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Patent Litigation – One Size Does Not Fit All
May 29, 2013
Each patent infringement case is unique, with different technologies, different parties, different damages and different dynamics. Despite these differences, I frequently observe that most patent disputes are conducted with the same one-size-fits-all approach. Regardless of whether realistic damages are $100 thousand or $100 million, most patent disputes are conducted using traditional litigation practices that include several rounds of written discovery, numerous fact depositions, exchanges of thousands...
May 29, 2013
Each patent infringement case is unique, with different technologies, different parties, different damages and different dynamics. Despite these differences, I frequently observe that most patent disputes are conducted with the same one-size-fits-all approach. Regardless of whether realistic damages are $100 thousand or $100 million, most patent disputes are conducted using traditional litigation practices that include several rounds of written discovery, numerous fact depositions, exchanges of thousands...
Refusal to Make Offer at Mediation Not Bad Faith
May 29, 2013
Plaintiffs sought sanctions against defendant for refusing to make any offer in mediation while its motion for summary judgment was pending, arguing that defendant should have provided notice that the mediation would be futile. The court denied sanctions, noting that defendant had sent an out-of-state representative to the mediation with full settlement authority, so there was no bad faith. Defendant was helped by the facts that plaintiffs were also mediating an underlying state case with another...
May 29, 2013
Plaintiffs sought sanctions against defendant for refusing to make any offer in mediation while its motion for summary judgment was pending, arguing that defendant should have provided notice that the mediation would be futile. The court denied sanctions, noting that defendant had sent an out-of-state representative to the mediation with full settlement authority, so there was no bad faith. Defendant was helped by the facts that plaintiffs were also mediating an underlying state case with another...
For Good Cause Shown, Plaintiffs No Longer Required to Utilize Predictive Coding
May 28, 2013
EORHB, Inc. v. HOA Holdings, LLC, No. 7409-VCL, 2013 WL 1960621 (Del. Ch. May 6, 2013) Previously, the court ordered the parties to “retain a single discovery vendor to be used by both sides” and to “conduct document review with the assistance of predictive coding.” (See summary, here.) On May 6, the court entered a new order, stating that Defendants could retain their chosen vendor and utilize computer assisted review but that the parties would not be required to retain a single vendor...
May 28, 2013
EORHB, Inc. v. HOA Holdings, LLC, No. 7409-VCL, 2013 WL 1960621 (Del. Ch. May 6, 2013) Previously, the court ordered the parties to “retain a single discovery vendor to be used by both sides” and to “conduct document review with the assistance of predictive coding.” (See summary, here.) On May 6, the court entered a new order, stating that Defendants could retain their chosen vendor and utilize computer assisted review but that the parties would not be required to retain a single vendor...
Juror Goes to Jail for Texting
May 28, 2013
A juror was held in contempt of court for texting during a trial in violation of standard jury instructions requiring the jury “to pay close attention to all of the witnesses.” On April 16, 2013 Marion County Oregon Judge Dennis Graves sentenced 26 year old Benjamin Kohler to jail for contempt for 2 days for texting while a witness was testifying about the armed robbery defendant. The Salem Statesman Journal reported that Mr. Kohler was caught texting when the courtroom lights were dimmed...
May 28, 2013
A juror was held in contempt of court for texting during a trial in violation of standard jury instructions requiring the jury “to pay close attention to all of the witnesses.” On April 16, 2013 Marion County Oregon Judge Dennis Graves sentenced 26 year old Benjamin Kohler to jail for contempt for 2 days for texting while a witness was testifying about the armed robbery defendant. The Salem Statesman Journal reported that Mr. Kohler was caught texting when the courtroom lights were dimmed...
Indiana Supreme Court Rejects Exception to Mediation Confidentiality
May 28, 2013
In a strongly worded opinion in support of mediation confidentiality, the Indiana Supreme Court vacated the appellate court’s...
May 28, 2013
In a strongly worded opinion in support of mediation confidentiality, the Indiana Supreme Court vacated the appellate court’s...
ALM Legal Intelligence Tracks Alternative Fee Arrangements
May 28, 2013
A report released Thursday by ALM Legal Intelligence, ALM Media's provider of business information to the legal industry,...
May 28, 2013
A report released Thursday by ALM Legal Intelligence, ALM Media's provider of business information to the legal industry,...
Negotiation Mastery for the Legal Pro with Doug Noll
May 27, 2013
In this 34th episode of the Conflict Specialists Show, Dave Hilton interviews Doug Noll – Mediator, Peacemaker, Author and Host of the Doug Noll Show. Some of the topics in today’s episode: Doug’s Journey From Ferocious & Tough Lawyer to Peacemaker Peacemaking: Practicing at the Intersection of Law and Human Conflict (Book) Sex, Politics and Religion at the Office (Book) Elusive Peace (Book) Negotiation Mastery for the Legal Pro Online Course and more
May 27, 2013
In this 34th episode of the Conflict Specialists Show, Dave Hilton interviews Doug Noll – Mediator, Peacemaker, Author and Host of the Doug Noll Show. Some of the topics in today’s episode: Doug’s Journey From Ferocious & Tough Lawyer to Peacemaker Peacemaking: Practicing at the Intersection of Law and Human Conflict (Book) Sex, Politics and Religion at the Office (Book) Elusive Peace (Book) Negotiation Mastery for the Legal Pro Online Course and more
IBM CEO Ginni Rometty Touts Watson, New ‘Golden Era of Technology’
May 27, 2013
Watson, IBM’s Jeopardy!-winning supercomputer, is about to become an advisor to research-oriented industries, says IBM Chief Executive Officer Ginni Rometty. Speaking in San Francisco this week to the annual meeting of the National Venture Capital Association, she said that Watson is part of a third era of technology, in which computers learn. In fact, given today’s confluence of cloud, mobile, social and big data technologies, future historians may regard this era as “a golden era of technology,”...
May 27, 2013
Watson, IBM’s Jeopardy!-winning supercomputer, is about to become an advisor to research-oriented industries, says IBM Chief Executive Officer Ginni Rometty. Speaking in San Francisco this week to the annual meeting of the National Venture Capital Association, she said that Watson is part of a third era of technology, in which computers learn. In fact, given today’s confluence of cloud, mobile, social and big data technologies, future historians may regard this era as “a golden era of technology,”...
When Corporate Legal Departments Use Business Analytics to Measure Law Firms
May 27, 2013
This session is entitled “How corporate legal departments are using analytics to measure the value of the products and services they buy.” The panelists are Bob Ingato (Executive Vice President, General Counsel & Secretary, CIT Group); James Partridge (Chief Counsel, Outside Counsel Relations, Ally Financial (formerly GMAC)); and Anne Sonnen (Deputy General Counsel & Chief Amdinistrative Officer, Legal, Corporate & Compliance Goup, BMO Financial Group). Timothy B. Corcoran (Corcoran...
May 27, 2013
This session is entitled “How corporate legal departments are using analytics to measure the value of the products and services they buy.” The panelists are Bob Ingato (Executive Vice President, General Counsel & Secretary, CIT Group); James Partridge (Chief Counsel, Outside Counsel Relations, Ally Financial (formerly GMAC)); and Anne Sonnen (Deputy General Counsel & Chief Amdinistrative Officer, Legal, Corporate & Compliance Goup, BMO Financial Group). Timothy B. Corcoran (Corcoran...
NADN Announces Partnership With DRI and AAJ
May 27, 2013
This week, the National Academy of Distinguished Neutrals (NADN) announced a partnership with DRI and the American Association for Justice (AAJ). Members of the two organizations will now have access to the NADN’s Neutral Directory which includes calendar and biography information for more than 800 NADN dispute resolution professionals located in at least 40 states. The database allows DRI, AAJ, and other attorneys to submit queries based on neutral expertise, location, and a variety...
May 27, 2013
This week, the National Academy of Distinguished Neutrals (NADN) announced a partnership with DRI and the American Association for Justice (AAJ). Members of the two organizations will now have access to the NADN’s Neutral Directory which includes calendar and biography information for more than 800 NADN dispute resolution professionals located in at least 40 states. The database allows DRI, AAJ, and other attorneys to submit queries based on neutral expertise, location, and a variety...
