Law.com Subscribers SAVE 30%
Call 855-808-4530 or email [email protected] to receive your discount on a new subscription.
Case Briefing
TRO Issued in First-to-File Market Exclusivity Battle
Alpharma Inc. has announced that its wholly owned subsidiary, Purepac Pharmace, was granted a temporary restraining order Oct. 29 in a lawsuit in the U.S. District Court for the District of Columbia. Purepac brought this suit seeking first-to-file status on its version of Glucophage XR, a Bristol-Myers Squibb Type 2 diabetes drug. On Oct. 28, Ivax Corp. had announced it had received final approval and confirmation of its first-to-file status on its Abbreviated New Drug Application from the FDA. In obtaining the restraining order, Purepac effectively removed Ivax's product from the market, at least in the short term. Under the terms of the temporary restraining order, the FDA has been instructed to delay the effective date of approval of Ivax's ANDA on extended-release metformin hydrochloride tablets until mid-November, when a hearing on Purepac's claims can be held.
District Court Too Hasty in Ruling on Forum
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?
"Holy Fair Use, Batman": Copyright, Fair Use and the Dark Knight
The copyright for the original versions of Winnie the Pooh and Mickey Mouse have expired. Now, members of the public can create — and are busy creating — their own works based on these beloved characters. Suppose, though, we want to tell stories using Batman for which the copyright does not expire until 2035. We'll review five hypothetical works inspired by the original Batman comic and analyze them under fair use.