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12 Jul 2017, 1:25 pm by Lawrence B. Ebert
”).2footnote 2 relates to undeveloped arguments:Although ContentGuard fashions its arguments tothis court as objections to “practicing the priorart/prosecution disclaimer,” see, e.g., Appellant’s Br. 38,41, 43 (internal quotation marks omitted), ContentGuardprovides only bare assertions of prosecution disclaimerthat we will not review, see SmithKline Beecham Corp. v.Apotex Corp., 439 F.3d 1312, 1320 (Fed. [read post]
1 Jul 2017, 7:24 pm by Schachtman
SmithKline Beecham Corp., No. 03275, 2015 WL 5970639 (Phila. [read post]
6 May 2016, 5:20 am by John Elwood
SmithKline Beecham Corp. [read post]
5 Apr 2016, 2:12 am by Dennis Crouch
SmithKline Beecham Corp., 791 F.3d 388 (3d Cir. 2015). [2] Supreme Court Docket No. 15-1055. [3] 35 U.S.C. [read post]
3 Mar 2016, 5:19 am
  Pharmaceutical companies then, who must warn ultimate purchasers of dangers inherent in patent drugs sold over the counter, in selling prescription drugs are required to warn only the prescribing physician, who acts as a “learned intermediary” between manufacturer and consumer.Because patients can obtain prescription drugs only through their prescribing physician or another authorized intermediary and because the “learned intermediary” is best suited to weigh the… [read post]
5 Feb 2016, 7:55 am by Schachtman
Vitale’s failure to acknowledge explicitly the limitations of his systematic review, an omission that virtually defines expert witness reports in litigation. [read post]
26 Jan 2016, 10:43 am by Seyfarth Shaw LLP
SmithKline Beecham Corp., which would have excluded pharmaceutical sales representatives, and favored a “functional,” “flexible,” and “realistic” rather than “technical” and “formalistic” approach to interpreting the FLSA exemption. [read post]
31 Dec 2015, 5:12 am
  Celexa was the first appellate decision recognizing that Mensing (2011 +1) impossibility preemption cannot be limited to generic drugs. [read post]
24 Dec 2015, 4:00 am by Administrator
Each Thursday we present a significant excerpt, usually from a recently published book or journal article. [read post]
1 Oct 2015, 6:47 am by Joy Waltemath
SmithKline Beecham Corp., in which the Supreme Court noted that it was “premised on the belief that exempt employees typically earned salaries well above the minimum wage and enjoyed other benefits that set them apart from the nonexempt workers entitled to overtime pay. [read post]
24 Mar 2015, 7:03 am by Joy Waltemath
SmithKline Beecham Corporation, the Supreme Court explained that the definition of “sale” in 29 U.S.C. [read post]
12 Dec 2014, 5:06 am
 The whole of X is not new, otherwise the limitation defined by the process would not be needed. [read post]
7 Nov 2014, 5:52 am
Law Div. 2005).Heeding presumptions are something that exists in some states (Massachusetts, Missouri, Oklahoma), doesn’t in others (California, Connecticut, Alabama), and is limited in still others (New, Jersey, Pennsylvania, Texas). [read post]
14 Oct 2014, 5:29 am by Schachtman
SmithKline Beecham Corp., 529 F.Supp. 2d 1294, 1301 & n.9 (D. [read post]