State Claim Not Preempted By Federal Drug Labeling Law
March 31, 2009
The decisive March 4 U.S. Supreme Court ruling against Wyeth in a landmark pharmaceutical product liability case may also close off a major front in a hard-fought battle by businesses and the Bush administration to insulate national corporations from state tort litigation.
Medical-Legal Issues of Emergency Airway Management
March 31, 2009
The failure to manage a patient's airway can lead to lack of oxygenation and ventilation, and to resulting brain injury or death. Such failures can easily culminate in large awards. An expert explains.
Don't Overlook Nontraditional Defenses in Patent Litigations
March 31, 2009
It is a staple in virtually every patent case for defendants to assert defenses of non-infringement, invalidity, and inequitable conduct. While patent litigators appropriately focus on these traditional defenses, there are also nontraditional defenses — including lack of ownership of the patent-in-suit, judicial estoppel, and unclean hands — that may be incredibly beneficial to patent defendants.
IP Strategies for a Green Economy
March 31, 2009
This article considers the unique aspects of clean technology and renewable energy against the backdrop of a rapidly changing patent law landscape. In particular, the article considers recent U.S. Supreme Court patent cases and how they may impact business decisions, development deals, and other transactional aspects of interest to those in the cleantech and renewable energy industry.
IP News
March 31, 2009
Highlights of the latest intellectual property news from around the country.
In re TS Tech USA Corp.: Curtailing the 'Rocket Docket'
March 31, 2009
Due to its so-called "rocket docket," many patent litigants select the Eastern District of Texas when filing a lawsuit or a declaratory action. However, the Federal Circuit's recent decision in <i>In re TS Tech</i> may substantially curtail this practice.
Acumed v. Stryker: eBay v. MercExchange Revisited
March 31, 2009
In <i>Acumed LLC v. Stryker Corp.</i>, the Federal Circuit affirmed the grant of a permanent injunction enjoining Stryker from making and selling a putatively infringing orthopedic nail product. In so deciding, the Federal Circuit declined to articulate a bright-line rule governing the grant of permanent injunctions in patent infringement actions. Nevertheless, the <i>Acumed</i> decision is instructive with respect to how the courts may apply the rule of <i>eBay Inc. v. MercExchange, L.L.C.</i> in patent infringement cases and the facts that may be adduced to secure — or defeat — the grant of injunctive relief.
Is Your e-Communication Being Read?
March 30, 2009
Any way you look at it, e-communication gives you and your firm exposure in an existing or potential client market. Unlike other communication delivery methods, e-communication is the one place a law firm can actually see specific results ' from who received the communication, to whether that person actually viewed the e-mail or forwarded it on to someone else.
Sutherland Utilizes CompuLaw Vision to Automate Litigation Calendaring
March 30, 2009
In 2004, the Sutherland law firm was dealing with a large enforcement matter that included scheduling many court dates. While working to effectively manage the many aspects involved in this unique case, we looked into using CompuLaw Vision, which draws on CompuLaw's vast databases of court rules and jurisdictions and automatically calculates deadlines, saving time and reducing the risk of error.
