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Case Briefing
Finding of Per Se Anti-Trust Violation Overturned
If a drug maker might arguably have been entitled to market exclusivity because of the patents it holds, its payment to generic rivals to induce them to stay out of the market is not necessarily a violation of federal anti-trust laws. Valley Drug Co. v. Geneva Pharmaceuticals Inc., No. 02-12091 (11th Cir, 9/15/03).
The patent holder, Abbott Laboratories, contracted with Geneva Pharmaceuticals Inc. and Zenith Goldline Pharmaceuticals – drug manufacturers that filed abbreviated new drug applications to market generic versions of Abbott's drug Hytrin(R) – to keep the generics off the market. Other potential generic makers of Hytrin that were not parties to the contract brought suit claiming anti-trust violations. A Florida trial court found that an agreement such as this was a per se illegal restraint of trade.
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.
Legal Possession: What Does It Mean?
Possession of real property is a matter of physical fact. Having the right or legal entitlement to possession is not "possession," possession is "the fact of having or holding property in one's power." That power means having physical dominion and control over the property.
The Anti-Assignment Override Provisions
UCC Sections 9406(d) and 9408(a) are one of the most powerful, yet least understood, sections of the Uniform Commercial Code. On their face, they appear to override anti-assignment provisions in agreements that would limit the grant of a security interest. But do these sections really work?