Application of the Reverse Doctrine of Equivalents to Amgen v. Hoechst Marion, Inc.
August 26, 2003
In the previous issue, we discussed the principle of the Reverse Doctrine of Equivalents and provided several illustrations of cases that have addressed the same. In this issue, we apply the principle to the <i>Amgen, Inc. v. Hoechst Marion, Inc.</i> case, wherein the defendants Hoecht Marion and Transkarayotic Therapies (collectively 'TKT') were found liable for infringing several of Amgen's patents. <i>Amgen, Inc. v. Hoechst Marion, Inc.</i>, 126 F. Supp. 2d 69 (D. Mass. 2001). Although the Reverse Doctrine of Equivalents defense was not raised, this article discusses how this doctrine might have relieved TKT of liability.
Net News
August 26, 2003
Recent developments in Internet law and in the Internet industry.
Proof of Infringement Not Required To Obtain Injunction Under DMCA
August 26, 2003
The United States District Court for the District of Hawaii recently ruled in favor of Defendant Motion Picture Association of America (MPAA) and against InternetMovies.com in a case that underscores the broad powers afforded to copyright holders under the Digital Millennium Copyright Act (DMCA).
PA Law Covers Just the Fax, Not the E-Mail
August 26, 2003
Federal law that prohibits sending unsolicited advertisements to fax machines does not affect unsolicited commercial e-mail, the Pennsylvania Superior Court has ruled.
FTC Struggles To Gain Ground In War On Spam
August 26, 2003
Get rich suing spammers or your money back! If offers like that get your goat, you are not alone. Angry consumers forward about 130,000 spam messages to the Federal Trade Commission every day, Chairman Timothy Muris said at the FTC's first Spam Forum. As recently as 2001, the average was just 10,000 per day, he said. The FTC has stepped up its enforcement efforts in the past year. For instance, it announced the fourth in a series of joint federal-state sweeps directed at Internet fraud, including deceptive spam. But there is widespread agreement among experts that existing legal tools are insufficient for the task.
'Effects Test' for Jurisdiction Gets Another Nod
August 26, 2003
In its first case on Internet jurisdiction, the North Dakota Supreme Court has affirmed a $3 million libel award to a university professor who was defamed on a student's Web site.
Are You Breaking the Law?
August 26, 2003
Internet law has developed in lock step with the Internet, and both interpenetrate every aspect of a company-employee relationship. From how to handle employee data to accommodating disabled Internet users to preventing security breaches that an employee's juvenile family members might cause from a computer in the home that is also used for work purposes, numerous new legal difficulties await the unprepared human resource professional. This is the first of a two-part article detailing the top 10 things companies need to know about Internet law.
CASE BRIEFS
August 26, 2003
Highlights of the latest insurance cases from around the country.
Hacker Attack: Data Loss Considered Covered Property Under First-Party Policy
August 26, 2003
The U.S. Court of Appeals for the 4th Circuit has recently weighed in on the applicability of standard-form, first-party property policies to the loss of computer data, finding such data loss resulting from a hacker attack by a former employee of the insured to be covered property damage. <i>NMS Services, Inc. v. The Hartford,</i> No. 01-2491, 2003 WL 1904413 (4th Cir., April 21, 2003)
Insurance Company Insolvencies: A Primer for Corporate Policy Holders
August 26, 2003
The past several years have seen some major property-casualty insurance companies on the ropes and worse, far worse. Home Indemnity Company and Legion Insurance Company, two notable insolvency casualties, have left their policyholders without the full protection paid for and required. Sadly, they pale in comparison to the train wreck that is Reliance Insurance Company. The demise of Reliance has had repercussions for insurance buyers and others all over. Once a fixture in the directors' and officers' ('D&O') liability insurance marketplace, among other insurance markets, Reliance is now well underway in the liquidation process, after a brief and unsuccessful attempt at 'rehabilitation.' The Reliance debacle has left policyholders scrambling to protect themselves while state insurance departments wrangle with one another in an attempt to snap up a share of the inadequate pool of assets left behind in the collapse of Reliance.
