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<i>'It has now been surprisingly discovered ' '</i>With these words in Purdue Pharma's U.S. Patent Nos. 5,656,295, 5,508,042 and 5,549,912, Endo Pharmaceuticals asserted a basis to challenge the enforceability of Purdue's controlled-release oxycodone formulations due to inequitable conduct. <i>Purdue Pharma L.P. v. Endo Pharms., Inc.</i>, 438 F.3d 1123 (Fed. Cir. 2006).
On Oct. 25, New Jersey stopped short of becoming the second state in the nation to legalize same-sex marriage by judicial fiat. The state's high court, while declaring unconstitutional state laws that deny same-sex couples the financial and social benefits and privileges given to married heterosexuals, held that fixing the problem is a legislative task ' and gave lawmakers 180 days in which to do it.
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New York's Dewey Ballantine and San Francisco's Orrick, Herrington & Sutcliffe have taken another step toward completing a merger. According to a statement released Wednesday morning, the management and executive committees at both firms announced to their respective partners that they intend to recommend approving the combination. A full partnership vote at both firms is expected before the end of the year.
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Typically, in an action concerning infringement of a process patent, the activities of an individual party are alleged to infringe one or more of the process patent claims. Under certain circumstances, however, the combined activities of two or more parties may constitute infringement of a process patent claim. Often, courts analyze these situations by determining if 'some connection' exists between the parties whose activities are being combined. This standard, in our view, ultimately defines more activities as infringing than is warranted. A more appropriate standard would be a 'working in concert' standard.
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As one who has devoted most of my career to the growth and development of legal professionals, including lawyers and judges, I can attest to the palpable and perplexing changes that adults experience as they progress in their careers. Without compromising confidences, I know that there are numerous lawyers who feel stuck in a rut of routine filings or litigation lethargy (tired of the fight and incivility), those who are trapped by income and power that they secretly would sacrifice if they knew what to do, and those who just don't like the practice of law any longer or perhaps never did.
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More and more law firms are using firewalls in today's world. By this term (or such synonyms as 'ethical screen' or 'Chinese Wall'), firms are referring to the mechanism by which either an individual or a group within a firm is shielded from other concluded or ongoing representations.
Some partners in multi-state partnerships have recently rediscovered the benefits of becoming a professional corporation (PC) partner in their law firms, primarily to obtain state income tax savings. Where the advantages outweigh the disadvantages, some firms have accommodated (and in some cases, encouraged) some of their partners to consider this alternative. A by-product of the influx of PC partners is that a number of multi-state law firms will consist of both incorporated and unincorporated partners, and partnership agreements must be reviewed (and in some cases amended) to accommodate this arrangement and deal with ancillary consequences.
Practice group structures, marketing departments, Chief Information Officers, even off-site operations centers ' each of these now commonplace elements of big law firm life is a manifestation of the business focus these firms have adopted. We all see it, with varying degrees of approval. Global law firms now develop and follow business strategies. Slowly, these firms are bringing a similar business focus to their lateral partner recruiting. For partners who think they might move firms at some point, and for firms doing battle for talent in the lateral market, bringing a business perspective to your analysis can save a lot of time and energy. A properly prepared business plan will prevent the loss of countless (otherwise billable) hours and, more important, help avoid making the wrong move.