Law Commons^™

Clash Of The Titans: Daubert V. Markman - Fact Experts In Legal Hearings, Sam S. Han

Sam Han

Almost every complex litigation invites participation from expert witnesses, typically designated as Daubert witnesses. Patent litigation is no exception, and almost all patent lawsuits involve multiple experts on a myriad of issues. During the course of patent litigation, a specialized proceeding, called a Markman proceeding, is required to properly construe the patent claims. Typically, Markman proceedings are dispositive of the entire case, since the party that wins the claim construction usually wins the infringement issues. Peculiarly, two Supreme Court cases create a practical schism in using Daubert experts for Markman hearings. Namely, the Supreme Court, in Markman v. Westview Instruments, …

Predicting The Enforceability Of Browse-Wrap Agreements In Ohio, Sam S. Han

Sam Han

Internet-based commerce has now reached a level where Internet-based businesses, such as amazon.com or ebay.com, sometimes generate more revenue than their brick-and-mortar counterparts. In view of the growth in Internet-based businesses, the courts have been forced to address unconventional contracting mechanisms, such as shrink-wrap, click-wrap, and browse-wrap agreements. Much of the scholarly writing, as well as court opinions, reach a consensus that browse-wrap agreements will be enforceable if there is: (a) sufficient notice of the agreement terms; and (b) clear manifestation of assent to the terms. However, there is very little guidance on how much notice will constitute "sufficient notice." …

Model Omnibus Privacy Statute, Sam S. Han Ph.D.

Sam Han

One of today’s major concerns is how easily digital information can be copied and disseminated. Thus, when one’s private information becomes publicly available in digital format, that information can be readily duplicated and distributed across the globe within seconds. If the disseminated information includes credit card numbers or Social Security numbers, then there is a heightened exposure to identity theft and a host of other privacy-related crimes.

Given the existence of such a digital landmine, laws have been promulgated for various sectors (e.g., financial, healthcare, government, etc.) to protect personally-identifiable information. However, due to differing needs of the various sectors, …