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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).
Major Differences In UK, U.S. Copyright Laws
This article highlights how copyright law in the United Kingdom differs from U.S. copyright law, and points out differences that may be crucial to entertainment and media businesses familiar with U.S law that are interested in operating in the United Kingdom or under UK law. The article also briefly addresses contrasts in UK and U.S. trademark law.
The Article 8 Opt In
The Article 8 opt-in election adds an additional layer of complexity to the already labyrinthine rules governing perfection of security interests under the UCC. A lender that is unaware of the nuances created by the opt in (may find its security interest vulnerable to being primed by another party that has taken steps to perfect in a superior manner under the circumstances.
Strategy vs. Tactics: Two Sides of a Difficult Coin
With each successive large-scale cyber attack, it is slowly becoming clear that ransomware attacks are targeting the critical infrastructure of the most powerful country on the planet. Understanding the strategy, and tactics of our opponents, as well as the strategy and the tactics we implement as a response are vital to victory.
Removing Restrictive Covenants In New York
In Rockwell v. Despart, the New York Supreme Court, Third Department, recently revisited a recurring question: When may a landowner seek judicial removal of a covenant restricting use of her land?
The Cost of Making Partner
Making partner isn't cheap, and the cost is more than just the years of hard work and stress that associates put in as they reach for the brass ring.