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Features

Ailes Ends Attempt To Get Carlson Suit Decided By NY Fed Court

Charles Toutant

After arguing that New Jersey was an improper venue for former Fox News anchor Gretchen Carlson's suit accusing him of sexual harassment, former Fox News CEO Roger Ailes agreed to drop his effort to transfer the suit's venue to the U.S. District Court for the Southern District of New York.

Features

Third Circuit Sets Standard for Facebook Chat Evidence

P.J. D'Annunzio

Rejecting the appeal of a convicted child molester who used Facebook to exchange explicit photos of minors, a federal appeals court clarified how online chats can be authenticated as criminal evidence.

Features

<b>Decision of Note</b> Film Payments Don't Toll Lawsuit Limitations Period

Stan Soocher

In its first ruling on the issue, the Court of Appeal of Florida decided that film distribution payments didn't fall under the state's "continuing tort" doctrine for purposes of extending the statute of limitations in a lawsuit alleging tortious interference with business relationship.

Features

California View: Can <i>Pok'mon Go</i> Players Hold Game Developer Liable?

Brian S. Kabateck & Natalie S. Pang

Within the first week of its release, the enhanced-reality game <i>Pok'mon Go</i> garnered 21 million users in the United States alone. The location-based game received praise for getting people out of the house and harsh criticism as a nuisance and for its role in accidents. Among the litany of legal issues the game raises is whether players can hold the game developers at Niantic liable if they walk off cliffs, crash their cars, illegally cross the border or happen upon a land mine.

Columns & Departments

Bit Parts

Stan Soocher

Artist Merchandise-Approval Form Doesn't Shield Live Nation From Liability for Willful Infringement of Photographer's Works<br>Country Artist Wins Attorney Fees After Prevailing in Record Label's End-Run Copyright Suit<br>District Court in Fourth Circuit Decides Copyright Office Must Act on Registration Application Before Plaintiff Can Proceed With Infringement Suit<br>

Features

<i>Pok'mon Go</i> Raises a Variety of Liability Issues

Robert D. Lang

Every generation has its own new fads, which can sweep across the country, if not the world, seemingly from nowhere, capturing the imagination and attention of millions. With the exception of a few fads, these activities, however brilliant or mindless, do not create legal issues and potential litigation involving those who participate. <i>Pok'mon Go</i> is one of those exceptions.

Columns & Departments

IP News

Jeffrey S. Ginsberg & Benjamin H. Weissman

Federal Circuit: <i>Halo Electronics</i> Sent Back to District Court <br>

Columns & Departments

Business Crimes Hotline

Analysis of a fraud case out of Georgia.

Features

<b><i>BREAKING NEWS:</b></i> Twitter Fends Off Suit Over ISIS Attack

Ben Hancock

A federal judge on Aug. 9 dismissed a suit against Twitter Inc. that seeks to hold the social media platform liable for a 2015 terrorist attack in Jordan that left two Americans dead and was linked to the Islamic State, or ISIS.

Features

How to Understand and Protect the Data in Your Enterprise

Bill Lederer

Especially in a time where cybersecurity remains in the headlines on a regular basis, it's crucial to understand what data exists in order to protect it. Where's your data? What if you lost track of some of it? What if attackers copied it?

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    Most experienced intellectual property attorneys understand the significant role surveys play in trademark infringement and other Lanham Act cases, but relatively few are likely to have considered the use of such research in patent infringement matters. That could soon change in light of the recent admission of a survey into evidence in <i>Applera Corporation, et al. v. MJ Research, Inc., et al.</i>, No. 3:98cv1201 (D. Conn. Aug. 26, 2005). The survey evidence, which showed that 96% of the defendant's customers used its products to perform a patented process, was admitted as evidence in support of a claim of inducement to infringe. The court admitted the survey into evidence over various objections by the defendant, who had argued that the inducement claim could not be proven without the survey.
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  • In the Spotlight
    On May 9, 2003, the U.S. Attorney's Office for the District of Massachusetts announced that Bayer Corporation, the pharmaceutical manufacturer, had been sentenced and ordered to pay a criminal fine of $5,590,800 stemming from its earlier plea of guilty to violating the Federal Prescription Drug Marketing Act by failing to list with the FDA its drug product, Cipro, that was privately labeled for an HMO. Such listing is required under the federal Food, Drug &amp; Cosmetic Act. The Federal Prescription Drug Marketing Act, Pub. L. 100-293, enacted on April 22, 1988, as modified on August 26, 1992 by the Prescription Drug Amendments (PDA) Pub. L. 102-353, 106 Stat. 941, amended sections 301, 303, 503, and 801 of the Federal Food, Drug, and Cosmetic Act, codified at 21 U.S.C. '' 331, 333, 353, 381, to establish requirements for distributing prescription drug samples.
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