Maggie Tamburro's Blog (5)

Federal Circuit in Facebook Case Does Not 'Like' Appeal

In a patent infringement lawsuit involving Facebook's "like" and "share" functions, the Federal Circuit Court of Appeals has turned down a request by both parties that it accept an interlocutory appeal of the district court's decision to exclude the plaintiff's damages expert.

 

Even though the case has yet to go to trial, both sides asked the Circuit Court to review the ruling. The plaintiff, Rembrandt Social Media, argued that, if the court reversed the exclusion order, it could…

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Added by Maggie Tamburro on June 11, 2014 at 2:18pm — No Comments

Apple, Samsung Daubert Docs Should Have Been Sealed, Federal Circuit Rules

Posted by Robert Ambrogi, Contributing Author on 2013/09/17Add comments

The media dubbed it, “The Patent Trial of the Century.” In 2011, Apple sued Samsung, claiming its smartphones and tablets infringed patents for the iPhone and iPad. Samsung countersued, alleging that Apple’s products violated its patents. On…

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Added by Maggie Tamburro on September 14, 2013 at 12:00pm — No Comments

No Damages Expert … No Relief?

by Maggie Tamburro



Is expert evidence required to prove a reasonable royalty damages award?

A New Jersey federal court delivered a cautionary ruling for the patent infringement practitioner, perhaps underscoring the following: Although expert evidence is not specifically required for a reasonable royalty damage claim, don’t underestimate the value of utilizing expert evidence to establish reasonable…

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Added by Maggie Tamburro on May 15, 2013 at 7:49pm — No Comments

Consulting Experts – The Danger of Discovery

by Maggie Tamburro



When, if ever, is initial expert consulting work performed by assistants to a testifying expert in danger of being subject to discovery by an opposing party?

Wait – you say – the Federal Rules of Civil Procedure protect against another party’s discovery of consulting experts retained in anticipation of litigation who are not expected to be called at trial. But at…

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Added by Maggie Tamburro on April 23, 2013 at 7:30pm — No Comments

A Scientific Weapon for the Courtroom?

Think the eyes are windows to the soul?  If so, you may want to reconsider that notion, as a recently released scientific study challenges commonly held beliefs and intuition regarding the importance of facial expression in conveying emotion.  Cues from the body, as it turns out, are more powerful than facial expressions when it comes to perceiving intense emotions, according to the study results.

The findings could have an array of interesting…

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Added by Maggie Tamburro on January 10, 2013 at 9:05pm — No Comments

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