“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
Search Results for: expert
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
Squire Patton Boggs Recognized for Trademark Expertise Around the World
We are delighted to share the recent recognition of our global trademark practice by World Trademark Review for 2021. Squire Patton Boggs received renewed recognition as a leading firm in the “China (foreign)” chapter, and for its UK and Germany practices. In addition, two of our US partners – Deborah Lodge and Phil Zender – … 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
A simple typo costs a patent its priority date
In a recent precedential decision by the Federal Circuit, the Court delivered a cautionary reminder that errors or omissions in a provisional patent application can have significant consequences for a patent’s priority claim and ultimately its validity. In Enanta Pharmaceuticals, Inc. v. Pfizer, Inc., No. 2025-1427 (Fed. Cir. June 23, 2026), the Federal Circuit affirmed … Continue Reading
No Need to Hush? – The EU EmpCo Directive’s very real impact on your IP strategy
With the European Green Deal, the EU’s comprehensive strategy to make Europe the first climate-neutral continent by 2050, sustainability considerations need to become an integral part of a company’s IP strategy. We have focused on the most important provisions of the EU Packaging and Packaging Waste Regulation (PPWR) IP owners need to be aware of … Continue Reading
Playing a Straight Bat: How to Survive a Section 101 Sticky Wicket at the USPTO
What do cricket legends like Imran Khan, Sir Don Bradman, Sachin Tendulkar, Sir Garfield Sobers, Sir Viv Richards, Shane Warne, Brian Lara, Jacques Kallis, Muttiah Muralitharan, and Wasim Akram have to do with surviving a 35 U.S.C. § 101 (“Section 101”) rejection? At first glance, absolutely nothing. But spend enough time at the crease of … Continue Reading
The Automotive Agentic AI Revolution
As with all industries, agentic AI is already starting to have a dramatic impact on the automotive industry, particularly with regard to:… Continue Reading
