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Movers & Shakers

ALM Staff & Law Journal Newsletters

Who does what; who goes where.

Drug & Device News

ALM Staff & Law Journal Newsletters

All the latest information you need to know.

Features

Med Mal News

ALM Staff & Law Journal Newsletters

The latest news in your practice area.

Features

What Went Wrong?

Janice G. Inman

A recent U.S. Court of Appeals for the Federal Circuit decision reversing the U.S. Court of Federal Claims' denial of a vaccine injury claim highlights the widening gulf between the Federal Circuit and Federal Claims court on vaccine cases.

Features

Federal Circuit Reverses Denial of Vaccine Injury Claim

Sheri Qualters

A recent U.S. Court of Appeals for the Federal Circuit decision reversing the U.S. Court of Federal Claims' denial of a vaccine injury claim highlights the widening gulf between the Federal Circuit and Federal Claims court on vaccine cases.

Features

Medical Providers and Social Networking Sites

Linda S. Crawford

In many ways, today's social networking systems are wonderful tools, bringing people together ' and no longer just the domain of teenagers. But these networking systems raise a set of issues that require us to think about confidentiality and professionalism in a new way.

DEBT Is a Four-Letter Word

Kathy Hensley & Rob Schlegel

Matrimonial attorneys must be able to distinguish elements of leverage risk that are accentuated in today's economy in order to present overvaluing business equity. Here's how.

Features

Divorce Windfall Not Unconscionable

Mark Faas

'Courts will not set aside an agreement on the ground of unconscionability simply because it might have been improvident,'" a panel recently held in <i>Etzion v. Etzion</i>, 2008-00759.

Features

Court-Appointed or Jointly Retained Financial Experts

William J. Morrison

Financial experts are generally used in matrimonial matters to identify, value and help in the distribution of marital assets and also opine on issues such as income, cash flow, tax consequences or marital liabilities. This article focuses on the expert who is retained to render his or her own opinion.

Case Notes

ALM Staff & Law Journal Newsletters

Recent rulings of interest to you and your practice.

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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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