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29 Mar 2024, 8:22 am by admin
Joiner, 522 U.S. 136 (1997); Kumho Tire Co. v. [read post]
18 Jul 2008, 8:34 am
You can separately subscribe to the IP Thinktank Global week in Review at the Subscribe page: [duncanbucknell.com] Highlights this week included: EU Commission adopts proposal to extend copyright protection to performing artists from 50 to 95 years: (IPKat), (Out-Law), (IP Law360), (Patry Copyright Blog), (IPEG), (Techdirt), (Techdirt),  ‘Triway’ USPTO, EPO, JPO patent work-sharing pilot starts 28 July: (IP Updates), (Patent Docs), (Patent Prospector), (EPO),… [read post]
8 Jul 2014, 5:10 am
When may a government expert tell the jury that a defendant possessed religious paraphernalia allegedly connected to drug trafficking, as evidence that the defendant likely knew that drugs were present in the car? [read post]
5 Mar 2014, 2:46 pm
  PLAC has been in every major Supreme Court Daubertcase – Kumho Tire, Joiner, Weisman and in state supreme court cases around the country where similar issues arise under state law. [read post]
17 Oct 2015, 5:29 am by Schachtman
Co., No. 1:08–0909, 2010 WL 692842, at *1 (S.D.W.Va. [read post]
9 Jul 2009, 4:54 am
Joiner, 522 U.S. 136 (1997); Kumho Tire Co. v. [read post]
13 Mar 2009, 4:00 am
Here is IP Think Tank’s weekly selection of top intellectual property news breaking in the blogosphere and internet. [read post]
24 Jan 2014, 11:00 am
   However, there is nothing in Daubert, Kumho Tire, Rule 702, or the Advisory Committee Notes to Rule 702 characterizing this burden as being met by a prima facie showing. [read post]
8 Aug 2018, 10:59 am by Schachtman
Understandably, Judge Johnson was concerned that the plaintiffs’ expert witnesses preferred studies unadjusted for potential confounding co-variables and studies that had involved “cherry picking the subjects. [read post]
19 Apr 2013, 5:35 pm by Schachtman
  The Supreme Court’s serial opinions on Rule 702 (Daubert, Joiner, Kumho Tire, and Weisgram) reflect the need for top-down enforcement of a rule, on the books since 1975, while many lower courts were allowing “anything goes. [read post]
22 Dec 2009, 8:57 pm
"); Procter & Gamble Co. v. [read post]
7 May 2009, 6:08 am
Fuller Co., 61 F.3d 1038 (2d Cir. 1995), is also shaky, because: (1) the expert in McCullock relied on published literature ("reference to various scientific and medical treatises," 61 F.3d at 1044), and (2) McCullock affirmed admission of expert testimony under an abuse of discretion standard, id.).Under Daubert, a valid differential diagnosis passes muster only if the expert first shows general toxicity in some reliable fashion:The first step in the diagnostic process is to… [read post]