Like all expert opinion testimony, an expert’s survey-based opinions in trademark cases are only admissible if they meet the standards set forth in Fed. R. Evid. 702 and Fed. R. Evid. 403. Rule 702 codifies the Daubert requirement for admissibility of scientific evidence. Rule 403 allows a court to exclude evidence if its probative value is substantially outweighed by a danger of, among other things, “unfair prejudice, confusing the issues, [or] misleading the jury.”
Litigation
- Bristol Myers Says AstraZeneca’s Imjudo Infringes Yervoy Patent
- Federal Circuit Upholds Albright’s Ruling on Denial of Transfer for GM
- High Court Asks for SG Views on Apple’s Petition Challenging Federal Circuit Approach to IPR Estoppel
- Albright Gets OK from CAFC on Denial of Transfer for Amazon
- This Year is Poised to Be a Landmark One for Tattoo Copyright Litigation
Recent Posts
- This Week in Washington IP: IPWatchdog Event to Review the State of the PTAB; US Inventor Protests in D.C.; and the House Considers Supply Chain Challenges
- SCOTUS Sustains Blow to Patent Prosecution Practice in Denying Juno v. Kite Rehearing
- Opinion: Restoring The Road Less Traveled – American Invention at a Crossroad
- An Alternative to Claim Mirroring in Initial Patent Application Filing
- Bristol Myers Says AstraZeneca’s Imjudo Infringes Yervoy Patent