reliability challenges to regression analyses, without any meaningful discussion.11 In the last several years, however, the appellate courts have awakened on occasion to their responsibilities to ensure that opinions of statistical expert witnesses, based upon regression analyses, are evaluated through the lens of Rule 702.12 1 Brock… [read post]
16 Oct 2018, 6:08 am by Cheryl Beise
The court remanded the case to the Board to reconsider its selected genus and to conduct a genericness analysis in light of that genus (Real Foods Pty Ltd. v. [read post]
25 Sep 2018, 12:39 pm by Anushka Limaye
Jeremy Gordon provided a comprehensive summary and analysis of oral arguments in McKeever v. [read post]
18 Sep 2018, 12:26 am by Peter Reap
Thus, a decision of the federal district court in Portland, Maine, was affirmed (Plixer International, Inc. v. [read post]
7 Sep 2018, 7:38 am by NBlack
U.S., No. 16-402, 585 U.S. ____ (2018), which I wrote about in this column in July). [read post]
7 Sep 2018, 7:38 am by NBlack
U.S., No. 16-402, 585 U.S. ____ (2018), which I wrote about in this column in July). [read post]
3 Sep 2018, 11:45 pm by Nicholas Kaster
In addition, the Board did not err in excluding evidence that the applicant sought to introduce in a reply brief (Cai v. [read post]
24 Aug 2018, 6:29 am by Cheryl Beise
Cheryl BeiseThe federal district court in Tampa did not err in deciding on summary judgment that fishing boat manufacturer Yellowfin Yachts failed to establish that a former executive and his company were liable for trade dress infringement, unfair competition, or trade secret misappropriation, the U.S. [read post]
10 Aug 2018, 12:02 am by Cheryl Beise
Cheryl BeiseIn a trademark dispute over use of the brand name ROGUE for clothing, the federal district court in New York City erred by ruling on summary judgment that an apparel manufacturer was the rightful owner of the mark for clothing, and that an Oregon brewery was only entitled to sell clothing under the ROGUE Mark as complements to and in promotion of its own brewing business, U.S. [read post]
26 Jul 2018, 6:53 am by Joseph Arshawsky
Joseph ArshawskySubstantial evidence supported a jury’s finding that Raytheon Company failed to show that infrared imaging equipment manufacturers Indigo Systems and FLIR Systems Incorporated (collectively, “Indigo”) misappropriated trade secrets relating to sequential vacuum baking procedure and in situ solder sealing package assemblies, the U.S. [read post]
24 Jul 2018, 11:59 pm by Cheryl Beise
Two applications were continuations of prior applications, and the challenged claims were identical to those rejected in prior applications (Swartz v. [read post]
12 Jul 2018, 6:10 am by Cheryl Beise
He also failed to show that he was an intended third-party beneficiary entitled to invoke the arbitration provision (Cortes-Ramos v. [read post]