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Obtaining and Using Opinions of Counsel

Annora A. Bell, Debra A. Lange & C. Edward Polk, Jr.

In the high-stakes world of U.S. patent litigation, an opinion of counsel can be a useful weapon for defending against claims of patent infringement. This article presents practical tips regarding obtaining and using opinions of counsel under U.S. patent law.

Risks and Rewards of Using Re-examination As a Strategy in Patent Litigation

Larry Roberts

While there are aspects of re-examination that can greatly benefit both the patent owner and the accused infringer, there are also significant risks that must be considered before pulling the trigger on re-examination.

Features

Partnership in Troubled Economic Times

Joel A. Rose

It is vitally important that partners examine the culture of their firm before making "blanket" modifications to the partnership structure/admission practices simply to satisfy the current, and perhaps short-term, economic issues.

Is the Hourly Rate Dead?

Ed Poll

Beyond the daily headlines of layoffs and reductions in force, the current Recession/"Depression" has made another impact on the legal profession: raising more questions about the viability of the billable hour.

Features

Pension Funding: A Program to Maximize Pension Growth and Limit Volatility

Larry Bell

When a Pension is addressing its liabilities and assets, it is important that it present a simple, straightforward way to fund for the future for its participants in a meaningful and effective manner. The volatility of the markets since 2007 has increased demands on the Pensions, as an uneasy balance of influences and the Pension Protection Act of 2006 have required increasing funding levels to meet mandated levels.

Features

In the Marketplace

ALM Staff & Law Journal Newsletters

Highlights of the latest equipment leasing news from around the country.

Features

Vehicle Leasing: Graves Amendment Held Inapplicable to Leased Trailers

Adam J. Schlagman

If you or your clients are in the business of leasing the trailer portions of tractor-trailers take note, a New York County trial court judge has ruled that 49 U.S.C. ' 30106, ("the Graves Amendment"), does not pre-empt actions alleging vicarious liability with respect to "delivery equipment" that does not contain a motor.

Upcoming Event

ALM Staff & Law Journal Newsletters

Nashville Bar Association Annual Entertainment Law in Review

Who Moved My FASB?

John LaBella & Wing Wong

The FASB's Accounting Standard Codification topical system has permanently changed how accountants, lawyers, educators, regulators, and finance professionals will cite and research myriad rules that govern how companies account for and present their financial transactions and financial statements.

Bit Parts

Stan Soocher

Bank Not Liable for Unauthorized Film Loan Transfer<br>Disney Owns "Pooh" Copyrights and Trademarks

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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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