Avoiding Common Misperceptions and Mistakes in Patent License Agreements
December 01, 2003
Negotiating and drafting the terms of a patent license can be difficult, contentious, and time consuming, especially when the parties are in a hurry to proceed with the broader business venture of which the license is but one part. However, those who decide to skip or skimp on the troublesome details of license drafting will often later face the consequences of a poorly thought-out license relationship — consequences that are significantly more troublesome and costlier than the burden of thoroughly and accurately documenting the intended terms of the relationship at the outset. Even more frustrating is the experience of drafting a license that diligently attempts to address the business or legal issues thought to be important at the outset of the license relationship, only to discover later that a crucial (but possibly latent) problem was overlooked or inadequately addressed.
Recent Attorneys' Fee Awards
November 30, 2003
The chart below summarizes hourly rates used by federal courts throughout New York State in recent attorneys' fees awards made in various types of employment cases. In addition to the name of the case, citation, judge making the award and federal district, the chart shows the name of the firm or other entity receiving the award and the hourly rates awarded to the lead counsel (LC), a partner or principal in the firm (P), associates (A), and paralegals (PL). Hourly rates for travel time are excluded, but ordinarily are awarded at a rate equal to one half the attorneys' awarded hourly rate.
The Marital Estate: Stock Options and Restricted Stock
November 30, 2003
Stock options became a large part of many marital estates involved in marriage dissolution during the "bubble" of the late 1990s. As one would expect, the courts struggled with the issues this new situation presented, primarily what options were to be included in the marital estate.
FDA Web Site Provides Treasure Trove of Information
November 21, 2003
If you are seeking information about adequate warning labels, go to the Food and Drug Administration's (FDA) Web site (<i>www.fda.gov</i>) and type in "adequate warning labels." Information will appear in milliseconds, covering everything from correspondence with manufacturers to FDA Public Health Advisories and sections from the Federal Register.
Addressing the Conflict: FDA vs. Torts
November 10, 2003
Our legal system supports two regulators of the safety of prescription drugs ' the U.S. Food and Drug Administration and courts applying the tort liability regime. The FDA's mission, while narrowly circumscribed in its early years, grew dramatically over the last half of the twentieth century. Today, the FDA administers the most comprehensive drug regulatory system in the world.
Antitrust Goes Global
November 10, 2003
Billions of dollars in potential awards, a new map for antitrust litigation, and what many say is a likely spot on the Supreme Court docket; <i>Empagran v. F. Hoffman-LaRoche</i> has it all. What could it mean for U.S. pharmaceutical (and other) companies? "Corporations in this country and all over the world are really scared of this," says Paul Gallagher, a Washington D.C.-based Cohen, Milstein, Hausfeld & Toll partner who serves as lead plaintiffs counsel in the case.
The Off-Label Divide
November 10, 2003
Is it ever appropriate for a drug manufacturer to disseminate information about an off-label use of a drug? If so, when is it inappropriate? Is the dissemination of such information commercial speech protected by the First Amendment that cannot be proscribed by the FDA? Can manufacturers be held accountable for this speech by the FDA or in a products liability action?
