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Challenges to Stem Cell Patents in Europe and the U.S.

A. Antony Pfeffer & John Murray

New methods of stem cell research, such as the recent conversion of skin cells into stem cells, may escape ethical barriers that currently exist in European patent law. In addition to their potential ability to sidestep the ethical barriers to patenting stem cells, these new research approaches can open new scope for researchers to perform stem cell research in the United States.

Features

Across the Great Divide: Dealing with the Legal Profession's Generation Gaps

Douglas B. Richardson

To manage today's younger-generations lawyers effectively, law firm and law department managers must relate to them as individuals, validate their self-interest, and communicate with them candidly and realistically.

Features

Finding and Working with Consultants

Sharon Meit Abrahams

This article provides pointers as to how to hire the best consultant for your firm's job and how to ensure the work product you desire.

Features

Dealing with Merger Financial Data

Jonathan S. Kuo

When two law firms undertake merger discussions, they eventually exchange financial information. Here, we have compiled a short list of do's and don'ts to combat avoidable problems related to merger financials.

PC Partners Face NY Tax Challenge: Will Other States Follow?

Sheldon I. Banoff

Last year, we informed readers of the rediscovery by some partners in multi-state partnerships of the benefits of becoming a professional corporation ('PC') partner in their law firms, primarily to obtain state income tax savings. New York recently enacted legislation that would potentially adversely affect that strategy, including those who incorporated long before the legislation was passed, and it is unclear whether other states may follow.

Movers & Shakers

ALM Staff & Law Journal Newsletters

News about lawyers and law firms in the franchising industry.

News Briefs

ALM Staff & Law Journal Newsletters

Highlights of the latest franchising news from around the country.

Court Watch

Cynthia M. Klaus

Highlights of the latest franchising cases from around the country.

Features

Arbitration: Is the Silver Bullet a Dud?

Michael Bowen

On the strength of a substantial body of real-world experience with arbitration as a dispute-resolution norm, many franchisors are asking whether their dogged pursuit of arbitration was actually a mistake.

Features

Ten Rules for Franchisors to Reduce Litigation Risks

John Edward Connelly, William L. Killion & Brian B. Schnell

For franchisors who do business consistent with a few critical (and largely common-sense) rules, freedom from excessive lawsuits and from truly damaging litigation results is not out of reach.

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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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