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Expert Analysis

• When Rule 12 Motions Against Class Allegations Succeed

  

  Companies facing class actions often attempt early motions to strike class allegations, and while some district courts have been reluctant to decide certification issues at the pleading stage, several recent decisions have shown that Rule 12 motions to dismiss or strike class allegations can be effective, say attorneys at Womble Bond.

• Series

  Law School's Missed Lessons: Teaching Yourself Legal Tech

  

  New graduates often enter practice unfamiliar with even basic professional software, but budding lawyers can use on-the-job opportunities to both catch up on technological skills and explore the advanced legal and artificial intelligence tools that will open doors, says Alyssa Sones at Sheppard Mullin.

• How IPR Estoppel Ruling May Clash With PTAB Landscape

  

  Though the Federal Circuit's narrowing of inter partes review estoppel in Ingenico v. Ioengine might encourage more petitions, tougher standards for discretionary denial established by the U.S. Patent and Trademark Office could be a counterbalancing factor, say attorneys at Troutman Pepper.

• How AI May Reshape The Future Of Adjudication

  

  As discussed at a recent panel at Texas A&M, artificial intelligence will not erase the human element of adjudication in the next 10 to 20 years, but it will drive efficiencies that spur private arbiters to experiment, lead public courts to evolve and force attorneys to adapt, says Christopher Seck at Squire Patton.

• When Legal Advocacy Crosses The Line Into Incivility

  

  As judges issue sanctions for courtroom incivility, and state bars advance formal discipline rules, trial lawyers must understand that the difference between zealous advocacy and unprofessionalism is not just a matter of tone; it's a marker of skill, credibility and potentially disciplinary exposure, says Nate Sabri at Perkins Coie.

• Should Patent Disputes Be Filed In The ITC Or UPC?

  

  When companies must choose between initiating patent litigation in the U.S. International Trade Commission or the European Union's Unified Patent Court, the ITC may offer a few distinct advantages, but ultimately the decision requires consideration of case-specific factors, say attorneys at White & Case.

• 3 Corporate Deposition Prep Tips To Counter 'Reptile' Tactics

  

  With plaintiffs counsel’s rising use of reptile strategies that seek to activate jurors' survival instincts, corporate deponents face an increased risk of being lulled into providing testimony that undercuts a key defense or sets up the plaintiff's case strategy at trial, making it important to consider factors like cross-examination and timing, say attorneys at Dentons.

• Opinion

  Congress Should Pass IP Reform, Starting With 3 Patent Bills

  

  Congress is considering a trio of bipartisan bills to fix patent law problems that have cropped up over the past two decades, and it shouldn't stop there — addressing two other intellectual property issues is critical for America's economy, says retired Judge Kathleen O'Malley at the Council for Innovation Promotion.

• When Reshoring, IP Issues Require A Strong Action Plan

  

  With recent headlines highlighting tariffs as high as 3,521%, more firms will contemplate reshoring manufacturing to the U.S., and they will need to consider important intellectual property issues as part of this complex, expensive and lengthy undertaking, say attorneys at Norton Rose.

• Series

  Volunteering At Schools Makes Me A Better Lawyer

  

  Speaking to elementary school students about the importance of college and other opportunities after high school — especially students who may not see those paths reflected in their daily lives — not only taught me the importance of giving back, but also helped to sharpen several skills essential to a successful legal practice, says Guillermo Escobedo at Constangy.

• Prospects And Challenges For Expert Evidence At The UPC

  

  Expert testimony on economic or damages-related issues will likely play a larger part in Unified Patent Court proceedings in the near future, potentially presenting unique challenges for experts, counsel and judges alike, say analysts at Charles River.

• Attacks On Judicial Independence Tend To Manifest In 3 Ways

  

  Attacks on judicial independence now run the gamut from gross (bald-faced interference) to systemic (structural changes) to insidious (efforts to undermine public trust), so lawyers, judges and the public must recognize the fateful moment in which we live and defend the rule of law every day, says Jim Moliterno at Washington and Lee University.

• Statistics Tools Chart A Path For AI Use In Expert Testimony

  

  To avoid the fate of numerous expert witnesses whose testimony was recently deemed inadmissible by courts, experts relying on artificial intelligence and machine learning should learn from statistical tools’ road to judicial acceptance, say directors at Secretariat.

• Increased Tariffs Create Opportunity To Protect IP Rights

  

  Heightened tariffs on certain foreign imports have created operational and fiscal challenges for companies, but the corresponding increase in customs inspections could offer a silver lining of more consistent enforcement against counterfeit and infringing goods, says Andraya Pulaski Brunau at Day Pitney.

• Prior Art Ruling Highlights Importance Of Detailed Elaboration

  

  The U.S. Patent and Trademark Office's recent decision in Ecto World v. RAI Strategic Holdings shows that when there is a possibility for discretionary denial, and the examiner has potentially overlooked prior art, patent owners should elaborate on as many of the denial factors as possible, says Frank Bernstein at Squire Patton.