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

Patent Quality, Post-Grant Review, And the GAO Report on Patent Litigation
November 30, 2013
One of the many elements of the sweeping America Invents Act of 2012 (AIA) was a directive to the Government Accountability Office (GAO) requesting a report on factors affecting patent litigation. The GAO released its report in August. Perhaps surprisingly, the GAO found that NPEs were not the main contributor to alleged problems with patent litigation in the United States. Instead, the GAO concluded that poor patent quality was to blame for most nuisance infringement suits.
Establishing Copyright Damages When Party Moves for Summary Judgment
November 30, 2013
Section 504(b) of the Copyright Act allows a copyright owner to obtain both the owner's actual damages as well as an infringer's profits attributable to the infringed work that weren't included in the actual damages award. What are the burdens of proof when a copyright infringement plaintiff seeks this recovery after a pre-trial summary judgment motion has been filed? How does an expert's report work into this?
The Media
November 27, 2013
There is a perception, in large part driven by media bias, that in America today, unlike in times past, "everyone sues." This could not be farther from the truth.
Practice Tip: Cell Phone Usage and Brain Tumors
November 27, 2013
Recent headlines have reignited interest in litigation involving the link between cell phones and the development of brain tumors. Is a change in the application of present law supportable?
New FDA Guidelines on Gluten-Free Products
November 27, 2013
On Aug. 5, 2013, the FD) issued a final rule defining the labeling requirements for a product claiming to be "gluten-free."
Drug & Device News
November 26, 2013
Discussion of several key issues.
When Is Equity Value Really Zero?
November 26, 2013
Matrimonial attorneys are often confronted with a listed equity asset that, at least according to the client, "isn't worth anything." So how do we approach this dilemma?
Managing Your Money: What Happens After Leaning In?
November 26, 2013
Female law partners have little idea if they are on track toward a comfortable retirement.
Managing Your Money: What Comes After Leaning In
November 26, 2013
Female law partners are not saving appropriately, putting money into wise investments or taking advantage of employer-sponsored retirement accounts. Further, they have little idea if they are on track toward a comfortable retirement.
Corporate Successorship: What You Don't Know Could Cost You
November 26, 2013
A corporate successor's right to coverage under a predecessor's policy is not a foregone conclusion. Here's why.

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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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