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Quarterly State Compliance Review

Sandra Feldman

This edition of the Quarterly State Compliance Review looks at some legislation of interest to corporate lawyers that went into effect between Nov. 1, 2012 and Jan. 1, 2013. It also reviews some recent decisions of interest, including two from the Delaware Supreme Court.

Features

In the Courts

Matthew J. Alexander & Christian E. Izaguirre

A recent case about sentencing guidelines.

Features

Return of the Undead: Golan v. Holder and the Public Domain

Jonathan Moskin

A recurring issue in intellectual property law is the possibility of establishing rights in subject matter from the public domain and drawing the boundaries between what is public and private. The issue arose in one guise in <i>Golan v. Holder</i>, 132 S.Ct. 873 (2012), which upheld the constitutionality of the Uruguay Round Agreements Act (or, informally, Copyright Restoration Act), granting U.S. copyright protection to certain works that had passed into the public domain in the United States, but which were still protected in their country of origin.

Features

Ninth Circuit Amends Recent Decision

Brian Oubre

The U.S. Court of Appeals for the Ninth Circuit has issued an amended decision to retract <i>Du v. Allstate Ins. Co. et al.</i>, in which the court opined that, under California law, an insurer has a duty to promptly effectuate settlement when liability of its insured is reasonably clear, even absent a settlement demand by the claimant.

Features

<b><i>BREAKING NEWS:</b></i> Supreme Court to Hear Historic Same-Sex Marriage Cases

Marcia Coyle

Opening the door to a potentially historic step in the nation's gay rights movement, the U.S. Supreme Court on Nov. 7 agreed to decide two constitutional challenges involving same-sex marriage.

Features

IP News

Howard J. Shire & Joseph Mercadante

Highlights of the latest intellectual property news from around the country.

Features

Protecting Reality TV Formats

Michael I. Rudell & Neil J. Rosini

The nature of reality television programs is a relatively modern concern and &mdash; like reality itself &mdash; doesn't lend itself well to copyright protection.

Features

Contracting Away a Controversy: Nike v. Already LLC

Aaron Johnson

In a case that could have important ramifications for trademark owners, as well as owners of other intellectual property and infringing defendants, the U.S. Supreme Court on Nov. 7, 2012, heard oral argument in <i>Already LLC v. Nike, Inc.</i> The case revolves around under what circumstances a covenant not to sue can defeat jurisdiction.

Features

Drug & Device News

ALM Staff & Law Journal Newsletters

A discussion of several key cases.

Features

Bit Parts

Stan Soocher

Second TV "Series Year" Can't Overlap with First Year in Determining Showrunner's Profit Participation<br>Song Copyrights Co-Owner Lil Wayne Not Affected By Prior Court Ruling Against His Co-Owners<br>World of Warcraft Extension Packs May Restart Single-Publication Period

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MOST POPULAR STORIES

  • Surveys in Patent Infringement Litigation: The Next Frontier
    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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