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Case Briefing
District Court's Outrage At Profit Motivation Can't Justify Attorney-Fee Award
Because the U.S. District Court for the Eastern District of Pennsylvania correctly determined that the asserted patent claims for antidiarrheal medicine Imodium(R) Advanced were invalid, but clearly erred in finding this to be an exceptional case within the meaning of 35 U.S.C. ' 285 and awarding attorney fees to defendant, the U.S. Court of Appeals for the Federal Circuit affirmed in part and reversed in part. McNeil-PPC Inc. v. L. Perrigo Co., NO. 02-1516, 2003 U.S. App. LEXIS 15442 (Fed. Cir., 8/1/03).
In the late 1980s, facing the then-imminent expiration of its patent covering the best-selling antidiarrheal product Imodium R A-D, McNeil-PPC sought patentable improvements that would allow it to extend its position as market leader. McNeil scientists evaluated a combination of Imodium(R) A-D's active ingredient (2 mg loperamide) and 125 mg simethicone (an anti-gas drug), and allegedly found that the combination produced a synergistic effect. McNeil was granted two patents on the combination, as well as two patents for a method for increasing the drug's shelf life McNeil has sold the resulting tablets as Imodium(R) Advanced since 1997, pursuant to an approved New Drug Application (NDA).
Yachts, Jets, Horses & Hooch: Specialized Commercial Leasing Models
Defining commercial real estate asset class is essentially a property explaining how it identifies — not necessarily what its original intention was or what others think it ought to be. This article discusses, from a general issue-spot and contextual analysis perspective, how lawyers ought to think about specialized leasing formats and the regulatory backdrops that may inform what the documentation needs to contain for compliance purposes.
Hyperlinked Documents: The Latest e-Discovery Challenge
As courts and discovery experts debate whether hyperlinked content should be treated the same as traditional attachments, legal practitioners are grappling with the technical and legal complexities of collecting, analyzing and reviewing these documents in real-world cases.
Identifying Your Practice's Differentiator
How to Convey Your Merits In a Way That Earns Trust, Clients and Distinctions Just as no two individuals have the exact same face, no two lawyers practice in their respective fields or serve clients in the exact same way. Think of this as a "Unique Value Proposition." Internal consideration about what you uniquely bring to your clients, colleagues, firm and industry can provide untold benefits for your law practice.
Risks and Ad Fraud Protection In Digital Advertising
The ever-evolving digital marketing landscape, coupled with the industry-wide adoption of programmatic advertising, poses a significant threat to the effectiveness and integrity of digital advertising campaigns. This article explores various risks to digital advertising from pixel stuffing and ad stacking to domain spoofing and bots. It will also explore what should be done to ensure ad fraud protection and improve effectiveness.
Turning Business Development Plans Into Reality
This article offers practical insights and best practices to navigate the path from roadmap to rainmaking, ensuring your business development efforts are not just sporadic bursts of activity, but an integrated part of your daily success.