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Features

<b>Special Issue:</b> The Fifth-Anniversary MLF 50

Elizabeth Anne 'Betiayn' Tursi

At long last, marketing and communications can take center stage and become the key indicator by which law firms can measure their success ratio.

Features

IP News

Howard J. Shire & Matthew Berkowitz

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

Features

Accepting a 2(f) Registration

Stephen W. Feingold

There are many ways that accepting a 2(f) notation can come back and haunt you once litigation has commenced.

Features

Inequitable Conduct

Gregory F. Wesner

Taking a page from the Federal Circuit's own analysis of the issue, we will examine the who, what, when, where (and why) of the decision in <i>Exergen Corporation v. Wal-Mart Stores, Inc.</i>

Features

Is the Federal Circuit Playing with Fire?

Tammy Van Heyningen

Less than two months before the Supreme Court is scheduled to review the Federal Circuit's <i>en banc</i> decision in <i>In re Bilski</i> that found Bilski's business method claims unpatentable under 35 U.S.C. &sect; 101, the Federal Circuit held in <i>Prometheus Labs., Inc. v. Mayo Collaborative Servs.</i> (Fed. Cir. 2009) that claims to a diagnostic method are patent-eligible subject matter. The Federal Circuit reversed the district court's decision and held that Prometheus' personalized medicine claims satisfied the machine or transformation test set out in <i>Bilski</i>.

Franchise Relationships Beyond the Contract

Kevin Adler

Attendees at the 32nd Annual ABA Forum on Franchising were given a timely reminder of the importance of relationships in franchising during a keynote presentation by Greg Nathan, managing director of the Franchise Relationships Institute (Brisbane, Australia).

Features

FTC Reassures Bloggers: Big Brother Isn't Watching

Jenna Greene

Bloggers of the world, relax ' the Federal Trade Commission ("FTC") is not out to get you. That was the message from Mary Engle, associate director for advertising practices at the FTC's Bureau of Consumer Protection.

Features

Revised FTC Guidelines: Blogger Beware

Kelly D. Talcott

Regular readers of blogs and other Internet-based sources of news and information know it's not unusual to see product reviews in these virtual venues. While the reviews sometimes appear to be careful, impartial journalism, other times the writer seems just a bit too enthusiastic about the post's subject matter. Of course, readers have good reasons to question just how impartial the authors of these reviews might be.

Enforceable Browse Wrap Contracts

Karen Berger & Jonathan Bick

With the growth in its popularity, and the evolving sophistication of technology to offer and execute it, e-commerce is increasingly automated. In the past, Internet sites used terms of use agreements that include an Internet mechanism to affirm consent to be bound by the agreement ("click-wrap"). But more often than ever, browse-wrap agreements are replacing click-wrap agreements.

Location, Location, Location

Stanley P. Jaskiewicz

Today, no business starts without planning its Web site and online strategy. But is the same attention given to the choice of the Web site host as to the more exciting aspects of the site design? For example, you should not choose your host on price alone, as a commodity purchase. Instead, you should consider other factors, just as in choosing any vendor or business partner.

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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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    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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