2010-04-20 Beyond Decision Trees: Determining Aggregate Probabilities of Time, Cost, and Outcomes
Decision Tree Analysis facilitates complex decision-making. In addition to its use in commercial settings and economics departments, for example, “DTA” works well in the legal environment.
2010-02-03 Presumptions and Prejudice in Electronic Discovery - A Significant Ruling From The SDNY
RatnerPrestia shareholder, Gerard O’Rourke, in his recent article sheds light on Judge Shira Scheindlin of the United States District Court and her recently issued important sequel to her landmark decisions on e-discovery in Zubulake v. UBS Warburg LLC.
2009-12-21 How Reexamination Proceedings at the USPTO Impact the Strategy and Conduct of Patent Litigation
One of the significant developments to our patent system in the past 30 years has been the implementation of ex parte and inter partes reexamination.
2009-10-07 Juries May Have Less Say on Patentability
Lauren Schmidt joins Paul Prestia for his latest column in the Legal Intelligencer: Juries May Have Less Say on Patents. If you are a proponent of patents and the patent system and you think patents have gotten a rough ride from the Supreme Court in the last few years, brace yourself for another jolt.
2009-05-18 Roadblocks to Establishing Personal Jurisdiction
In patent litigation, as in all civil litigation, the choice of forum is often controlled by whether a court in the selected forum can exercise personal jurisdiction over the alleged infringer/defendant. Once in a while, facts that would seem to support personal jurisdiction do not.
2009-04-01 The Federal Circuit Holds the E.D. Texas’ Feet to the Fire On Venue
In In Re TS Tech USA Corp., the U.S. Court of Appeals for the Federal Circuit granted a defendant’s petition to transfer a pending patent infringement case from a District Court in the Eastern District of Texas (E.D. Tex.) to a more convenient venue for the defendant.
2008-10-27 When is a Settlement, Settled?
When is a Settlement, Settled?
2008-06-09 Has the Supreme Court Made What’s Old New Again in Hall Street V. Mattel?
The Federal Arbitration Act (FAA) was originally enacted in 1925 to replace judicial opposition to arbitration with a national policy favoring arbitration. The FAA sought to place arbitration agreements on equal footing with all other contracts. In this regard, Section 2 of the FAA expressly provides contracts to arbitrate disputes are “valid, irrevocable, and enforceable” and an arbitration award may be enforced by a judicial decree confirming it. But this statutory finality came with certain statutory exceptions.
2007-09-05 Liability for Foreign Manufacturing, and We Are Not Talking About Lead Paint
The flurry of Chinese-manufactured products brought under scrutiny lately has heightened our awareness about overseas manufacturing generally, but to date most of this concern has centered around product liability.
2007-04-01 Federal Discovery Rules Amended - No “Disk” Left Unturned
On December 1, 2006, the Federal Rules of Civil Procedure (FRCP) were amended to explicitly recognize that businesses have moved from the paper age to the electronic age.
2002-03-23 Is Litigation Manageable?
The Problem With Litigation Is That . . .
