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Finding of Anticipation Must Be Fully Supported by Evidence of Record
  • McDermott Will & Emery
  • USA
  • April 27 2017

Addressing the evidentiary standard for proving anticipation, the US Court of Appeals for the Federal Circuit reversed the Patent Trial and Appeal


Federal Circuit Evaluates PTAB Reliance on Expert Testimony to Satisfy Substantial Evidence
  • McDermott Will & Emery
  • USA
  • March 27 2017

Addressing for the first time the extent to which the Patent Trial and Appeal Board (PTAB) may rely on expert testimony to satisfy the substantial


Less Utility Than Alternatives Does Not Make Product’s Trade Dress Protectable
  • McDermott Will & Emery
  • USA
  • February 27 2017

The US Court of Appeals for the Seventh Circuit affirmed a district court grant of summary judgment in favor of a defendant finding that a bag's


The Quality Committee and "Worthless Services"
  • McDermott Will & Emery
  • USA
  • October 26 2016

The Board's Quality of Care Committee should be made aware of a September 7 Department of Justice complaint against a nursing home system and its


Affordable Care Act Whistleblower Complaint Procedures
  • McDermott Will & Emery
  • USA
  • October 17 2016

On October 11, 2016, the Occupational Safety and Health Administration published a final rule that establishes procedures and time frames for


Eight Circuit Affirms Summary Judgment Grant Based on Reasonable Interpretation of Ambiguous Regulation
  • McDermott Will & Emery
  • USA
  • August 12 2016

The US Court of Appeals for the Eighth Circuit today issued a decision affirming a district court’s grant of summary judgment against a False Claims


Seventh Circuit Affirms Summary Judgment for Federal Subcontractor in FCA Suit Regarding Fringe Benefit Withholdings
  • McDermott Will & Emery
  • USA
  • July 26 2016

On July 7, 2016, the US Court of Appeals for the Seventh Circuit affirmed the US District Court for the Southern District of Indiana’s grant of


Tax Court Issues Five Discovery Orders Addressing Admissibility of Expert Reports
  • McDermott Will & Emery
  • USA
  • July 20 2016

On July 13, 14, and 15, 2016, Judge Laro of the US Tax Court (Tax Court) ruled on five taxpayer-filed motions in limine to exclude expert reports in


Expert “Hot Tubbing” in the Tax Court
  • McDermott Will & Emery
  • USA
  • July 15 2016

The use of expert witnesses in litigation can be tricky. Taxpayers want to avoid the perception that their expert is a “hired gun” who is merely


Tax Court Amends Evidence Rules
  • McDermott Will & Emery
  • USA
  • April 4 2016

On March 28, 2016, the U.S. Tax Court announced interim changes to its Rule of Practice and Procedure to incorporate changes made by Congress at the