All Tied Up: Independent Ink, Inc. v. Illinois Tool Works, Inc. and Trident, Inc.
On June 20, 2005, the Supreme Court granted certiorari in an important case for intellectual property holders seeking to navigate the sometimes-conflicting dictates of patent and antitrust law. In <i>Independent Ink, Inc. v. Illinois Tool Works, Inc., and Trident, Inc.</i>, 396 F.3d 1492 (Fed. Cir. 2005), the U.S. Court of Appeals for the Federal Circuit held that a patent establishes a rebuttable presumption of market power in a tying case brought under Section 1 of the Sherman Act. The ruling has put the Federal Circuit at odds with several lower courts, the Antitrust Division of the Department of Justice, the Federal Trade Commission and a host of academic critics, each of which maintain that patent rights do not, by themselves, give rise to an inference of market power, and that any rule to the contrary has the potential to reduce legitimate incentives to innovate.
Merck Faces New Jersey Jury After Big Texas Loss
After Merck & Co.'s devastating loss in Texas earlier this month in the first Vioxx case to go to a jury, the nation's eyes now turn to Atlantic City, where New Jersey's first case was set for trial on Sept. 12.
Looks Can Be Deceiving (and Costly): The Legal Implications of Counterfeit Products to a Pharmaceutical Manufacturer
The World Health Organization has estimated that drug counterfeiting affects 5-8% of all drugs, representing approximately $10-$15 billion to the U.S. pharmaceutical market alone. The Food and Drug Administration has estimated that approximately 10% of the drugs in worldwide distribution are counterfeit, with most being sold in developing countries. Not surprisingly, the most commonly counterfeited drugs are those with the largest sales, as well as drugs with high profit margins and drugs that are easier to counterfeit.
Merck Faces New Jersey Jury After Big Texas Loss
After Merck & Co.'s devastating loss in Texas in August in the first Vioxx case to go to a jury, the nation's eyes now turn to Atlantic City, where New Jersey's first case was set for trial on Sept. 12. There are about 5000 personal injury suits filed nationwide, about half in New Jersey, over the Merck painkiller that has been linked to increased risk of heart attack or stroke. Last month, New Jersey Superior Court Judge Carol Higbee, who is overseeing nearly 2500 Vioxx product-liability cases, rejected a Merck request to postpone the trial. The plaintiff's attorney, Christopher Seeger of Seeger-Weiss in Manhattan and Newark, told <i>The Wall Street Journal</i> that he was "absolutely thrilled" by the judge's action. "I just can't wait to get in a courtroom with this company," he said.
Judge Won't Stop Suit Against Clinical Lab
In a ruling that breaks new ground in the area of drug products liability, a federal judge has refused to dismiss negligence and fraud claims against a clinical laboratory for allegedly conspiring with a drug manufacturer to mislead the FDA.
Corporate Crisis Management
Fielding a Winning Team for Shareholders Wichita, KS, was an unlikely spot for finding metaphors. Sitting in a rental car on the steaming asphalt outside…
Retail Property Values and Land Use Regulation: Judicial Approaches to Measuring Diminution of Value and Legal Strategies to Redress Loss of Property Value
Landlords and tenants who want to understand judicial methods for measuring diminution of property value resulting from land use regulation must first understand the U.S. Supreme Court's takings jurisprudence. Of course, federal takings standards only set the "floor" of constitutional protection. State constitutions may set a higher level of constitutional protection. Although state courts may find a taking in situations where a federal court would not, their approaches to valuation generally mirror the various approaches taken by the federal courts. This two-part article will discuss several Supreme Court takings tests and offer some legal strategies for dealing with them.
The MLF 50: More From the Top Firms
In my continuing effort to present as many of the firms that were listed in the MLF 50, I am pleased to profile Baker & McKenzie (No. 6) and Carlton Fields (No. 22) in this issue of <i>Marketing The Law Firm</i>.
12 Steps to a Successful Client Interview Program
As every good business developer knows, the majority of new business and referrals comes from existing clients; and law firms are increasing their commitment to meet with their clients. The goal of a client interview program is to garner information that will enhance a law firm's business-development and marketing efforts by gaining insights into client needs and objectives. This information is essential to gaining new business, while at the same time providing specific recommendations (from the eyes of the client) as to how the firm can ensure client retention and enhance the client relationship. Interviews provide data that can be used to determine and develop specific strategies related to client retention and business development.
