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Tag Archives: Michael Kelleher

How Essential Are Graphics To The Judge And Jury In A Patent Trial?

11 Wednesday Jun 2014

Posted by Celia C. Elwell, RP in Intellectual Property, Patent Law

≈ Comments Off on How Essential Are Graphics To The Judge And Jury In A Patent Trial?

Tags

Cogent Legal Blog, Hon. James Ware, Hon. Paul Grewal, Intellectual Property, Michael Kelleher, Patent Law, Trial Graphics, Trial Tips & Techniques

The Need for Graphics in a Patent Trial, and Other Insights from Judges, by Michael Kelleher, Cogent Legal Blog

http://tinyurl.com/nwxwmw5

Good graphics are critical for understanding patent cases. I mean real graphics, pictures, not just words on a PowerPoint. Seeing an illustration or an animation in a trial or a mediation is key to understanding the technology in a patent. − Hon. James Ware

After deliberations have finished, I’ve seen that the pictures were important to jurors because the whiteboards in the jury room often have the jurors’ reproductions of the pictures and diagrams that the attorneys used during trial. The juries are not writing out the long claims of the patents. Instead, they discuss the case in abstractions using those pictures from trial. − Hon. Paul Grewal

These judicial observations on graphics in patent trials came from a judges’ panel at last weekend’s Annual Meeting of the San Francisco Intellectual Property Law Association (SFIPLA) in Healdsburg, California. As usual, the annual meeting provided wonderful opportunities to learn about recent developments in intellectual property law and to network and relax with leading IP attorneys and judges. . . .

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How Graphics Were Used In Historic Copyright Case.

22 Thursday May 2014

Posted by Celia C. Elwell, RP in Closing Argument, Copyright, Exhibits, Intellectual Property, Legal Technology, Opening Argument, Oral Argument, Technology, Trial Tips and Techniques

≈ Comments Off on How Graphics Were Used In Historic Copyright Case.

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Consent Legal Blog, Copyright, Intellectual Property, Michael Kelleher, Trial Graphics

Graphics for a Historic Copyright Case, by Michael Kelleher, Consent Legal Blog

http://tinyurl.com/q6oa8rt

As you prepare for oral argument in an important hearing, you may realize that you need quick help to create or revise graphics. Today’s blog post comes from this type of scenario, and it has the added interest of coming from a high-profile copyright dispute pending in the Supreme Court. . . .

 

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Tech Tips for Document Review, Production, and Trial.

15 Tuesday Apr 2014

Posted by Celia C. Elwell, RP in Discovery, Document Review, Exhibits, Legal Technology, Requests for Production, Subpoena Duces Tecum, Technology, Trial Tips and Techniques

≈ 2 Comments

Tags

California State Bar, Cogent Legal Blog, Document Production, Document Review, Law Practice Management and Technology Section, Michael Kelleher, Trial, Trial Tips & Technology

5 Tech Tips for Document Review, Production and Use at Trial, by Michael Kelleher, Cogent Legal Blog

http://tinyurl.com/kv3jy3f

Mr. Kelleher not only shares the technology tips from his recent webinar, but is kind enough to offer his e-mail address and telephone number should you have any questions. Nice guy! -CCE

On Wednesday, April 9, I gave a webinar on technology tips for document review, production and use at trial for the Law Practice Management and Technology Section of the California State Bar. We’re going to be posting a few of the tips on the blog if you missed the webinar. You can also download a PDF of the slide deck with all 25 tech tips here. I hope that these tips save you some time. Email me (michael.kelleher@cogentlegal.com) or give me a call at 510-350-7616 if you have questions about this or any other aspect of litigation technology. . . .

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Latest Ninth Circuit Decision on Rule 26 Discovery From Testifying Experts.

16 Sunday Feb 2014

Posted by Celia C. Elwell, RP in 9th Circuit Court of Appeals, Appellate Law, Attorney Work Product, Court Rules, Court Rules, Discovery, Evidence, Expert Witness, Experts, Federal District Court Rules, Federal Rules of Evidence, Requests for Production, Rule 26, Trial Tips and Techniques

≈ Comments Off on Latest Ninth Circuit Decision on Rule 26 Discovery From Testifying Experts.

Tags

9th Circuit Court of Appeals, Chevron, Cogent Legal Blog, Court Rules, Expert Witnesses, Federal Rule 26, Michael Kelleher, Paul Hastings, Republic of Ecuador v. Mackay, Work Product Objection

Ninth Circuit Rules on Scope of Discovery from Testifying Experts, by Michael Kelleher, Cogent Legal Blog

http://tinyurl.com/knvhgv2

[A] new Ninth Circuit decision about the scope of expert discovery in federal court caught our attention. The decision in Republic of Ecuador v. Mackay, No. 12-15572 (9th Cir. Jan. 31, 2014) poses the question: where the expert has served both as a confidential advisor to counsel and as a testifying expert, may counsel withhold documents shared with the expert by asserting an opinion work product objection? The short answer is no—documents from testifying experts must be produced unless protected by Federal Rule of Civil Procedure 26(b)(4).

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Three Base Hit: An Analysis of Apple v. Samsung, Bookmarking in Adobe, and E-Briefs

23 Saturday Nov 2013

Posted by Celia C. Elwell, RP in Adobe Acrobat, E-Briefs, Legal Technology, Patent Law

≈ Comments Off on Three Base Hit: An Analysis of Apple v. Samsung, Bookmarking in Adobe, and E-Briefs

Tags

Adobe Acrobat Bookmarks, Apple, Cogent Legal Blog, E-Briefs, Intellectual Property, Michael Kelleher, Patent Law, Samsung

An E-Brief Reading Guide to the Latest Decision in Apple v. Samsung, by Michael Kelleher, Cogent Legal Blog

http://tinyurl.com/oax544l

This post is unique. Interesting analysis of Apple v. Samsung and a “how to” on bookmarking Adobe documents and creating and using e-briefs. CCE

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Show the Jury How to Fill in the Verdict Form in Closing Argument

19 Tuesday Nov 2013

Posted by Celia C. Elwell, RP in Closing Argument, Legal Technology, Trial Tips and Techniques

≈ Comments Off on Show the Jury How to Fill in the Verdict Form in Closing Argument

Tags

Closing Argument, Cogent Legal Blog, Jury, Michael Kelleher, Verdict Form

How to Guide the Jury Through the Verdict Form in Closing Argument, by Michael Kelleher, Cogent Legal Blog
http://cogentlegal.com/blog/2013/11/verdict-form/

While I can see how persuasive this would be, I am curious as to whether a judge would rule against this presentation if opposing counsel filed an appropriate motion in limine. CCE

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