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We found 2,772 results for "Product Liability Law & Strategy"...

Content Owners' Pursuit of Secondary Infringement Claims
January 31, 2014
Secondary liability can be imposed on an ISP or distributor of a product used to commit infringement based upon claims of contributory infringement, inducement infringement or vicarious infringement. The contributory and inducement claims both focus on a defendant's contribution to the infringement and require that the defendant knows that direct infringement is occurring. These related claims, which provide independent ways to attack secondary infringement, differ in important respects.
Is the Internet a Safer Place for Content Owners?
January 31, 2014
Many battles have been fought in courtrooms across the United States over the unauthorized Internet sharing of copyrighted books, music, movies and television shows. These include disputes over increasingly more sophisticated software products and websites that appear designed to respond to the latest court rulings over the scope of the DMCA "safe harbor" protections and the elements required to establish secondary copyright infringement liability.
Bid to Topple Patent Law Doctrine Fails
January 31, 2014
Palo Alto Networks' unusual bid to drive its patent battle with rival Juniper Networks into state court has fallen short.
The Death Benefit Only Program
January 31, 2014
The Death Benefit Only (DBO) program provides non-qualified deferred compensation, and death benefits. The DBO program can be used by employers without regard to corporate and qualified plan limitations and may be provided by employers on a permissibly discriminatory basis. The DBO program, when structured properly, can accept elective or non-elective contributions on an individual employee basis. The benefits can also be used as Golden Handcuffs to retain valued employees.
The Patient Protection and Affordable Care Act and its Effect on Franchising
January 31, 2014
As the ACA continues to be implemented, franchisors and franchisees must be vigilant in understanding whether they are subject to the ACA's mandates, penalties and tax credits. The franchising industry must be sufficiently informed and prepared to manage the uncertainty surrounding both compliance requirements and costs.
Your e-Discovery Bucket List
January 31, 2014
In-house teams that have been subject to resource constraints and staff reductions must approach their litigation more thoughtfully and creatively than ever before.
Practice Tip: Avoiding E-mail Compliance Traps
January 31, 2014
This article discusses the challenge that technology as simple as e-mail can pose for compliance officers.
General Personal Jurisdiction: Daimler AG v. Bauman
January 31, 2014
This article provides an overview of the Supreme Court's general-jurisdiction doctrine, discusses the recent decision in <I>Bauman</I>, and assesses the likely impact of the decision going forward.
Coverage Disputes over Data Breach
January 30, 2014
As more companies have experienced data breaches, we have seen an increasing number of disputes over whether insurance policies will help pay for them.
Does the Trickle of cGMP Prosecutions Foreshadow a Flood?
January 30, 2014
Significant uncertainty remains, but apparently, under particular circumstances, cGMP allegations will now be a top prosecution priority.

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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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