'Tort Hellhole' Moves to Curtail Access
October 07, 2003
Mississippi plaintiffs' lawyers, battered by a 2-year fight with medical and business lobbyists, are seeking ways to undermine new laws that limit civil litigants' access and recoveries in the state that has been dubbed a 'tort hellhole.' Meanwhile, the tort reform juggernaut is rumbling into other states.
Baycol: A Sudden Rush to Settle
October 07, 2003
In the last several weeks, Pittsburgh-based Bayer Corp. has been rapidly settling federal lawsuits and claims involving Baycol, the anti-cholesterol drug it pulled off the market in August 2001 after it was linked to 100 deaths worldwide, two Miami law firms say.
How Much Damage?
October 07, 2003
The recent decision by the U.S. Court of Appeals for the Federal Circuit in <i>EZ Dock Inc. v. Schafer Systems Inc.</i>, 276 F.3d 1347 (Fed. Cir. 2002) may well have an impact on the development of biotechnological and pharmaceutical inventions.
Preserving the Attorney-Client Privilege
October 07, 2003
Within the context of corporations and other commercial entities, maintaining and preserving the protections afforded by the attorney-client privilege and work-product doctrine require special precautions. If access to information and materials otherwise protected from disclosure is provided to individuals other than those who 'need to know,' then a corporate client may inadvertently waive the protections offered by the attorney-client privilege and work-product doctrine.
U.S. Seeking Share of Payout on Implants
October 07, 2003
Nine years and at least $1 billion ago, class-action plaintiffs settled their claims with makers of silicone breast implants. But one rather weighty party remains unhappy with the deal ' the United States government.
Supremes Mull Maine Discount Prescription Program
October 07, 2003
The Supreme Court appears torn over what to do with Maine's discount prescription drug program, which has been challenged by the pharmaceutical industry and the Bush Administration as a violation of the federal Medicaid law.
Federal Circuit Negative on Best-mode Defense
October 07, 2003
The U.S. Court of Appeals for the Federal Circuit has taken an increasingly dim view of an accused infringer's attempt to invalidate the claims of a patent-in-suit by alleging that the patentee failed to satisfy the best-mode requirement.
A China Checklist
October 07, 2003
Any company considering an expansion into China should be aware of the specific challenges of Chinese intellectual property law. As the country takes its place in the global economy, many aspects of IP law are evolving quickly. Often, the company with the best IP strategy gains a critical advantage over its competitors.
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