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5 Mar 2009, 4:55 am
American Honda Motor Co., 529 U.S. 861, (2000), Justice Breyer wrote a majority opinion that expressly rejected Justice Stevens's call in the dissent for the use of a presumption against preemption in analyzing implied preemption. [read post]
14 Feb 2009, 11:56 am
This post is by my colleagues Gail Lees, Andrew Tulumello, Chip Nierlich, Mark Whitburn and Chris Chorba. [read post]
31 Aug 2011, 3:37 pm
This is consistent with several court of appeals decisions issued shortly before Dukes, in particular the Seventh Circuit’s decision in American Honda Motor Co. v. [read post]
29 May 2008, 10:00 am
Medtronic, Inc., rejecting the contention that manufacturers had broad discretion to make unilateral post-approval changes to FDA approved devices. 128 S. [read post]
19 Aug 2010, 1:50 pm
That would be a preempted fraud on the FDA claim under Buckman Co. v. [read post]
12 Feb 2008, 8:29 am
" Buckman Co. v. [read post]
12 Sep 2008, 2:33 pm
: (IP finance), MARQUES international advertising portal goes live: (Class 46) Global - Patents Using patent landscaping analytics to improve the quality of M & A decisions: a review of Cox Enterprises’ $300M purchase of Adify: (IP Asset Maximiser Blog), Universities reap royalty rewards; investors ignore IP at their peril: (IAM), Top IP-owning nations claim faster patent processing; near harmonisation deal: (Intellectual Property Watch), Bosch, Xerox and Dupont sign up… [read post]
4 Sep 2008, 11:49 am
American Honda Motor Co., 529 U.S. 861 (2000). [read post]
29 Aug 2008, 1:25 pm
– Discussion of IPFrontline.com article ‘Understanding Intellectual Property Value’: (IP finance), How to make sure your IP strategy plan is not doomed to failure: (IP Asset Maximizer Blog) Improve venture capital returns with IP portfolio management: (Ezine @rticles) Global - Trade Marks / Domain Names / Brands Trade mark strategy – counterintuitive names: (IP Thinktank), ICANN Intellectual Property Constituency paper on sunrise mechanisms for… [read post]
18 Oct 2007, 7:27 am
As practically anybody bothering to read this blog knows, a large bipartisan majority of Congress just passed, and the president signed, a new bill that strengthens the FDA. [read post]
31 Jul 2008, 5:30 pm
As most of our regular readers no doubt already know, not quite two weeks ago, we had to flip one of the cases in our Drug Preemption Scorecard. [read post]
8 Nov 2007, 1:04 pm
Pfizer, Inc., 2006 WL 2819046, at *9 (D.N.J. [read post]
12 Dec 2007, 2:33 pm
" Rather, what's called the "statutory background" in the initial "Statement of the Case" (W-L br. at 3-11) amounts to a carefully sculpted non-argumentative argument that goes to one of the linchpins of the Supreme Court's earlier analysis of fraud on the FDA preemption in Buckman Co. v. [read post]
