At Fordham Intellectual Property Law & Policy Conference April 25 2025 I spoke on “Google vs EcoFactor. Controlling the Expert Witness in Patent Cases”. Does Federal Rules of Evidence Rule 702 with its recent amendments adequately limit the trial judge’s discretion to admit or reject an expert opinion? How to achieve consistency and reliability under a highly differential, inherently discretionary standard? When should a court step-in to bar expert testimony when there is insufficient factual basis for its conclusions? Can royalty rates be derived from lump sum license agreements that contain non-binding “whereas” clauses?
I also spoke on a panel on web site blocking: comparing insights from different countries. I gave a review of web site blocking decisions in Canada. The panel was chaired by Dean Marks and included Karyn Temple, Justin Hughes, Hon. Richard Meade, Jan Nordemann and Alain Strowel.