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2 Oct, 2008 4:27 am by Peter Rost
... inducements to prescribe Genotropin. (Am. Compl. 62(f)). Pharmacia also conducted adult and child growth hormone "clinical research programs" which were, in Plaintiff's view, ... no factual or statistical evidence to strengthen the inference of fraud beyond possibility." Rost, 570 F.3d at 733. To correct the deficiencies in his first complaint, Dr. Rost alleges more ... the FCA as a matter of law." See Shaw v. AAA Eng'g & Drafting, Inc., 213 F.3d 519, 534 (10th Cir. 2000) (explaining government ...
THE PHARMA LAW BLOG - http://peterrost.blogspot.com/
5 Sep, 2008 10:00 am by Rebecca Tushnet
Procter & Gamble Co. v. Ultreo, Inc., -- F. Supp. 2d --, 2008 WL 4066710 (S.D.N.Y.) Despite an earlier procedural victory in ... mouth. Second, claims that allegedly attribute a cleaning/plaque-removal effect to ultrasound, e.g. "the Ultimate Ultrasound Clean" and comparisons stating that while "[a] power toothbrush scrubs your ... t believe there were any such preexisting beliefs, but he conducted no research on this point, and Ultreo introduced numerous toothbrush and toothpaste ads referring to ...
43(B)log - http://tushnet.blogspot.com/index.html
12 Jan, 2007 6:20 pm by Lawrence B. Ebert
... e)(1) as construed in Lilly and Merck. n89 footnote 89 states: Classen Immunotherapies, Inc. v. Biogen IDEC, 381 F. Supp. 2d 452 (D. Md. 2005). Thus, the 2006 Elan case may not be the first on Merck v. Integra and research tools. In passing, O'Malley did ... Scalia/Kennedy schism therein looks pretty tame compared to the footnote battle of Scalia/Thomas in MedImmune. *** See also Benjamin G. Jackson, Merck v. Integra: Bailing Water Without Plugging the Hole, 20 BYU J. Pub. L. ...
IPBiz - http://ipbiz.blogspot.com
5 Dec, 2006 8:52 am by Walter James
The Marine Protection Research and Sanctuaries Act ("MPRSA") imposes a blanket prohibition on the un-permitted disposal of "material" into ocean waters. This characterization requires the MPRSA to be narrowly construed ... connotes a specific state of mind with respect to the conduct of transporting materials. See, e.g., United States v. United States Gypsum Co., 438 U.S. ... the permit requirement). See, United States v. Johnson & Towers, Inc., 741 F.2d 662 (3rd Cir. 1984), cert. denied, 469 U.S. ...
Environmental Crimes Blog - http://environmentalblog.typepad.com/environmental_crimes_blog/
8 Feb, 2008 7:00 pm
... Corp: (Harold Wegner), Frivolous appeal, briefing and argument: F & G Research, Inc v Dynapoint Taiwan: (Harold Wegner), Northern District of California ... Doyle Act does not a patent law make (the dissent): Wisconsin Alumni Research Foundation v Xenon Pharmceuticals: (Patent Baristas), Egyptian Godess - Amicus briefs ... Knowledge), Retroactive work for hire agreements - transfer of copyright: Gladwell Government Services, Inc v County of Marin: (Patry Copyright Blog),: Public interest and industry ...
IP Thinktank - http://duncanbucknell.com/blog
1 Feb, 2008 12:00 am
... disclosure may not be enough: (Intellectual Property Watch), EPO posts 'Why researchers should care about patents': (IPBiz), (IP Updates), Google taking the profit out ... Senate Patent Reform Bill on mandatory search requirements: (IP Updates), Congressional Research Service Report on Patent Reform: (IP Updates), (Anticipate This!), Senate Patent Reform ... Technica), Microsoft - Microsoft settles mouse patent cases brought by F and G Research Inc: (Washington State Patent Law Blog), (IPLaw360), N-Data ...
IP Thinktank - http://duncanbucknell.com/blog
8 Dec, 2007 11:00 am
... months after dismissal of it's first suit against Google in Florida, F&G Research Inc. has filed again in North Carolina over the same patent, ... that Google Earth's controls infringe its intellectual property:(IPLaw360), Klausner Technologies Inc. filed an infringement suit against five new companies over its visual voice ... Patent Law Blog), Microsoft - Anascape Ltd., Microsoft Corp. and Nintendo Inc - Markman claim construction handed down: (IPLaw360), Motion Picture Association of America ( ...
IP Thinktank - http://duncanbucknell.com/blog
15 Apr, 2007 11:52 pm by Mark Reichel
... " so the contempt order (and sanctions) were vacated F&G Research, Inc. v. Paten Wireless Technology, Inc. (order) (04/11/2007, non-precedential): responses by both parties to the court's orders as to whether or not appeals filed should be ... into the independent claim"; discussion of the terms "perpendicular" and "transverse" as relating to holes within the device; "[f]avorable opinions of counsel normally present a well-grounded defense to willfulness, but the protection they afford is ...
Daily Dose of IP - http://dailydoseofip.blogspot.com
24 Aug 5:46 pm by Randall Reese
... 6 Post-Bankruptcy Strategy..............................7 1. 2. 3. 4. D. E. F. G. H. Investing in the Right Products..................7 Investing in the Right Geography.................8 Investing ... a world leader in benefits consulting. At Wyatt, Dr. Schieber served as Vice President, Director for the Research and Information Center, and ultimately Director for North American Benefits Consulting. In ... R. 803, 809-11 (Bankr. W.D. Pa. 2003); In re Jefley, Inc., 219 B.R. 88, 92-93 (Bankr. E.D. Pa. 1998 ...
netDockets Corporate Restructuring and Bankruptcy Blog - http://www.netdocketsblog.com/
13 Oct, 2008 12:12 pm
... certiorari in Nuijten (Hal Wegner) CAFC gets serious about frivolous pleadings: F & G Research v Dynapoint (Taiwan) (Hal Wegner) CAFC reverses jury ... control of suppliers sufficient for direct infringement: Rowe International Corporation v Ecast, Inc (Chicago IP Litigation Blog) Dormant infringement accusation creates declaratory jurisdiction ... affirmatively plead noninfringement: Para Gear Equip.v Square One Parachute, Inc (Chicago IP Litigation Blog) Intel wins partial summary judgment in patent ...
IP Thinktank - http://duncanbucknell.com/blog
... 3d 1012, 1015-18 (7th Cir. 2002); Zinser v. Accufix Research Inst., Inc., 253 F.3d 1180, 1189-90 (9th Cir. 2001); Castano v. ... class under Rule 23(b)(3) in a securities class action alleging in part that a prominent research analyst had conspired with other market participants to defraud consumers about a company's credit facility ... , as long as that analysis is limited to what is necessary to make the requisite certification determinations. See, e.g., Cruz v. Unilock Chicago, 892 N.E.2d 78, 92 (Ill. ...
The Harvard Law School Corporate Governance Blog - http://blogs.law.harvard.edu/corpgov
3 Sep 8:25 pm
... Long. Because Lonza sought to introduce the testimony of an alleged prior inventor under § 102(g) for the purpose of invalidating a patent, Lonza was required to produce evidence corroborating Dr. Long's testimony ... clear and unmistakable disavowal of claim scope. See, e.g., Omega Eng'g, Inc. v. Raytek Corp., 334 F.3d 1314, 1325-26 (Fed. Cir. ... prosecution be both clear and unmistakable."); Bayer AG v. Elan Pharm. Research Corp., 212 F.3d 1241, 1252 (Fed. Cir. 2000) ("In determining whether there has ...
Patent Prospector - http://www.patenthawk.com/blog/
11 Sep 6:31 pm
... license removes any risk that the licensee using the patented invention will underreport, e.g., engage in false reporting, and therefore underpay, as can occur with a running royalty ... licensor; and the benefits to those who have used the invention." Georgia-Pacific, 318 F. Supp. at 1120. Factor 13 is "[t]he portion of the realizable profit that should ... find infringement. The standard is low. An informative case is Moleculon Research Corp. v. CBS, Inc., 793 F.2d 1261 (Fed. Cir. 1986), in which we ...
Patent Prospector - http://www.patenthawk.com/blog/
11 Jan, 2008 9:00 am
... Pharma LP did not engage in conduct that invalidated its patents for OxyContin: (IP Law360), Skelaxin (Metaxalone) - King Pharmaceuticals Inc. drops infringement case against CorePharma LLC concerning its muscle relaxant Skelaxin, agreeing to grant a patent license ... $23 million in damages in trade secrets suit against former employees: (IP Law360), Jan Marini Skin Research Inc - Jan Marini discontinues its latest eyelash-plumping product, while it fights off patent infringement suit and concerns ...
IP Thinktank - http://duncanbucknell.com/blog
9 Jun 9:40 pm
... "a clear and unmistakable surrender of subject matter." Bayer AG v. Elan Pharm. Research Corp., 212 F.3d 1241, 1251 (Fed. Cir. 2000). Even if an isolated statement appears to ... contain agents other than PAA, such as hydrogen peroxide, acetic acid, or sulfuric acid. See, e.g., '676 Patent col.2 ll.27-31, col.4 ll.13-14, col.5 ... in equity is warranted; and (4) that the public interest would not be disserved by a permanent injunction." eBay Inc. v. MercExchange, L.L.C., 547 U.S. 388, 391 (2006). Here, ...
Patent Prospector - http://www.patenthawk.com/blog/
26 Sep 1:57 pm
... art species ([Horrom compound] and [Schmutz X]) and the claimed specie for their ability to avoid e.g. tardive dyskinesia (or whatever undesirable side effect applicant wishes to focus on). PTO Paper No. 10, December ... Products, Inc. v. Total Containment, Inc., 329 F.3d 1358, 1367 (Fed. Cir. 2003). As argued by Appellants, an applicant would not know how much of its research effort must be filed with the PTO, although of no interest to the examiner, or run the risk of accusation of wrongdoing no ...
Patent Prospector - http://www.patenthawk.com/blog/
22 Aug 12:56 am
... . v. Microsoft Corp., 414 F.3d 1366 (Fed. Cir. 2005) (AT&T I); and NTP, Inc. v. Research in Motion, Ltd. The Supreme Court ... of infringement liability, which is what Section 271 is directed to. See, e.g., Joy Tech., 6 F.3d at 773-75 (stating that method claims are infringed only by ... term embracing all of the statutory classes of patentable invention. The court's interpretation of §271(f) to exclude all process inventions is contrary to the text of the statute, ignores the legislative history, ...
Patent Prospector - http://www.patenthawk.com/blog/
20 Sep 11:07 pm
... claim scope to which he would otherwise have an exclusive right by virtue of the claim language. See, e.g., Purdue Pharma L.P. v. Endo Pharms. Inc., ... required. Direct infringement can be proven by circumstantial evidence. Moleculon Research Corp. v. CBS, Inc., 793 F.2d 1261, 1272 (Fed. Cir. 1986). Dr. Swanger ... unreasonable has no fixed boundaries but rather depends on the circumstances." Aukerman, 960 F.2d at 1032. The circumstances of the present case do not support a finding of laches. Affirmed ...
Patent Prospector - http://www.patenthawk.com/blog/
15 Jun 3:00 am
... if not commercially justified: TNS Group Holdings Ltd v Neilsen Media Research Inc (PatLit) Patents Court: No hope for folding ladder patent infringer: ... halts Epistar import ban in dispute between Epistar and Phillips (S&F) (Green Patent Blog) CAFC decision on injunctive relief: District Court abused discretion ... ITC 337 Law Blog) Rambus - Rambus competition probe to be dropped (IPKat) Rothschild, G N - ITC to review initial determination that Professor Rothschild's licensing activities satisfy ...
IP Thinktank - http://duncanbucknell.com/blog
15 Jun 3:00 am
... if not commercially justified: TNS Group Holdings Ltd v Neilsen Media Research Inc (PatLit) Patents Court: No hope for folding ladder patent infringer: ... halts Epistar import ban in dispute between Epistar and Phillips (S&F) (Green Patent Blog) CAFC decision on injunctive relief: District Court abused discretion ... ITC 337 Law Blog) Rambus - Rambus competition probe to be dropped (IPKat) Rothschild, G N - ITC to review initial determination that Professor Rothschild's licensing activities satisfy ...
IP Thinktank - http://duncanbucknell.com/blog
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