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12 Feb 2009, 10:42 am
As we've discussed before, "negligence per se" is one way that plaintiffs in medical device product liability litigation try to package the kinds of "parallel violation" claims that they argue gets them around the preemption ruling in Riegel v. [read post]
16 Jan 2009, 7:00 am
(Canadian Trademark Blog) CIPO to open public consultation period regarding proposed changes to section 45 proceedings (Canadian Trademark Blog) Kraft and Euro-Excellence settle copyright case concerning parallel importation of chocolate bars (Excess Copyright) Toronto Star investigates textbook copying (Michael Geist) (Excess Copyright) CBC on public domain (Michael Geist) (Excess Copyright) Art Gallery of Ontario photography policy faces criticism over restriction based on misleading… [read post]
12 Jan 2009, 7:48 am
While there, he was assigned to work for Federal Prison Industries, Inc. [read post]
9 Jan 2009, 7:00 am
Riches, McKenzie & Herbert LLP (Canadian Trademark Blog) Canadian Private Copying Collective and Best Buy resolve private copying dispute (Michael Geist) 200,000 pirated DVDs confiscated in GTA mall raids; Industry group behind 2-month operation suspects 'hard-core' retailers are linked to organized crime (ContentAgenda) After successfully battling Kraft before Supreme Court, Euro-Excellence settles with Kraft in copyright battle over parallel importation of chocolates… [read post]
5 Jan 2009, 7:47 pm
Having carefully considered the parties' voluminous submissions, the Court agrees.In re Medtronic, Inc. [read post]
15 Dec 2008, 5:56 pm
Medtronic Inc., which came down in February, the Court ruled 8-1 that federal medical-device regulations preempt state product liability suits unless there â [read post]
9 Dec 2008, 7:03 am
***Separately-->Michael Sullivan's IPLawOutline.Note, for example, in discussing Medegen MMS, Inc. v. [read post]
4 Dec 2008, 11:02 am
"Not surprisingly, John's concerns largely parallel ours. [read post]
28 Nov 2008, 12:14 pm
– Tackling music piracy in Africa (Afro-IP)   Australia Patent infringement and account of profits: Black & Decker Inc v GMCA Pty Ltd (No 5) (IP Down Under) MONSTER ENERGY keeps battling: Hansen Beverage Company v Bickfords (Australia) Pty Ltd (Australian Trade Marks Law Blog) High Court provides guidance on contributory infringement provision: Northern Territory v Collins (International Law Office)  PricewaterhouseCooper report – Making the… [read post]
25 Nov 2008, 12:02 pm
Rio Tinto Energy America, Inc. [read post]
12 Nov 2008, 10:02 am
Shiley, Inc., 46 F.3d 1316, 1327-28 (3rd Cir.), cert. denied, 516 U.S. 815 (1995), overruled on other grounds as stated in In re Orthopedic Bone Screw Products Liability Litigation, 159 F.3d 817, 825 (3rd Cir.1998). [read post]