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16 Mar, 2007 9:33 am
The SEC announced on Wednesday that it had filed a settled insider trading action against a consultant to Del Laboratories, Inc., a manufacturer of cosmetics and over-the-counter pharmaceuticals. The consultant, who had
formerly been the CFO of Del, allegedly deduced that an acquisition was imminent from an unusual flurry of activity he saw while in
Del's offices one day (unusual closed door meetings, rumors and ...
2 Feb 11:54 pm
The court reduced the amount of sanctions awarded for repeated discovery misconduct by eight percent (from $42,923.75 to $39,489.85) because plaintiff's counsel billed time in
quarter-hour increments. "The Court finds that quarter hours inherently enhance the amount of fees and do not reflect the hours reasonably worked, compared to one-tenth hour
increments." Classified Cosmetics v. Del Laboratories Inc.,
2-03-cv-04818 (CACD January 28, 2009, Minutes).
5 Jul, 2007 10:37 am
... amp; Co., 567 A.2d 398, 400-01 (Del. 1989). District of Columbia: Mampe v. Ayerst Laboratories,
548 A.2d 798, 801 & n ... 138, 155 (Hawaii 1995). Illinois: Happel v. Wal-Mart Stores, Inc., 766 N.E.2d 1118, 1127 (Ill. 2002); Hansen v
... v. Madakasira, 821 So.2d 794, 804 (Miss. 2002); Wyeth Laboratories, Inc. v. Fortenberry, 530
So.2d 688, 691-92 (Miss ... learned intermediary rule in strict liability). Pennsylvania: Coyle v. Richardson-Merrell, Inc., 584 A.2d 1383,
1385 (Pa. 1991); Baldino v. Castagna, 478 ...
6 Jul, 2007 4:29 am
... is a professional, the adequacy of the instructions must be judged in relationship to that professional." Mampe v. Ayerst Laboratories, 548
A.2d 798, 802 n.6 (D.C. 1988). The rule is ... to limited situations or patient populations) that the FDA requires product labeling to include. [S]ince the typical manufacturer's
warning provides a list with scores of potential side effects, no ... 398, 400-01 (Del. 1989); McKee v. Moore, 648 P.2d 21, 25 (Okla. 1982);
Taylor v. Wyeth Laboratories, Inc., 362 N.W.2d ...
6 Feb 7:00 am
... excessively negligent consumer - Mazák AG delivers opinion in Aceites del Sur-Coosur SA, formerly Aceites del Sur v Koipe Corporación SL and OHIM (Class ... Wegner) Changing scope of liability for contributory infringement: Ricoh Company Ltd v Quanta Computer
Inc (International Law Office) Commercial success: not the easy way to prove non-obviousness: In ... for multi-class registration, fraud must
be considered class-by-class: G&W Laboratories, Inc v G W Pharma Limited (TTABlog) TTAB affirms
2(d) ...
5 Jul, 2007 12:10 pm
... to explicitly include the federal government. A further problem is that the federal government often develops inventions for its own use in laboratories or research facilities to serve the needs of national security in promoting public safety or welfare. These inventions are ... it might raise
this prior invention as an invalidity defense pursuant to the current § 102(g). Del Mar Engineering Laboratories, Inc. v. United States, 524 F.2d 1178,1182, 1185 (Ct. Cl. 1975), adopting, 186 U.S.P.Q. 42 (Ct. ...
7 Oct 6:44 am
... arguments as claim construction objections. Such validity arguments are not properly resolved at the claim construction stage." The Court's decision stands as a warning to D.
Del. practitioners: aggressive Markman tactics will not succeed in this district. (See also footnote 5 of the Court's opinion.) Forest
Laboratories Inc. v. Cobalt Laboratories Inc., C.A. No. 08-021-GMS-LPS (D. Del. Sept. 21, 2009) (Sleet, C.J.).
24 Sep 5:09 am
... d, 47 F.3d 116 (4th Cir. 1995); Spence v. Miles Laboratories, Inc., 810 F. Supp. 952, 958-59
(E.D. Tenn. 1992); Strunk v. Lear Siegler, Inc., 1992 WL 295042, at *3-4 (D. Kan. Sep. 22, 1992); ... , 1281 (Pa. Super. 1988); Smith v.
Daimlerchrysler Corp., 2002 WL 31814534, at *6 (Del. Super. Nov. 20, 2002); Grant v. Bridgestone/Firestone, ... federal safety requirements"
and was preempted) (applying Ohio law); In re Medtronic, Inc. Sprint Fidelis Leads Products Liability Litigation, 592 F. Supp.2d 1147, ...
28 Sep 1:31 am
... d, 47 F.3d 116 (4th Cir. 1995); Spence v. Miles Laboratories, Inc., 810 F. Supp. 952, 958-59
(E.D. Tenn. 1992); Strunk v. Lear Siegler, Inc., 1992 WL 295042, at *3-4 (D. Kan. Sep. 22, 1992); ... , 1281 (Pa. Super. 1988); Smith v.
Daimlerchrysler Corp., 2002 WL 31814534, at *6 (Del. Super. Nov. 20, 2002); Grant v. Bridgestone/Firestone, ... federal safety requirements"
and was preempted) (applying Ohio law); In re Medtronic, Inc. Sprint Fidelis Leads Products Liability Litigation, 592 F. Supp.2d 1147, ...
28 Sep 1:31 am
... d, 47 F.3d 116 (4th Cir. 1995); Spence v. Miles Laboratories, Inc., 810 F. Supp. 952, 958-59
(E.D. Tenn. 1992); Strunk v. Lear Siegler, Inc., 1992 WL 295042, at *3-4 (D. Kan. Sep. 22, 1992); ... , 1281 (Pa. Super. 1988); Smith v.
Daimlerchrysler Corp., 2002 WL 31814534, at *6 (Del. Super. Nov. 20, 2002); Grant v. Bridgestone/Firestone, ... federal safety requirements"
and was preempted) (applying Ohio law); In re Medtronic, Inc. Sprint Fidelis Leads Products Liability Litigation, 592 F. Supp.2d 1147, ...
28 Sep 1:31 am
... d, 47 F.3d 116 (4th Cir. 1995); Spence v. Miles Laboratories, Inc., 810 F. Supp. 952, 958-59
(E.D. Tenn. 1992); Strunk v. Lear Siegler, Inc., 1992 WL 295042, at *3-4 (D. Kan. Sep. 22, 1992); ... , 1281 (Pa. Super. 1988); Smith v.
Daimlerchrysler Corp., 2002 WL 31814534, at *6 (Del. Super. Nov. 20, 2002); Grant v. Bridgestone/Firestone, ... federal safety requirements"
and was preempted) (applying Ohio law); In re Medtronic, Inc. Sprint Fidelis Leads Products Liability Litigation, 592 F. Supp.2d 1147, ...
16 Aug, 2007 7:20 am
... did not protect communications relevant to or within the scope of discovery"); Stigliano v. Connaught Laboratories, Inc., 658 A2d 715, 718 (N.J. 1995) ("[b]y bringing suit ... means of eliminating non-essential witnesses from the list completely. Romine v. Medicenters,
Inc., 476 So. 2d 51, 55 (Ala. 1985). Restricting informal physician ... -patient privilege); Green v. Bloodsworth, 501 A.2d 1257, 1258-59
(Del. Super. 1985) ("This Court will not condone the use of the formal discovery rules as a shield ...
27 Mar, 2007 1:18 am
... Suit Over Patent Infringement by Generic Drug Makers Takeda Chemical Industries Inc. v. Mylan Laboratories Inc. U.S. DISTRICT COURT SOUTHERN DISTRICT OF NEW YORK Employment Workplace ... Under Broader
'Burlington Northern' Standard Moore v. Consolidated Edison Company of New York Inc. U.S. DISTRICT COURT SOUTHERN DISTRICT OF NEW YORK
Attorney's Fees Plaintiff ... Court Rejects Bid to Dismiss Cuban Effort to Cancel U.S. Cigar Firm's Registration of 'Cohiba' Mark Empresa Cubana del Tabaco v. Culbro Corp.
4 Oct, 2007 1:45 pm
Howard Hess Dental Laboratories Inc. v. Dentsply Int'l, 2007 WL 2807292 (D.Del. Sept. 26, 2007) This opinion resolved several motions filed in two different antitrust class actions (the "Hess" action ... the Hess action and granted
various Defendants' motions to dismiss in the Jersey Dental action. Plaintiffs were dental laboratories that purchased dental products from one
Defendant, Dentsply, a manufacturer and distributor of dental products. In the Hess action ...
4 Oct, 2007 1:45 pm
Howard Hess Dental Laboratories Inc. v. Dentsply Int'l, 2007 WL 2807292 (D.Del. Sept. 26, 2007) This opinion resolved several motions filed in two different antitrust class actions (the "Hess" action ... the Hess action and granted
various Defendants' motions to dismiss in the Jersey Dental action. Plaintiffs were dental laboratories that purchased dental products from one
Defendant, Dentsply, a manufacturer and distributor of dental products. In the Hess action ...
20 Nov, 2007 12:12 pm
Mich. First Credit Union v. Cumis Ins. Soc'y, Inc., 2007 WL 4098213 (E.D. Mich. Nov. 16, 2007) In May 2007, the court entered an order granting
... , up to this point, addressed the discoverability of metadata. In Wyeth v. Impax Laboratories, Inc., 2006 WL 3091331, *2 (D. Del. 2006) (unpublished), the court stated that "[m]ost metadata is of ... R.D. at
651). Likewise, the Eastern District of Kentucky stated in Kentucky Speedway, LLC v. NASCAR, Inc., 2006 U.S. Dist LEXIS 92028, *24 (E.D. Ky.
2006), "In ...
24 Jul 2:29 pm
... then look at 2007. In late October 2006, the District Court decided Wyeth v. Impax Laboratories, Inc., 248 F.R.D. 169 (Oct. 26, 2006), declining to order a ... ;L Gates on their Electronic Discovery Law blog. In the winter of 2007, in Empire Financial
Services, Inc. v. The Bank of New York, 2007 WL 625899 (Feb. 20, 2007), the Superior ... , in RLI Ins. Co. v. Indian River Sch. Dist., 2007 WL
3112417 (D.Del. Oct. 23, 2007), the District Court decline to require adherence with its Default Standard for E- ...
20 Jan, 2007 2:00 pm
In Ostroff v. Quality Services Laboratories, Inc., (Del.
Ch., Jan. 2007), read opinion here, the Chancery Court was called upon to interpret several related agreements and to determine whether to consider extrinsic evidence in the context of
cross-motions for summary judgment....
30 Mar 11:08 pm
... C. Huck in the Southern District of Florida. Both defendants admitted to working at Midway Medical Center Inc. (Midway), a Miami clinic
that purported to specialize in the treatment of patients with HIV. According to plea documents, Del Cueto was ... to manipulate the blood
samples drawn from Midway's patients before the blood was sent to a laboratory for analysis. In her plea, Del Cueto admitted to ordering
that patients at Midway receive medications to treat thrombocytopenia despite knowing that ...
19 Aug 1:24 pm
... to take any action to amend their Answer. Laboratory Skin Care, Inc., et al. v. Limited Brands, Inc. et al., C.A. No. 06-601-JJF (D. Del. Aug. 17, 2009). Defendants argued that they could not have amended their
answer to plead inequitable conduct with particularity ... to move to amend after defendants received the deposition transcript or concurrently with their summary judgment motion. Id.
at 8-9. Laboratory Skin Care, Inc., et al. v. Limited Brands, Inc. et al., C.A ...
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