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Columns & Departments

IP News

Jeffrey S. Ginsberg & Joyce L. Nadipuram

Federal Circuit: Judicial Correction Appropriate Where Correction Is Not Subject to Reasonable Debate Federal Circuit Vacates Dismissal of Declaratory-Judgment Claim of Noninfringement and Remands for Further Proceedings

Features

'To Kill a Mockingbird''s State Adaptation Rights Results In Ambiguity Battle Image

'To Kill a Mockingbird''s State Adaptation Rights Results In Ambiguity Battle

Stan Soocher

A current dispute over contract language in grants to different parties for theatrical adaptations of the classic 1960 novel "To Kill a Mockingbird" is an apt example of what can happen if contract language isn't specific enough.

Features

What's Happening With Productions Tax Credit In GA? Image

What's Happening With Productions Tax Credit In GA?

Mason Lawlor

In recent years, the Peach State has become one of the most popular spots for film companies. However, the state General Assembly's action with regarding one bill and inaction with regard to another have threatened to harm the entertainment industry.

Features

State Law Requiring Offer to License Conflicts With Copyright Act Image

State Law Requiring Offer to License Conflicts With Copyright Act

Allison Dunn

A federal judge has sided with the Association of American Publishers (AAP), finding in June that a recently enacted Maryland library e-book law conflicts with federal copyright laws.

Features

2d Cir. Arguments In Judge Moore's Defamation Case Against Baron Cohen Image

2d Cir. Arguments In Judge Moore's Defamation Case Against Baron Cohen

Jane Wester

Attorneys for former Alabama U.S. Senate candidate Roy Moore and the comedian Sacha Baron Cohen appeared before the U.S. Court of Appeals for the Second Circuit in June, with Moore's attorney Larry Klayman urging the three-judge panel to reverse the district court ruling dismissing a lawsuit Moore filed.

Columns & Departments

Fresh Filings

ELF Staff

A look at moves among attorneys, law firms, companies and other players in entertainment law.

Columns & Departments

Players On the Move

ELF Staff

A look at moves among attorneys, law firms, companies and other players in entertainment law.

Columns & Departments

Bit Parts

Stan Soocher

Arbitration Clause in Prior Dispute Settlement Doesn't Apply to Cheaters Uncensored Current Copyright Dispute Are Co-Authors of "Back N Forth" Co-Authors of Derivative Work? Pandora's Streaming of Turtles Hits Isn't Issue of Public Debate Under California's Anti-SLAPP Statute

Features

Redefining Attorney-Client Collaboration with Technology That Delivers Greater Value Image

Redefining Attorney-Client Collaboration with Technology That Delivers Greater Value

David Carns

If savvy law firm attorneys haven't done so yet, they should take this time to adjust their expectations and increase their comfort levels with new technologies, processes, and workflows. Going forward, their clients will expect the emphasis to be on relationships and outcomes, not billable hours.

Features

Cloud-Based Discovery Is at Critical Mass: Here's Why Image

Cloud-Based Discovery Is at Critical Mass: Here's Why

Kenneth Spencer

Part One of a Two-Part Series The legal industry today is experiencing a massive uptick in cloud-based discovery. The shift to remote and hybrid work and changing attitudes toward the cloud are significant factors in the movement to widespread adoption of cloud-based discovery. This article explains the momentum behind the rise of cloud-based discovery and the business reasons why companies will have to embrace it.

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  • 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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    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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