This first post in The Worst Case blog focuses on the skills, resources, and techniques needed to properly perform a worst-case circuit analysis and some of the reasons why worst-case circuit analysis ...

Takeaway: We have written about the use of survey-based conjoint analyses to prove class-wide damages. See Ninth Circuit summarily reverses exclusion of conjoint survey with “major flaws” (January 18, ...

The James R. Browning U.S. Court of Appeals Building, the headquarters of the Ninth Circuit, in San Francisco. (Sanfranman59, CC BY-SA 4.0, via Courthouse News) (CN) — A licensed attorney who brought ...

“A reviewing court is unable to adequately, reliably, or fairly give deferential review to a district court’s incomplete likelihood of confusion analysis that does not explain its factual findings and ...

An analysis of 143 Rule 23(f) petitions at the U.S. Court of Appeals for the Ninth Circuit reveals a "striking" divergence in grant rates for petitions filed by plaintiffs and those filed by ...

Many contracts these days, including employment contracts, have provisions requiring that disputes be arbitrated rather than filed in a court. Nevertheless, a party to such an agreement will often ...

“Since June 2014, Federal Circuit panels invalidated patent claims based on Section 101 at a high rate. At Step 1, these panels found the claims ‘directed to’ ineligible subject matter 82.1% of the ...