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Drug Labeling Patents: A New Line of Defense for Protecting Old Drugs?
Pharmaceutical companies have had some success extending the lives of their patent portfolios by obtaining patents that claim the combination of a known drug, a container for holding it, and a label providing instructions for a new use of the drug. These "drug labeling patents" have given such companies a leg up in their ongoing battle with generic drug manufacturers. However, a little-noticed judicial decision handed down by the Court of Appeals for the Federal Circuit ("Federal Circuit") has cast serious doubt over whether drug labeling claims constitute patentable subject matter.
IP News
Highlights of the latest intellectual property news from around the country.
IRS Modifies 'Use-It-Or-Lose-It' Rule For Section 125 Cafeteria Plans
The Internal Revenue Service has modified the rule prohibiting deferred compensation under a Section 125 cafeteria plan to allow a grace period of up to 2.5 months after the end of the plan year to use the benefits or contributions before those amounts are forfeited under the "use-it-or-lose-it" rule. Notice 2005-42, 2005-23 I.R.B. 1 (May 18, 2005) (the Notice) permits a 2.5- month grace period during which additional expenses can be incurred and which will be reimbursed from contributions made in the plan year preceding the grace period. An employer may adopt a grace period for the current cafeteria plan year by amending the plan before the end of the current plan year.
Gephardt Joins DLA Piper
DLA Piper Rudnick Gray Cary has netted former House Minority Leader Richard Gephardt (D-MO), who retired from Congress in January.
Around the Firms
Tax Shelter Suit Against Sidley Austin, Deutsche Bank May Proceed <br>Brobeck Fight Turns to Venue Choice
USERRA Explained
What Is the Uniformed Services Employment and Reemployment Rights Act of 1994? The Uniformed Services Employment and Reemployment Rights Act of 1994 (USERRA)…
How To Improve Firm Profitability
Many lawyers measure their firm's profitability the way a company does ' as a percentage of sales. However, the correct way to measure the profitability of a law firm, whether it is a partnership or a professional corporation, is the net income per equity partner (NI/EP) (or shareholder).
Decision of Note: <b>Madonna Bodyguard Loses Libel Suit Over Photo Caption</b>
The U.S. Court of Appeals for the First Circuit upheld the dismissal of a defamation suit by a former bodyguard of the musical artist Madonna who sued over a photograph of a gay man mistakenly captioned with the name of the bodyguard in a book about Madonna.
Anti-SLAPP Defense Nixed in Redding Biography Dispute
Lawyers defending a biographer of Otis Redding failed in their effort to use Georgia's anti-SLAPP statute to block a libel suit brought over the book "Otis!".
Clause & Effect
Film Release/Approvals <br>Production Projects/Agreements In Principle

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