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

Conducting Discovery in Japan
November 26, 2012
Conducting discovery in Japan is not easy and litigants should not expect to obtain nearly the same quantity or quality of information from Japan. However, if you know the available discovery devices and the special procedures to take advantage of those devices, discovery may not be lost.
Dewey & Leboeuf Partner Contribution Settlement Agreements Seek to Avoid the Long and Winding Road of Law Firm Bankruptcies
November 26, 2012
This article explores the process by which the key parties-in-interest in this case successfully negotiated the Partner Contribution Settlements or PCPs, the rationale behind Bankruptcy Judge Glenn's approval of the PCPs, as well as some of the issues that the United States District Court for the Southern District of New York is currently considering on appeal.
Henkel (Almost) 10 Years Later
November 16, 2012
The meaning of "anti-assignment" clauses has been hotly disputed since 2003, when the California Supreme Court interpreted the clause in a manner that restricted the transfer of coverage rights in certain corporate transactions. This article examines how other courts have resolved the anti-assignment issue in the last decade.
Policing Trademark Rights and the Problem Posed By Bullying
November 02, 2012
Overly aggressive enforcement of trademark rights by high-profile brand owners can lead to consumer backlash when such enforcement is perceived as "trademark bullying" of the "little guy." Such enforcement efforts have grown increasingly hazardous during the era of Internet blogging and social networking.
Your Genes Are Not Patent Eligible, But Your 'Isolated' Genes Are
November 02, 2012
In a closely followed case involving the patentability of DNA sequences of the BRCA1 and BRCA2 genes, which account for most forms of inherited breast and ovarian cancer, the Federal Circuit largely followed its prior 2011 ruling and again held that isolated DNA sequences are patent-eligible subject matter.
No Injunction In Video-on-Demand Litigation
October 31, 2012
The digital content era has moved patent issues to the forefront for the entertainment industry. In one recent case, even after winning a patent infringement case, a video-on-demand company still may not get an injunction prohibiting ongoing infringement by defendant Verizon Communications.
Pinning Your Company's Hopes on Pinterest
October 31, 2012
Heralded as the next big thing in social media, Pinterest presents new legal risks for companies engaged in social media marketing. By sharing images and encouraging others to re-pin them, Pinterest users may inadvertently engage in copyright or trademark infringement, violate licensing agreements, or run afoul of FTC rules for commercial endorsements.
Policing Trademark Rights and the Problem Posed By Bullying
October 31, 2012
Finding an effective middle ground between overly enthusiastic and overly lenient enforcement policies is essential to the development of an effective trademark policing strategy.
Insurance Coverage for Data Breach Claims
October 30, 2012
In-house counsel may be surprised to learn that coverage for data breaches is not limited to specialty policies, and can often be found under standard CGL or property insurance policies.
The FCPA and Insurance Coverage
October 30, 2012
By implementing the five strategies discussed in this article, officers and directors can mitigate the potentially crippling monetary effects of FCPA-related claims.

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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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