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US PTAB Trial Practice Guide Updates
  • K&L Gates
  • USA
  • August 16 2018

On Monday, August 13, 2018, the U.S. Patent Trial and Appeal Board (PTAB) issued a notice updating the Trial Practice Guide. The update provided

New Jersey Supreme Court Uses Daubert Factors To Uphold Trial Court Decision Striking Medical Causation Expert Testimony
  • Porzio Bromberg & Newman PC
  • USA
  • August 15 2018

On August 1, 2018, the New Jersey Supreme Court issued a ruling that reinstated a trial court’s decision striking plaintiffs’ causation experts’

En Banc Federal Circuit Rejects Shifting USPTO’s Attorney Fees To Patent Applicants In 145 Actions
  • Fitzpatrick, Cella, Harper & Scinto
  • USA
  • July 27 2018

The Patent Act provides two options for patent applicants seeking judicial review of an adverse decision by the USPTO Patent Trial and Appeal Board:

(Un)timely and (in)admissible - reminders for expert evidence in Supreme Court proceedings
  • McCabe Curwood
  • Australia
  • July 16 2018

On 12 July 2018 the Supreme Court (Fagan J) handed down its decision in Hrdavev v State of NSW 2018 NSWSC 1081 serving as a good reminder for the

Are All ‘Medical Necessity’ Determinations Subject to False Claims Act Liability? Opinions May Differ.
  • Cadwalader Wickersham & Taft LLP
  • USA
  • July 16 2018

Two federal appellate-court decisions handed down in the past few weeks have generated much speculation about whether “medical necessity”

PTAB May Cite New References Not Cited in the IPR Petition
  • Marshall Gerstein & Borun LLP
  • USA
  • July 13 2018

In affirming a PTAB IPR decision canceling claims for obviousness, the Federal Circuit concluded that the PTAB’s reliance on references not included

Medical judgment can be "false" under False Claims Act
  • Hogan Lovells
  • USA
  • July 10 2018

For the second time in as many weeks, a federal appellate court has held that a doctor’s medical judgment can be “false.” Two weeks ago, the Sixth

Know Your Venue: Polling Still Works
  • Holland & Hart LLP
  • USA
  • July 9 2018

Legal persuaders who want to know their venue are interested in polls. They keep a finger on the national pulse, and especially on the way that pulse

Unsupported Expert Testimony Is Not Substantial Evidence
  • McDermott Will & Emery
  • USA
  • June 28 2018

In reviewing a final written decision from the Patent Trial and Appeal Board (PTAB), the US Court of Appeals for the Federal Circuit ruled that an

Written Description of a Genus Can Be Satisfied by Disclosure of Single Species in Predictable Arts
  • Marshall Gerstein & Borun LLP
  • USA
  • June 22 2018

In Hologic, Inc. v. Smith & Nephew Inc., No. 2017-1389 (Fed. Cir. Mar. 14, 2018), the Federal Circuit concluded that disclosure of a species provides