The Autism Cases, and What's Next
April 28, 2009
The fight to get recognition of a link between autism and childhood vaccines took a heavy blow in February when the U.S. Court of Federal Claims found no such connection in the three test cases before it. Results of recent studies certainly portended these outcomes, but hope remained that the so-called Vaccine Court ' the Office of Special Masters of the U.S. Court of Federal Claims ' might side with the claimants.
The Third Amendment to the Chinese Patent Law
April 27, 2009
The Third Amendment to the Chinese Patent Law is expected to bring the law into closer conformity with international standards, particularly commensurate with U.S. Patent contract and litigation practice, even though several changes such as the absolute novelty requirement still clearly reflect the influence of European Patent laws on the development of the Chinese Patent Law. The Third Amendment includes changes to patent application and enforcement processes, ownership rights, compulsory licensing rules, international exhaustion rights, penalties for patent infringement, prior art defenses, and exemptions, summarized in this article.
Case Notes
April 27, 2009
Recent rulings of interest.
High Court Dismisses Philip Morris Appeal of $79 Million Punitive Damages Verdict
April 27, 2009
On March 31, the U.S. Supreme Court blinked in a long-running standoff with the Oregon Supreme Court over the handling of a punitive damages suit against Philip Morris brought by the widow of a smoker who died from lung cancer in 1997. The high court dismissed the case of Philip Morris v. Williams as "improvidently granted"in a one-sentence opinion.
Sophisticated User Defense Gains Acceptance
April 27, 2009
The sophisticated user doctrine has become a prevalent defense nationwide in product liability actions involving failure-to-warn claims. This article expounds upon recent cases that help to entrench the sophisticated user doctrine in many states' case law, to a full or limited degree.
The New Consumer Product Safety Improvement Act
April 27, 2009
The Consumer Product Safety Improvement Act (commonly referred to as the "CPSIA") was enacted in August 2008 in the wake of a sharp increase in recalls of children's products, particularly the recall of toys during and after the 2007 holiday season. This article provides an overview of the CPSIA, including a summary of key provisions, an update on agency rulemaking to implement the law, and an assessment of the risks and challenges related to compliance with the law.
Practice Tip: The FDA's Good Reprint Practices and Product Liability
April 27, 2009
The Food and Drug Administration (FDA) recently finalized its guidance document entitled "Good Reprint Practices for the Distribution of Medical Journal Articles and Medical Scientific Reference Publications on Unapproved New Uses of Approved Drugs and Approved or Cleared Medical Devices" (the "GRP Guidance"),. Here's what you need to know.
Does Joinder of a Forum Defendant Always Prevent Removal?
April 27, 2009
A state-court action cannot, as a general rule, be removed to federal court where a resident of the forum state has been joined as a defendant. 28 U.S.C. '1441(b). This is commonly known as the "forum defendant rule." There is, however, an exception to the rule.
