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25 Aug 2015, 10:55 am by Duets Guest Blogger
The cases of Bristol-Myers Squibb v Paranova and Boehringer II in particular held that where a parallel importer re-packages goods, the following conditions must be satisfied to prevent infringement: The repacking must be objectively necessary to avoid market partitioning; The condition of the product must not be effected; The manufacturer and the importer must be clearly identified; The reputation of the mark and its owner must not be damaged; and The importer must give notice to… [read post]
24 Nov 2010, 12:37 am by Kelly
General Global pharmaceutical linkage regulations: A consortium framework (IP Osgoode) Pfizer rolling out generics to grab off-patent market (GenericsWeb) Australia: Too little too late: CSL Limited v Novo Nordisk Pharmaceuticals Pty Ltd (No 2) and the judicial discretion to amend a patent (IP Whiteboard) Brazil: You lost your chance! [read post]
7 Jul 2020, 4:59 am by John Jascob
One justice dissented on the basis that the board already knew the CEO would likely get a pay raise and the details of a secret presentation about the pay proposal did not add anything material (City of Fort Myers General Employees’ Pension Fund v. [read post]
16 Feb 2011, 12:04 am by war
It looks like they would also do away with all the problems of the “threshold” requirement introduced by Phillips v Mirabella (the nature of the problem is laid out at paragraphs 19 to 27 of Bristol-Myers Squibb v Faulding). [read post]
10 Jul 2012, 7:00 pm by Schachtman
Liggett & Myers Tobacco Co., 295 F.2d 292 (1961); Lartigue v. [read post]
28 Sep 2009, 1:31 am
Finally, the Reese court invoked “important policy concerns” that weighed against allowing common-law claims asserting liability for failure to recall a legally-marketed product: Because the cost of locating, recalling, and replacing mass-marketed products can be enormous and will likely be passed on to consumers in the form of higher prices, the recall power should not be exercised without extensive consideration of its economic impact. [read post]
28 Sep 2009, 1:31 am
Finally, the Reese court invoked “important policy concerns” that weighed against allowing common-law claims asserting liability for failure to recall a legally-marketed product: Because the cost of locating, recalling, and replacing mass-marketed products can be enormous and will likely be passed on to consumers in the form of higher prices, the recall power should not be exercised without extensive consideration of its economic impact. [read post]
28 Sep 2009, 1:31 am
Finally, the Reese court invoked “important policy concerns” that weighed against allowing common-law claims asserting liability for failure to recall a legally-marketed product: Because the cost of locating, recalling, and replacing mass-marketed products can be enormous and will likely be passed on to consumers in the form of higher prices, the recall power should not be exercised without extensive consideration of its economic impact. [read post]