Preclusive effect of factual determinations of the International Trade Commission with regard to patent matters
Article Abstract:
Factual determinations made by the International Trade Commission (ITC) on patent issues should be given preclusive effect by district courts. Congress has explicitly stated that legal determinations by the ITC should not be given preclusive effect, but the effect of the ITC's factual determinations has not been determined. Support for the application of collateral estoppel in such cases is based on similarity of procedures followed by the ITC and the district courts. In addition, recognition of the ITC's factual determinations would save time and resources when the same issue comes before a district court and would also help to maintain the ITC's viability.
Publication Name: University of Chicago Law Review
Subject: Law
ISSN: 0041-9494
Year: 1995
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After West Virginia: the fate of expert witness fee shifting in patent litigation
Article Abstract:
The US Supreme Court in West Virginia University Hospitals, Inc v Casey ruled that shifting of expert witness fees as part of attorney's fees was not allowed in a civil rights action, but the ruling should not apply to patent cases. The Federal Circuit has allowed shifting of expert witness fees under Section 285 of the Patent Act in exceptional patent infringement cases. This practice is consistent with the courts' equity power and should not be invalidated by the West Virginia ruling.
Publication Name: University of Chicago Law Review
Subject: Law
ISSN: 0041-9494
Year: 1992
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The forgetful witness
Article Abstract:
Witness forgetfulness may be compensated by introduction of prior statements under hearsay exceptions in Federal Rules of Evidence 803 and 804. Impeachment of the witness may result when there is evidence that the forgetfulness is feigned. Witness forgetfulness also raises issues concerning the Sixth Amendment right of confrontation which were considered in the cases of California v Green and United States v Owens.
Publication Name: University of Chicago Law Review
Subject: Law
ISSN: 0041-9494
Year: 1993
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