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In an April 18, 2012 Opinion, the U.S. Supreme Court in Kappos vs. Hyatt (10-1219) opened the door for expert testimony in federal district court actions in which a patent applicant challenges the USPTO’s denial of an application. The Opinion framed the issue being reviewed as follows: The Patent Act of 1952 establishes the process …
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Permanent link to this article: https://betweenthenumbers.net/2012/05/expert-testimony-may-become-common-in-uspto-appeals/
In Newell Rubbermaid, Inc. vs. The Raymond Corporation (No. 10-3912, April 3, 2012), the Sixth Circuit evaluated the trial court’s exclusion of Plaintiff’s expert testimony, and related successful defendant motion for summary judgment because of a failure to have minimally-required expert witness evidence. In upholding the trial court’s exclusion under the abuse of discretion standard, …
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Permanent link to this article: https://betweenthenumbers.net/2012/05/sixth-circuit-provides-practical-guidance-regarding-expert-testimony-admissibility/
In Tussey vs. ABB. Inc. (Case No. 2:06-CV-04305-NKL, March 31, 2012), a United States District Court for the District of Western Missouri decided an important case regarding common fees and revenue sharing within 401(k) plans. The case imposed extensive liability on the plan sponsor, resulting in $36.9 million of damages, plus Plaintiff’s attorneys’ fees. We …
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Permanent link to this article: https://betweenthenumbers.net/2012/05/big-plaintiff-victory-in-revenue-sharing-401k-trial/
In T.C. Memo 2012-115 (April 19, 2012), a taxpayer won a notable tax case involving the hobby loss rules. The Tax Court framed the issue as follows: We must decide whether petitioner’s documentary film production activity was a trade or business or a labor of love. Respondent asserts that Smile ‘Til It Hurts was the …
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Permanent link to this article: https://betweenthenumbers.net/2012/04/filmmaker-wins-key-victory-in-deducting-losses/
AOL recently announced the sale of over 800 patents and patent applications to Microsoft, and a non-exclusive license covering the rest of its retained patent portfolio. The sale price is $1.056 billion in cash. The sale includes the stock of an AOL subsidiary, which allows AOL to offset the patent sales against a loss involving …
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Permanent link to this article: https://betweenthenumbers.net/2012/04/aol-surprise-sale-shows-the-value-of-mapping-technology/
After a jury trial, ATA Airlines (ATA) won a nearly $66 million verdict against Federal Express Corporation (FedEx). FedEx appealed that ruling. In ATA Airlines, Inc. v. Federal Express Corp., No. 11-1382 (7th Cir. Dec. 27, 2011), a distinguished panel consisting of Justices Easterbrook, Posner, and Wood criticized the complex damages analysis accepted by the …
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Permanent link to this article: https://betweenthenumbers.net/2012/04/case-provides-primer-on-regression-analysis-and-what-can-go-wrong/
The long-awaited movie adaptation of the book, “The Hunger Games”, opened last night. The publicity and anticipation for the opening was intense. The movie’s success is assured. Although no one will miss the action, at its core, the movie genre involves teenage coming-of-age, combined with a love story. But, practically none of the publicity and …
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Permanent link to this article: https://betweenthenumbers.net/2012/03/hunger-games-has-an-important-but-usually-missed-theme/
A former bank executive filed suit against the Internal Revenue Service (IRS) for failing to pay him a whistleblower award for information submitted in 2007. As initially reported in the Washington Post, Joseph Insinga … alleged that Rabobank Group, where he worked as an executive for more than a decade, helped seven companies avoid hundreds …
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Permanent link to this article: https://betweenthenumbers.net/2012/03/irs-ignoring-payments-required-by-its-whistleblower-program/
On February 16, 2012, in Cast Art Industries, LLC v. KPMG LLP (A-51/52-10) (066891), the New Jersey Supreme Court unanimously reversed an Appellate Court decision that had upheld liability against KPMG failing to uncover accounting fraud involving an acquisition by Cast Art Industries of KPMG client Papel. The decision upheld the privity requirements of New …
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Permanent link to this article: https://betweenthenumbers.net/2012/03/nj-supreme-court-case-requires-privity-of-contract-in-accounting-malpractice-suits/
In California multiple (usually defense-oriented) articles are being published about the importance of a class action trail reversal in re: Duran v. US Bank National Association, California Court of Appeal, 1st Appellate Dist., (February 6, 2012). The articles incorrectly claim that statistical sampling cannot be used to prove liability in a class action case. The …
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Permanent link to this article: https://betweenthenumbers.net/2012/03/duran-class-action-reversal-not-near-as-important-as-suggested/
Mar 23
Hunger Games has an Important (but usually missed) Theme
March 23, 2012
The long-awaited movie adaptation of the book, “The Hunger Games”, opened last night. The publicity and anticipation for the opening was intense. The movie’s success is assured. Although no one will miss the action, at its core, the movie genre involves teenage coming-of-age, combined with a love story. But, practically none of the publicity and …
Continue reading