Infringement Without a Direct Infringer
September 27, 2012
An <i>en banc panel</i> of the Court of Appeals for the Federal Circuit convened to consider the question of joint or divided infringement of method claims. The court decided, in a <i>per curiam</i> opinion adopted by six of the 11 panel judges, that there could be liability under 35 U.S.C. § 271(b) for inducing infringement of a method patent, provided all the steps of the method were performed, even if they were not performed by a single actor who was liable for direct infringement under § 271(a).
Is Your Franchise Still Breaking the Gift Card Laws?
September 27, 2012
The potential ramifications of gift card laws are surprisingly extensive, from both a legal and practical perspective. For example, some federal record-keeping and anti-money-laundering requirements apply to the sale of all gift cards. There are also legal and practical concerns regarding what terms and conditions a franchisor should apply to its card.
Managing Liability Risks from Robotic Surgery
September 26, 2012
Robotic technology may spawn both medical malpractice and product liability exposures, claims and lawsuits. Suits and claims may arise from one area or both. Here's what you need to know.
Practice Tip: Common-Law Indemnification
September 25, 2012
This article provides an in-depth discussion of the concept of common-law indemnification, using New York State to illustrate how the law has evolved in that state. Be aware that many states have their own peculiarities that must be identified at the outset of any litigation so that an appropriate strategy can be devised.
Supreme Court Holds Pharmaceutical Sales Reps Are Exempt
September 25, 2012
The U.S. Supreme Court's recent decision in <i>Christopher v. SmithKline Beecham Corp.</i> was not only a landmark decision for the pharmaceutical industry, but also provided important guidance for the application of the outside sales exemption in other settings
Supreme Court: Pharmaceutical Sales Reps Are Exempt
September 25, 2012
The U.S. Supreme Court's recent decision in <i>Christopher v. SmithKline Beecham Corp.</i> was not only a landmark decision for the pharmaceutical industry, but also provided important guidance for the application of the outside sales exemption in other settings.
Case Notes
September 25, 2012
Review of a recent case.
Enforcing Post-Marketing Requirements
September 25, 2012
A recent FDA Warning Letter suggests that the agency will not hesitate, when necessary, to exercise its power to enforce post-marketing requirements (PMRs) for approved drug products.
Recovering Transfers That Create Insolvency
September 25, 2012
An important lesson from recent high-profile bankruptcy cases is that secured creditors can no longer make loan decisions based solely on the value of pledged collateral.
