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Features

Leasing Opportunities in Mexico

Rafael Castillo-Triana & Ulises Quezada

Mexico's equipment financing market is already well-developed by regional standards, and is the second largest in Latin America. The predominant assets financed in Mexico include motor vehicles, information technology (IT) and industrial equipment.

Features

Castle Defense

Rudy Kim & Michelle Yang

In Part One, last month, the authors examined the Federal Circuit's <i>VirnetX</i> decision affirming lower courts' role as gatekeepers for expert testimony. The discussion continues herein.

Columns & Departments

Eminent Domain Law

ALM Staff & Law Journal Newsletters

Analysis of a ruling in which it was decided that a property was properly valued In combination with neighboring parcel .

Features

Approaching Payment Processors To Fight Counterfeiters Online

Joshua Kaufman

There are lots of knock-offs of entertainment industry goods that flood the marketplace. You can find them on the street, but more and more shoppers buy them online. And the online purveyors of counterfeit goods can be particularly difficult to thwart. Cease-and-desist letters are fine,DMCA take-down letters are helpful, but if you really want to cause counterfeiters pain and stop them from infringing on intellectual property rights, you need to cut off their lifeline: cash flow.

Features

In Pennsylvania: Product Liability Law Post-<i>Tincher</i>

Larry E. Coben, Sol H. Weiss & James R. Ronca

In a sweeping, detailed opinion, the Pennsylvania Supreme Court altered the landscape of Pennsylvania product liability law, reaching back in time to embrace and then update legal principles governing a consumer's burden of proof in recovering for harm caused by a defectively designed product.

<b><i>Sales Speak:</i></b> 'Speed-Reading' Your Clients

Victoria Arnold

One characteristic that successful rainmakers share is their ability to quickly establish relationships and close the sale. How do they do it? They have naturally learned how to "speed-read" people. But one need not be a "natural" to be effective in this arena.

Features

Judicial Oversight of Corporate Deferred Prosecution Agreements

Jodi Misher Peikin & Peter Janowski

A recent decision could have the potential to alter DOJ's policy on deferred prosecution agreements; the create critical uncertainty for white-collar defense practitioners; and raise interesting questions about the role of the judiciary in corporate criminal negotiations and settlements.

Features

Loss for QVC on Internet Crawling Case

Saranac Hale Spencer

In an opinion that has defined a section of the Computer Fraud and Abuse Act (CFAA), a law that has been clouded by decades of amendments, a federal judge in Philadelphia has ruled in favor of an Internet startup company and against retail giant QVC.

Business Crimes Hotline

ljnstaff & Law Journal Newsletters

Do corporations have souls? A look at a pivotal case recently decided in Delaware.

Arguments Heard in 'Happy Birthday' Copyright Fight

Amanda Bronstad

In a court battle involving the song "Happy Birthday to You," a federal judge was set to decide whether Los Angeles-based music publisher Warner/Chappell has unlawfully been collecting licensing fees for the song's copyright.

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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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