Showing results 1-4 of 4.


  Phillips v. AWH Corp. - Federal Circuit

Decided: 7/12/2005

We have also held that extrinsic evidence in the form of expert testimony can be useful to a court for a variety of purposes, such as to provide background on the technology at issue, to explain how an invention works, to ensure that the court's understanding of the technical aspects of the patent is consistent with that of a person of skill in the art, or to establish that a particular term in the patent or the prior art has a particular meaning in the pertinent field. ... During so called Markman "hearings," which are often longer than jury trials, parties battle over experts offering conflicting evidence regarding who qualifies as one of ordinary skill in the art; the meaning of patent terms to that person; the state of the art at the time of the invention;

Cited 84 times
Angle Thermal protection Heat transfer Lexicography Applied linguistics 

  US v. Chischilly - 9th Circuit

Decided: 7/25/1994
District Court Decision: Admitted
Appellate Court Decision: Affirmed

Chischilly first challenged the reliability of the Government's DNA extraction and matching procedures on the following grounds: (1) the Government's experts were either drawn from the overly narrow field of forensic scientists, a group predisposed to accept new forensic techniques, or had a career interest in testifying on behalf of the FBI; (2) contaminants could have affected some of the samples relied on by the FBI in its DNA analysis and led to unreliable results; (3) inconsistencies in the gel used by the FBI in the electrophoresis process may affect the mobility of the alleles[7] in the DNA 1153*1153 fragments; (4) ethidium bromide, used by the FBI but not most research laboratories in gel electrophoresis, may retard the migration of DNA fragments through the electrophoretic gel; (5) the presence of additional bands on the autorads[8] interpreted in the RFLP[9] test may have indicated that the DNA samples were degraded; ... While perhaps support for exclusion of Chischilly's DNA test results under the superseded Frye test, with its requirement of general acceptance of a theory in the scientific community, these same statements take on the hue of adverse admissions under Daubert's more liberal admissibility test: evidence of opposing academic camps arrayed in 1156*1156 virtual scholarly equipoise amidst the scientific journals is scarcely an indication of the "minimal support within a community" that would give a trial court cause to view a known technique with skepticism under Daubert's fourth factor.

Cited 38 times
Classical genetics Psychiatric diagnosis Restriction enzymes Psychoactive drugs Intellectual disability 

  Donahue v. Barnhart - 7th Circuit

Decided: 1/25/2002

Asked what jobs could be performed by an illiterate person who has some back pain and difficulty interacting with others, can lift 25 pounds frequently and 50 pounds occasionally, and can stand or walk for 6 hours during a working day but needs to sit when back pain and dizzy spells occur, the vocational expert replied that the Milwaukee area alone offers some 5,000 janitorial jobs, 3,000 assembly jobs, and 1,500 hand-packing jobs that satisfy these limitations. ... But after hearing the testimony of a vocational expert, the administrative law judge concluded that Donahue could perform lowstress tasks with moderate exertional requirements, such as janitorial work, and therefore is not disabled — for supplemental security income is not a form of unemployment insurance and is unavailable if any do-able work exists in the national economy, even if other persons with better skills are likely to be hired instead.

Cited 8 times
Applied linguistics Commercial item transport and distribution Transport occupations 

  Ortiz v. US - 8th Circuit

Decided: 12/19/2011
District Court Decision: Excluded
Appellate Court Decision: Reversed/Remanded

The contested evidence consists of (1) two documents showing Ortiz was not issued a Texas driver's license, but did have a Texas identification card; (2) declarations and opinions of purported experts in the field of I.Q. testing who challenge Dr. Vasquez's, and by implication, the district court's methodology in assessing Ortiz's mental status; (3) declarations from members of Ortiz's Colombian family claiming trial counsel did not attempt to contact them and summaries of mitigating testimony they could have supplied; (4) a declaration from an interpreter for trial counsel regarding Ortiz's cooperation; and (5) declarations from individuals claiming Pace's stated reason for not presenting testimony from planned mitigating witnesses Cooper, Reed, and Riley, was false. ... At a minimum, Ortiz argues we should remand for proper fact-finding and a "full and fair resolution" because the district court violated Ortiz's rights by sua sponte deeming Dr. Weinstein's testimony unreliable without notice or an opportunity to contest the Daubert ruling, made erroneous factual findings, and failed to make meaningful findings on several key issues.

Cited 2 times
Psychiatric diagnosis Childhood psychiatric disorders Intellectual disability Neurotrauma Applied linguistics