JD Supra

McGuireWoods LLP's Amanda Wieker writes: As a PTAB APJ for nearly 10 years, I experienced firsthand the value that well-presented expert testimony can provide to the panel. However, certain predictable pitfalls continue to permeate parties’ use of expert witnesses, damaging their expert’s credibility and diminishing the weight given to their testimony. Common pitfalls include a lack of support for the expert’s testimony, improper incorporation by reference, improper gap filling and failure to satisfy the qualifications of a POSITA. Such pitfalls can be avoided with diligent and skillful preparation. #ptab #expertwitnesses #experttestimony #patents #intellectualproperty

From Fenwick & West: The house doesn’t always win—a federal jury awarded nearly $25 million in damages to a class of consumers in Washington State after a district court in?Larsen v. PTT, LLC?determined that certain “social casino” games operated by High 5 Games was illegal gambling under state law. #gambling #gaming #gamedevelopers #virtualcurrency

From Morgan, Lewis & Bockius LLP: As 2025 unfolds, changes across the patent landscape are unfolding. From agency leadership transitions to proposed legislation and evolving AI-related policies, these shifts could impact patent prosecution, post-grant proceedings, and strategic considerations for companies and practitioners. This LawFlash provides a high-level overview of key developments impacting proceedings at the USPTO, including (1) leadership and operational changes, (2) legislative initiatives, and (3) policy revisions. #patents #uspto #intellectualproperty #artificialintelligence

From Blake, Cassels & Graydon LLP: Canadian consumers have become increasingly supportive of buying homegrown products, scrutinizing product labels like never before. At the same time, Canadian businesses are working tirelessly to satisfy the surging demand for products made in Canada. While making origin claims about products is generally voluntary, there can be significant legal risks from both regulators and civil claimants if those claims are false or misleading. #productlabels #madeincanada #productofcanada #marketing #liability

From Axinn, Veltrop & Harkrider LLP: ...even amid major regulatory shifts by the Trump administration in other areas, the FTC’s challenge against GTCR/Surmodics and other recent moves by both the FTC and DOJ may signal continuity rather than disruption in antitrust enforcement. #antitrust #trumpadministration #ftc #doj #mergersandacquisitions

From Ius Laboris: The EU AI Act came into force on 1 August 2024, and the first obligations now apply, having taken effect on 2 February 2025. These obligations relate to promoting artificial intelligence literacy on the one hand and banning certain AI practices on the other. From 2 August 2026, most obligations must be complied with by organisations covered by the Act. #eu #europeanunion #artificialintelligence #ai #euaiact

From Pillsbury Winthrop Shaw Pittman LLP: ... legislation to change tax policy and to implement accompanying budget cuts to “pay for” potential decreased federal tax revenues is the signature legislative agenda item for the Washington Republicans during the first year of President Trump’s second term. The key question surrounding the legislation is how comprehensive a tax plan Congress can pass given the small majorities held by Republicans in the House and Senate, the procedures by which the legislation advances, the competing legislative priorities, and the already large federal budget deficit. #taxpolicy #congress #taxproposals #tcja

?Buchalter's Kripa Upadhyay writes: As the Trump administration continues to implement changes to #immigration policies affecting adjudications within the U.S. and at consular posts abroad, the following recommendations are provided to Human Resources professionals and employees/travelers to consider before making travel plans. #trumpadministration #employers #visas #foreigntravel

From King & Spalding: The federal FTO designation of the Mexican drug cartels and TCOs unlocks several state laws, creating an opening for potential legal actions in state courts brought by Attorneys General, local District Attorney’s offices, and private plaintiffs. Multiple states have a triggering clause in their criminal code, adopting a definition of “terrorist organizations” as those designated by the U.S. Secretary of State, and states have enacted prohibitions on providing “material support” to such organizations with broad language similar to the federal prohibition. #statedepartment #terroristorganizations #criminalorganizations #drugcartels #stateenforcement

From Brownstein Hyatt Farber Schreck: This alert takes a closer look at the various types of tariffs proposed by the administration to date and outlines key upcoming dates to provide insight into the administration’s next steps. #tariffs #trumpadministration #canada #mexico #china