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  • For the first time, DOAR conducted a client-free mock trial.

    We told our 23 mock jurors that they had participated in something historic and it was true.  For the first time, DOAR conducted a client-free mock trial.   Given our experience in intellectual property and patent disputes, we invented a patent case pertaining to a hypothetical time-release insulin product.  The inventors were university-based researchers.  The patent’s ownership had been transferred to a patent holding company, SBN, in exchange for future royalties derived from licensing agreements.  The accused infringer, Haldon Pharmaceuticals, made and sold a product called Insulex...

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  • We are reminded that technology notwithstanding, humans are still fundamentally social beings.

    We often hear social scientists – professional and amateur – suggest that today’s society of computer-addicted, gaming, texting, plugged-in citizens is more isolated and less social than our less technological and presumably more conversational predecessors.  We hear about the lost art of conversation, and bemoan new skills deficits in interpersonal communication. Some of us have even worried about how this new inward focus might affect jury dynamics, where verbal communication is at the heart of effective deliberations.  I have been reassured, though, time and time again, as...

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  • Twitter gambles on a patent plan.

    When I first heard about Twitter’s newly proposed patent plan, a few questions came to mind: Who would give up the chance to make significant profit from the creative minds of its employees?  What is Twitter thinking? Do they want to just give up the kind of money that puts startups on the map? What about keeping the company focused on innovation and development and limiting the risk of costly, extensive, patent litigation?

    Last Friday, it was reported that Twitter...

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  • Far from turning down the emotional aspects of the case, the Edwards defense team has decided to amplify them.

    Jurors in the John Edwards trial may have expected to be inundated with testimony about betrayal and disappointment, but they could hardly have predicted that they would be immersed in a love-drenched soap opera.  Here, for instance, is a transcript of a voicemail from John Edwards  to his campaign aide, Andrew Young, that was entered into evidence during Mr. Young’s testimony “I just wanted you to hear that and to once again to tell you I love you… uhh, I really love you Andrew.”  Mr. Young was...

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