The best way to determine the validity and so the value of patents are in play. In 2012, the AIA changed the rules of the game, and the value of patents changed abruptly. An upcoming Supreme Court decision may roll back the changes that have followed from the AIA. In the meantime, certain Native American tribes have profited more; patent trolls less.Read Full Article >
On Monday, March 27, 2017, a Pennsylvania state judge declared a mistrial in the latest case over the alleged side effects of the Janssen Pharmaceuticals Inc. antipsychotic drug Risperdal. In the midst of his testimony, the expert witness for the plaintiff ran to the aid of a juror suffering a medical emergency. The expert, Dr. Mark Solomon, was to testify that the plaintiff’s exposure to Risperdal had caused him to develop large female-like breasts (a condition known as gynecomastia).
After the juror was taken to the hospital, Johnson &...Read Full Article >
In its October 20, 2016 decision in Motorola, Inc. v. Murray, 2016 WL 6134870 (D.C. Cir. Oct. 20, 2016), the DC Court of Appeals adopted the almost unanimously followed Daubert standard regarding the admissibility of expert testimony. In fact, all but seven states have adopted Daubert over Frye – the late adopters are New York, Illinois, California, Maryland, New Jersey, Pennsylvania and Washington – and I suspect that the pressure for them to adopt Daubert and abandon Frye will only increase and lead to a single standard.
The Frye...Read Full Article >