Federal Court Finds Actavis Applies Only To Settlements Involving Monetary...
A United States district court judge sitting in the District of New Jersey has held that only patent litigation settlements involving monetary payments from branded to generic pharmaceutical...
View ArticleFederal Prosecutors Unseal Charges Against Bitcoin Exchange Company
On January 27, the U.S. Attorney for the Southern District of New York announced the unsealing of criminal charges against an underground Bitcoin exchanger and the CEO of a Bitcoin exchange company...
View ArticleThe Mediocre Bowl and Interspersed Ads?
With all the hype and chirping leading up to The Big Game, as one of the many who didn’t have a “horse” in the race, as someone just looking to enjoy an exciting and competitive game, I’ll borrow...
View ArticleWeekly Law Resume - January 2014: Torts – Defamation and the Anti-Slapp Statute
Anthony K. Hui v. Beth Sturbaum - Court of Appeal, First Appellate District (January 9, 2014)- California’s anti-SLAPP statute (Code of Civil Procedure §425.16) was passed in 1992 because of the...
View ArticleTrademark Review - Intelligent Quartz, Lakota, and Clorotek (January 2014)
The District Court Finds the TTAB Erred in Refusing to Register INTELLIGENT QUARTZ for Watches - The USPTO refused an application by Timex to register the mark INTELLIGENT QUARTZ for watches on the...
View ArticleAllowing Employees To Connect Own Devices Has Risks, Benefits
Smartphones and tablets are everywhere. People are spending more and more money to have the latest smart devices, and employers are struggling to keep up with employees’ demands for the latest...
View ArticleDepartment Of Health And Human Services Office Of Inspector General's FY 2014...
On January 31, 2014, the U.S. Department of Health and Human Services ("HHS") Office of Inspector General ("OIG") released its annual work plan. Not surprisingly, issues relating to Electronic Health...
View ArticleFixation by Legal Fiction: Did the Second Circuit’s Fair Use Ruling For...
Swatch imageAbout ten years ago, I saw an attorney argue a hopeless criminal appeal. He began his remarks with: “Your Honors, I know I’m going to lose this case, but how I lose it is very...
View ArticleFDA Sets Guidelines For “Gluten-free” Foods In Stores And In Restaurants
“Gluten-free” seems to be everywhere. You may not know what “gluten-free” means, but chances are you haven’t missed the growing number of restaurants, grocery stores, and food brands that are offering...
View ArticleFar Beyond the Valley
Global tech hubs are a source of technology, talent, and funding - While media coverage of the technology industry focuses largely on Silicon Valley, savvy tech and life sciences executives have been...
View ArticleIP Buzz - January 2014
In this issue: - Supreme Court Loads Up IP Docket - Federal Circuit Clarifies Calculation of Patent Term Adjustment for Applications with Continued Examination Requests - Chipotle Case Gives Hope...
View ArticleIllinois Court Holds Junk Fax Claim Not Within Products Coverage
In its recent decision in Windmill Nursing Pavilion v. Cincinnati Ins. Co., 2013 IL. App. (1st) 122431, the Appellate Court of Illinois, First District, had occasion to consider the scope of...
View ArticleEU Commission to investigate cross-border pay-TV movie services – a new...
Executive summary - The European Commission has commenced antitrust proceedings against several prominent European pay-TV service providers and major U.S. film studios including Sony Pictures...
View ArticleVoluntary Restitution Programs and Class Action Exposure: Lessons from the...
In many misleading advertising and consumer protection cases, a company that discovers a regulatory breach will self-report to the Competition Bureau or other law enforcement agencies, and implement a...
View ArticleSports, Media and Entertainment Intelligence - 2014
BETTING AND GAMING - US: Draft legislation aims to prohibit Internet gambling - Last month, a draft Internet Gambling Control Act surfaced on the Internet. This proposed legislation, attributed by...
View ArticleCourt Report - Part II: February 03, 2014
About Court Report: Each week we will report briefly on recently filed biotech and pharma cases. Novartis Pharmaceuticals Corp. et al. v. Noven Pharmaceuticals Inc. et al. 1:14-cv-00111; filed January...
View ArticleCan a grab bag be a sweepstakes?
When I hear the words “grab bag,” I think about stores that used to stock plain wrapped packages labeled as either for “boys” or “girls." For a dollar, you could choose one of these packages without...
View ArticleITC Now Requires Satisfaction of the “Technical Prong” for Licensing-Based...
Reversing course from longstanding practice, the U.S. International Trade Commission (ITC or Commission) has held that proof of “articles protected by the patent” (i.e., a technical prong) is now...
View ArticleBring-Your-Own-Device Programs: Steps to Minimize Nonprofits' Legal Risks
Nonprofit organizations are increasingly allowing their employees to use their own mobile devices to access, view, download, and transmit work-related materials. While these bring-your-own-device...
View ArticleMoFo New York Tax Insights - Volume 5, Issue 2 - February 2014
In This Issue: Governor Cuomo Releases Ambitious 2014-15 Executive Budget; Third Department Holds Transfer of Condemned Property Did Not Occur Until After Gains Tax Was Repealed; Trial Court Upholds...
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