Introduction Counterfeiting has been described as “the world’s second oldest profession.” In 2018, worldwide counterfeiting was estimated to cost the global economy between USD 1.7 trillion and USD 4.5 trillion annually1, as well as resulting in more than 70 deaths and 350,000 serious injuries annually.2 It is estimated that more than a quarter of US […]
Ocean Tomo Expert Testimony
Evolving Landscape of Technology Rights Enforcement
In this article, James E. Malackowski and Cole Kartman analyze the evolution of Technology Rights Enforcement (TRE) specific to patents, trade secrets, and copyrights and predict where the trends are heading.1 Introduction Established 25 years ago at the turn of the century by the World Intellectual Property Organization (WIPO), World IP Day celebrates the unique […]
Two Leading Patent Professionals & Intellectual Property Strategists Join Ocean Tomo, a part of J.S. Held
Renowned intellectual property experts David Kennedy and Larry Tedesco have joined Ocean Tomo, a part of J.S. Held. Many of our experts have known and worked with David and Larry for decades. We are grateful to have them now as part of the Ocean Tomo team, enhancing our scope of experience and ability to provide […]
Expert Testimony and Fair Use: Decision in Alexander v. Take-Two Interactive Software
Earlier this week, Law360 reporter Ivan Moreno reported on the judge’s order in Alexander v. Take-Two Interactive Software Inc. et al. In the recent case of Alexander v. Take-Two Interactive Software Inc., case number 3:18-cv-00966, the U.S. District Court for the Southern District of Illinois made a notable decision that may have implications for copyright […]
The Caitlin Clark Effect, Salaries and Name, Image, Likeness in the WNBA
In May 2024, Caitlin Clark, the standout Iowa Hawkeyes point guard, joined the Indiana Fever. Her rookie debut coincided with an almost 200% increase in viewership for the WNBA1—the so- called “Caitlin Clark Effect.” Of course, Clark is not personally responsible for the spike. Other rookie players such as Angel Reese and Cameron Brink drew […]
Case Law Update: Timing of Technical Expert Analysis of Non-Infringing Alternatives in Smart Path Connections
Recent case law may impact the timing of defendant technical expert analysis and opinion regarding non-infringing alternatives in patent infringement litigation. On March 13, 2024, Magistrate Judge Roy S. Payne, in the United States District Court for the Eastern District of Texas, Marshall Division, issued an order in Smart Path Connections, LLC, v. Nokia of […]
A Better Approach to Collaboration Between Technical and Financial Experts in Intellectual Property Litigation
Technology related litigation, e.g., patent infringement and trade secret misappropriation matters, requires an explanation of complex concepts to the judge and jury. The responsibility for such explanations often falls to experts. Technical experts in patent infringement matters describe how elements of the asserted patent claims are (or are not) embodied in the accused product, to […]
Expert Testimony Insights on Trade Secrets
In a matter involving misappropriation of trade secrets related to software tools used in the healthcare industry, Syntel Sterling Best Shores Mauritius Ltd. v. Trizetto Grp., Inc., 68 F.4th 792, the Court of Appeals for the Second Circuit’s (“Second Circuit”) Order identified factors that may guide the recovery of damages based on avoided costs under […]