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21 Jan 2016, 2:08 pm by Rick Hills
On one hand, Part V(A)(1) of Judge Smith’s opinion finds that DAPA is reviewable because it is not merely an exercise of prosecutorial discretion akin to the FDA’s decision not to bring an action against drug makers in Heckler v. [read post]
10 Mar 2008, 6:44 am
Supreme Court Deals Blow to Lawsuits Against Defective Products", the Court heard arguments on February 25 in Warner-Lambert v. [read post]
5 Mar 2011, 2:38 pm
"  Under the "cat's paw" theory,  an employer can be held liable for discrimination when a final decision-maker is influenced to take an adverse action against... [read post]
5 Mar 2011, 2:38 pm
"  Under the "cat's paw" theory,  an employer can be held liable for discrimination when a final decision-maker is influenced to take an adverse action against... [read post]
19 Sep 2015, 6:57 pm
This analysis appears mandated by the Supreme Court of Canada, in Tataryn v. [read post]
13 Jun 2016, 2:00 am by Paul Caron
Tax Court ruled, finding for the medical device maker in its $2 billion transfer pricing dispute (Medtronic v.... [read post]
13 Sep 2020, 9:15 am by Kristin Doyle
The Federal Circuit has repeatedly confirmed that secondary consideration evidence is an integral part of an obviousness analysis (indeed, it “may be the most pertinent, probative, and revealing evidence available to the decision maker in reaching a conclusion on the obviousness/nonobviousness issue”) and thus has mandated consideration of such evidence in assessing obviousness (Mintz v. [read post]
29 Jan 2009, 1:29 pm
In R. v. [read post]
14 Oct 2019, 2:15 pm by Nancy Braman
The finding of nonobviousness means that Actavis, owned by generic drug maker... [read post]