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15 Oct 2018, 7:05 am by Deborah Heller
The Ninth Circuit reversed and stated that Apple acts as a distributor because it sells and delivers the apps to the consumers and thus consumers, as direct purchasers, must be able to sue Apple for damages. [read post]
13 Jun 2008, 12:12 pm
Mercedes-Benz USA, LLC, 872 A.2d 783 (N.J. 2005), in which the court refused to allow consumer fraud actions in the absence of real, out-of-pocket damages:The ascertainable loss requirement operates as an integral check upon the balance struck by the CFA between the consuming public and sellers of goods. [read post]
5 Mar 2010, 12:45 pm by Stephen Albainy-Jenei
Here comes the Patent Reform Act of 2010 in the form of an Amendment in the Nature of a Substitute to S. 515 (“Amendment to S. 515”). [read post]
13 Jul 2021, 5:05 am by Eugene Volokh
Another excerpt from the First Amendment section of my Social Media as Common Carriers? [read post]
3 Dec 2009, 8:04 pm
In counseling that courts "need not seek out precise teachings directed to the specific subject matter of the challenged claim," the Supreme Court clarified that courts may look to a wider diversity of sources to bridge the gap between the prior art and a conclusion of obviousness. [read post]
6 Sep 2021, 11:52 am by Eric Goldman
The court summarizes the allegations: Plaintiffs John Doe #1 and John Doe #2 allege that when they were thirteen years old they were solicited and recruited for sex trafficking and manipulated into providing to a third-party sex trafficker pornographic videos (“the Videos”) of themselves through the social media platform Snapchat. [read post]
3 Oct 2023, 9:01 pm by renholding
In March 2021, after allegedly raising hundreds of millions of dollars from investors, the Company, under the direction of its new CEO, announced that it would “deemphasize” its contract engineering services line and removed its revenue projections from its public filings. [read post]
22 Dec 2009, 8:57 pm
USA, Inc., 566 F.3d 989, 989-99 (Fed. [read post]
6 Aug 2021, 4:00 am by Jim Sedor
Rand Paul’s Presidential PAC Over Contributions USA Today – Morgan Watkins (Louisville Courier-Journal) | Published: 7/29/2021 The FEC fined U.S. [read post]
26 Nov 2018, 10:20 am by Eric Goldman
During the period from 2002 through 2016, Google displayed advertisements for nine of the 14 contact lens retailers that are parties to the Challenged Agreements, as a result of their direct bidding on 1-800 Contacts’ trademark terms prior to entering into the agreements. [read post]
17 Sep 2024, 2:22 pm by Cynthia Marcotte Stamer
FTC July 2024 Interim Report On 6th Largest PBMS In July 2024, the FTC released its Report on Pharmacy Benefit Managers: The Powerful Middlemen Inflating Drug Costs and Squeezing Main Street Pharmacies (the “FTC Report”) that reports the FTC’s interim findings from its ongoing study of the six largest PBMs – Caremark Rx, LLC; Express Scripts, Inc.; OptumRx, Inc.; Humana Pharmacy Solutions, Inc.; Prime Therapeutics LLC; and MedImpact Healthcare Systems,… [read post]
15 Feb 2008, 9:00 am
: (Spicy IP),USD 20 billion going off-patent: (Patent Circle),Canadian Prices Review Board asserts jurisdiction over products sold in US, but imported into Canada under Special Access Program: (Gowlings),Canadian Court of Appeal affirms decision allowing patent-owner to be joined to proceedings: Cobalt v Pfizer and Pharmascience v Pfizer: (Gowlings),PharmaStem appeals stem cell patent: asks for greater deference to patent examiners: PharmaStem … [read post]
22 Mar 2008, 2:00 am
: (IP finance),ICANN proposes new anti-domain tasting solution: (Out-Law),Three strikes, three countries:France, Japan and Sweden: (Electronic Frontier Foundation)Global - PatentsTRIPS Council: Half of WTO membership backs biodiversity amendment: (Intellectual Property Watch),The costs and benefits of patents to innovators: (Patently-O), (response from Patent Prospector),Discussion of ‘Patent Failure: How Judges, Bureaucrats, and Lawyers Put Innovators at Risk’ by economists … [read post]
8 Feb 2008, 7:00 pm
You can separately subscribe to the IP Thinktank Global week in Review at the Subscribe page: [duncanbucknell.com] Highlights this week included:Record labels sue Baidu over providing links to file-sharing sites: (Ars Technica), (Techdirt), (Out-Law), (IP Law360), (Copyfight), Merck’s Fosamax patent expires: Watson Pharmaceuticals to distribute authorized generic version, Teva and Barr also launch FDA approved generic versions: (SmartBrief), (Patent Circle), (In … [read post]
19 Feb 2011, 3:32 pm
M-I LLC, 514 F.3d 1244, 1256 n.7 (Fed. [read post]
24 Apr 2009, 3:47 am
Please direct corrections, comments, questions, subscription requests and inquiries to Mr. [read post]
2 May 2008, 7:00 am
: Lupin v Abbott Labs: (FDA Law Blog), Plavix (Clopidogrel) – US: Apotex sues FDA to recover 180-day exclusivity on generic Plavix: (Orange Book Blog), Plavix (Clopidogrel) – US: Former Bristol-Myers Squibb executive charged over lying about Plavix deal struck with rival Apotex: (Managing Intellectual Property), Risperdal (Resperidone) – US: Apotex files motion to intervene in relisting of Risperdal patent case; Teva quickly files opposition: Teva Pharma… [read post]