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Massachusetts: Early Days
May 25, 2004
Same-sex marriage formally came to the United States before dawn on Monday, May 17, in Cambridge, MA. In the first week that marriages were legal in the state, more than 1500 same-sex couples applied for marriage licenses, according to records compiled in the state.
Pay ... or Else!
May 25, 2004
If you have not heard of a writ of <i>capias ad satisfaciendum</i>, you are not alone. The writ is an obscure instrument of judgment that creditors can use to incarcerate debtors who have the means to pay but refuse to do so.
Cooperatives & Condominiums
May 24, 2004
The latest rulings of importance to your practice.
Real Property Law
May 24, 2004
Recent rulings you need to know.
Development
May 24, 2004
Recent rulings of importance to you and your practice.
Tort Liability of Out-of-Possession Landlords
May 24, 2004
<i>Ingargiola v. Waheguru Management, Inc.</i>, decided recently by the Second Department, revisited a question that has long engendered confusion in the New York courts: What liability does a landlord bear for personal injuries suffered in leased premises? <i>Ingargiola</i> also presented a related question: What steps can a landlord take to reduce exposure for any liability the landlord would otherwise bear? This article explores those issues.
Index
May 24, 2004
A complete listing of everything contained in this issue.
Landlord & Tenant
May 24, 2004
The latest rulings you need to know.
Development
May 11, 2004
The latest cases for your review.
Index
May 11, 2004
Everything that's contained in this issue in an easy-to-find format.

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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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  • 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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