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

Do Actions Speak Louder than Words?
October 29, 2013
Extrinsic evidence of past policy interpretation may take many forms, and one form is evidence of the parties' own course of performance with regard to the insurance policies at issue.
Mind Your Flanks
October 28, 2013
This article describes the range of potential collateral litigation and sets out a series of considerations for counsel as they manage FCPA actions.
Court Watch
October 02, 2013
The Instrumentality Test For Determining Franchisor Vicarious Liability
Considerations When Engaging in Internet Marketing
October 02, 2013
In this day and age, most law firms have a website and use the Internet as a large part of their overall marketing scheme. However, the ethical considerations are plentiful and not always clear-cut. Even if your firm utilizes a Web developer or marketing firm, it is ultimately the lawyer's responsibility to ensure that his or her Internet marketing is compliant with the applicable rules of professional conduct and state law.
Spotlight on 3D Printing: Intellectual Property
September 30, 2013
3D printing technology, also known as additive manufacturing, is nothing new. It has been used for decades by designers and engineers. But the technical capabilities that make 3D printing technologies so useful likely will facilitate intellectual property infringement.
Case Notes
September 26, 2013
Discussion of a Flonase class action ruling.
PA Court Ignored SCOTUS in Reglan Ruling
September 26, 2013
The PA Superior Court's recent decision not to apply blanket pre-emption to failure-to-warn claims against the makers of the generic version of drug Reglan ignores U.S. Supreme Court precedent ...
Practice Tip: Explosion and Fire Litigation
September 26, 2013
The spectrum of challenges inherent in fire and explosion litigation can and should stimulate creative responses. One size does not fit all.
State-Law Design-Defect Claims Against Generic Drug Manufacturers Are Preempted
September 26, 2013
This article discusses <I>Mensing</I> and <I>Bartlett</I> and their potential impact.
Relearning the Learned Intermediary Doctrine
September 25, 2013
Courts in nearly every state have embraced some form of the "learned intermediary doctrine," which provides that a prescription drug manufacturer satisfies its duty to warn so long as it provides an adequate warning of the drug's potential risks to the plaintiff's prescribing doctor.

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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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