Search Results for: expert

The Nine Greatest Experts on the Internet, NOT! – The Supreme Court Considers the Algorithm in Google and Twitter

“You have the Truman Show versus a horror show,” said litigation legend Lisa Blatt during oral arguments in Gonzalez v. Google. Gonzalez is one of two cases recently decided by the Supreme Court dealing with the imposition of liability on websites that host user-generated content (UGC) for the actions of their users. But more broadly, … Continue Reading

District Court Gatekeeping Responsibility for Expert Witness Testimony to Increase Under Proposed Changes to Federal Rule of Evidence 702

Sister blog Global Investigations and Compliance Review posted a very read-worthy recent blog authored by our colleagues Marisa Darden, Ayako Russell and Jay Thomas. Addressing proposed changes to the Federal Rule of Evidence 702 standards regarding the admissibility of expert witness opinions, the post is a must read for anyone involved in or concerned with … Continue Reading

PTAB Appellants May Improve Outcomes by Filing Supplemental Expert Declarations

On November 25, 2019, the Patent Trial and Appeal Board (PTAB) of the United States Patent and Trademark Office (USPTO) affirmed an appeal from IBM that its invention fails to recite patent-eligible subject matter under 35 U.S.C. §101. U.S. Patent Application Number 15/212,216 claimed a method for mining threaded online discussions, where an information handling … Continue Reading

Experts in the USPTO: Not Just for IPRs?

In post-patent issuance proceedings before the US Patent and Trademark Office (USPTO) – inter partes review (IPR), covered business method (CBM), and post-grant review (PGR) – parties almost invariably submit expert testimony. Depending on the type of post-issuance proceeding, the testimony can relate to prior art, claim construction, patent-eligibility, or formal requirements for patentability including … Continue Reading

Supreme Court Clarifies That, Yes, You Have to Register Your Copyright, and No, You Cannot Recover Your Expert Witness Fees in Copyright Cases

In a pair of unanimous rulings on March 4, 2019, the Supreme Court clarified (1) that the U.S. Copyright Office must issue a registration certificate before a plaintiff can commence suit and (2) that a prevailing plaintiff cannot recover fees for expert witnesses, jury consultants or other “costs” that are not specifically called for in … Continue Reading

G7 Endorse Voluntary Code of Conduct for Advanced AI Systems prior to UK Global

2023 has been the year that governments, regulators and international organisations have all sought to get to grips with the challenges of regulating AI including the publication in April of the UK government’s policy paper outlining its proposed approach to AI regulation; the EU’s AI Act which may shortly become the world’s first piece of … Continue Reading

The rising regulatory tide on environmental claims – Shell found in breach of the Advertising Standards Authority’s rules, again!

Last month, oil giant, Shell, was caught out again by UK regulator – the Advertising Standards Authority (“ASA“) – for breaching its rules against making misleading environmental claims. Previous ASA ruling against Shell This latest ruling is reminiscent of a 2020 ASA ruling against Shell for a radio ad, where it used the claim “Drive … Continue Reading

Generative AI Is Changing How We Do Business and How We Practice Law

The news about Steven Schwartz, the attorney who asked ChatGPT, an artificial intelligence chatbot, to find cases relevant to his client’s lawsuit only to submit a brief full of bogus caselaw, spread gleefully fast, as embarrassing news does. And although we shook our heads in disapproval, I suspect many attorneys were grateful to Mr. Schwartz. … Continue Reading

Copyright protection for AI works: UK vs US

The use of artificial intelligence (“AI”) is growing, but whether AI-generated works can be protected by copyright remains unclear and the position is inconsistent across different jurisdictions including the UK and USA. A recent US case, concerning a comic book which included AI-generated images, offers an opportunity to contrast the two countries’ approaches to AI-generated … Continue Reading

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