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  • There has been much attention in recent years to jurors’ use of the Internet to provide or obtain information about cases for which they have been selected.  We have all seen reports of mistrials because a juror posted about a case on Facebook, searched an unfamiliar term and shared with fellow jurors a definition not sanctioned by the Court, or learned information about a party that had been ruled  inadmissible.

    We have heard much less, though, about the flip side of the coin: attorneys’ use...

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  • “This case appears to be the end of a marriage,” said Santa Clara Superior Court Judge James Kleinberg, before the start of the Hewlett Packard v. Oracle bench trial.  With that statement, we can see the narrative context within which he will interpret some relatively vague contract language to decide whether there is a viable contract that binds the two parties.  Given the acrimony and emotional furor throughout the case, it seems apt.

    Judges may be fine legal scholars, but they are humans first and...

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  • Early on May 1, 2012:  Before the attacks of September 11, 2001, many Americans may have been willing to agree that one person’s terrorist was another person’s freedom fighter.  Certainly, I remember being moved by the politics and the philosophy of the Irish Republican Army members accused of gun running during one of the first cases I worked on as a trial strategy consultant in the early 1980’s.  They spoke of similarities between the restrictive ways in which the British treated the Irish and the ways they...

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  • 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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