Conflict of Laws

OCTOBER 23, 2023

Passengers, Australian and non-Australian, want relief under the Australian Consumer Law ( ACL ). They commence representative proceedings alleging breaches of consumer law, and negligence in the Federal Court of Australia. Statute has left little of the common law untouched.

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Laws Contract Statute Construction 57

FDA Law Blog

JANUARY 4, 2022

Many of the updates relate to drug manufacturer practices with regard to speaker events, including meals, choice of venue, and attendance. Although the PhRMA Code is a voluntary code of conduct, drug manufacturers should consider updating their marketing policies and practices to align with the new Code. (We

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Manufacturing Statute Litigation Litigating 75

Patently O

SEPTEMBER 26, 2022

The most anticipated case last year was the 101 eligibility petition regarding automobile drive shaft manufacturing process. Topics: Enablement / Written Description (All three are biotech / pharma): 3 Cases; Infringement (FDA Labeling): 1 Case; Anticipation (On Sale Bar): 1 Case; Double Patenting (Still the law?): Kite Pharma, Inc. ,

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Court Laws Manufacturing Statute 125

The IP Law Blog

JUNE 16, 2022

Trademark law was developed to help protect a seller’s “brand” in connection with the marketing and labeling of products for sale to avoid “consumer confusion.” One rarely litigated aspect of trademark law is that the use of the trademark must be for a lawful purpose.

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Laws Manufacturing Litigation Litigating 52

Patently O

JUNE 15, 2021

Although it required invention in name, it was really just becoming a replacement to monopolies barred by the Statute of Monopolies (1624). . Instead of deriving peace, honour, and affluence from their incessant labour and incomparable skill, they have sunk under vexation and the pressure of litigation. Van Ness argues that the U.S.

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Statute Manufacturing Construction Laws 90

FDA Law Blog

OCTOBER 4, 2023

In that case, the court enjoined a Michigan state law that sought to freeze and abolish a customer fee because the law did not adequately safeguard against “confiscatory rates” or ensure a “fair and reasonable rate of return on investment” as required by the constitution. See Motion at 11. Order at 22. See Order at 15, 21.

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Manufacturing Litigation Litigating Court 59

Patently O

APRIL 15, 2021

The case does not expressly decide any patent law issues, but does provide some guidance as to how courts should approach mixed questions of law and fact (such as claim construction) and the right to a jury trial. FTC (standard for showing objectively baseless “sham litigation” exception to Noerr-Pennington immunity).

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Laws Court Technology Manufacturing 82

Conflict of Laws

NOVEMBER 23, 2023

Ayer Chair in Business Law and Martin Luther King Jr. Professor of Law at UC Davis School of Law. I noted that China applies its own laws extraterritorially on the same bases that it criticizes the United States for using. sanctions, but not about the kind of sanctions that most clearly violates international law.

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Manufacturing Technology Statute Laws 61

The IP Law Blog

MARCH 2, 2021

es the threat posed to companies that rely on third-party manufacturers. Considering the importance of Chinese manufacturing to global trade, the Chinese legal system and its evolving trademark enforcement system will likely cause companies to get creative. 7 While the statute makes willfulness a prerequisite to a pro?ts

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Manufacturing Mens Rea Contract Tort 52

JonathanTurley

NOVEMBER 21, 2021

Below is my column in the Wall Street Journal on the ongoing opioid litigation and an important ruling out of the Oklahoma Supreme Court. The company and the Oklahoma justices are right on the law. Public nuisance was originally addressed in England by criminal laws against such offenses as obstructing “the King’s highways.”

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Tort Litigation Litigating Manufacturing 34

SCOTUSBlog

SEPTEMBER 29, 2023

This year the long conference yielded 12 new grants, on topics ranging from controversial laws seeking to regulate social media companies ( covered in a separate story ) to property rights and bankruptcy fees. The cases granted on Friday will likely be argued in January or February 2024, with a decision to follow by summer. Supreme Court.

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Calendaring Court Statute Court Rules 121

FDA Law Blog

DECEMBER 21, 2021

Intended to target “reverse payment” settlement agreements, in which a brand company pays a first-filer ANDA holder to delay launch, the California law shifts the burden of proof to the drug sponsors to demonstrate that any Paragraph IV settlement agreement is not an antitrust violation. The case was dismissed without prejudice.

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Court Statute Manufacturing Litigation 40

FDA Law Blog

DECEMBER 21, 2021

Intended to target “reverse payment” settlement agreements, in which a brand company pays a first-filer ANDA holder to delay launch, the California law shifts the burden of proof to the drug sponsors to demonstrate that any Paragraph IV settlement agreement is not an antitrust violation. The case was dismissed without prejudice.

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Court Statute Manufacturing Litigation 40

FDA Law Blog

SEPTEMBER 19, 2023

On the heels of its powerful (and unprecedented) amicus brief in Paragraph IV litigation between Jazz and Avadel concerning a patent covering a Risk Evaluation and Mitigation Strategy (“REMS”) listed in the Orange Book, the Federal Trade Commission (“FTC”) is gearing up to tackle anticompetitive Orange Book listing practices.

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Manufacturing Statute Healthcare Litigation 105

SCOTUSBlog

APRIL 20, 2022

Two pending petitions raise the question of the constitutionality of state statutes providing that corporations are deemed to have consented to “general” personal jurisdiction by virtue of having registered to do business in a state. was filed by a plaintiff seeking to enforce a similar registration statute. Next up is Kelly v.

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Statute Stare Decisis Court Manufacturing 105

SCOTUSBlog

JULY 1, 2021

Share The Supreme Court on Tuesday narrowed the doctrine of patent assignor estoppel, which prohibits an inventor from assigning a patent to someone and then later contending in litigation that the patent is invalid. ” The court’s second example concerned a change in the law. Formica Insulation Co. ,

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Stare Decisis Court Rules Court Manufacturing 104

FDA Law Blog

MARCH 12, 2024

Koblitz — After years of silence from FDA on whether certain patents could be listed in the Orange Book, some manufacturers of drug and device combination products have had a rude awakening lately. In fact, federal law and regulation appear to require AbbVie to list these patents.”

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Manufacturing Statute Litigation Litigating 59

Trademark & Copyright Law

APRIL 24, 2020

For decades, a trademark owner’s chances of recovering an infringer’s profits in litigation varied depending on where the case was pending. But Fossil’s manufacturers in China began using counterfeit Romag fasteners, and Fossil did not take appropriate steps to keep them from doing so. The Background. Willfulness No Longer Required.

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Statute Manufacturing Court Litigation 52

Patently O

MARCH 25, 2021

Constitution serves as the foundational basis for the large number of precedential cases, the text is quite short: “nor shall any State deprive any person of life, liberty, or property, without due process of law.” And, there is nothing fundamentally unfair about having Ford litigate these cases in the state. ”

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Court Cause of Action Manufacturing Litigation 62

SCOTUSBlog

DECEMBER 3, 2023

Share Purdue Pharma’s bankruptcy deal, which will reach the Supreme Court for oral argument on Monday , is just one of many examples of recent unorthodox civil procedure maneuvers in public harms litigation. Although the statute formally allows for only pre-trial consolidation, 99% of cases consolidated into MDL settle.

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Litigation Litigating Tort Statute 92

The Process Street

NOVEMBER 28, 2023

Applications of AI manufacturing AI has various applications in manufacturing that are revolutionizing the traditional methods and streamlining the processes. Enhanced safety AI-powered systems can identify and prevent potential hazards in the manufacturing environment.

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Virtual Assistant Healthcare Entertainment Education 105

The Fashion Law

SEPTEMBER 14, 2021

copyright law. Hardly a stranger to litigation, the Philipp Plein brand and its eponymous founder landed on the receiving end of a strongly-worded lawsuit early this year accusing them of discriminating against an employee on the basis of his sexual orientation. Another Suit Underway. As of now, both cases are still underway.

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Statute Manufacturing Laws Court 47

FDA Law Blog

SEPTEMBER 29, 2021

The 340B program, authorized under Section 340B of the Public Health Services Act and administered by HRSA, imposes a ceiling price on pharmaceutical manufacturer sales to “covered entities,” which are certain health clinics that receive federal funding and certain types of safety net hospitals to provide them drugs at lower prices.

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Litigation Litigating Manufacturing Contract 52

FDA Law Blog

DECEMBER 20, 2021

Much to the frustration of the industry, the tentative response did not address the legal issue crucial to the future of NAC, i.e., that NAC is a legal (grandfathered) dietary ingredient because DSHEA does not apply retroactively to exclude dietary supplements that were on the market before the enactment of the law.

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Manufacturing Construction Legal Legal 52

At the Lectern

JULY 28, 2022

” The appellate court concluded that, because common law claims cannot be brought against public entities, the county could not be sued for breach of an implied-in-fact or implied-in-law contract. ” The plastic surgeons have argued “the parties merely agreed that Boston courts are an alternative forum for litigation.”

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Government Court Contract Cause of Action 49

SCOTUSBlog

JANUARY 20, 2022

Morrissey-Berru , under which employees deemed “ministers” of religious institutions are not covered by various employment and discrimination laws. In 1981, Congress passed a statute requiring that reimbursement rates paid to organizations for managing state Medicaid plans must be “actuarially sound.” Next up is Texas v. 10 and Jan.

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Court Statute Education Administrative Law 100

JonathanTurley

OCTOBER 30, 2022

See Pennsylvania General Assembly Statute §7102. The plaintiff also brought criminal charges against the defendant’s son arising from this incident and the defendant’s son pleaded guilty to assault in the third degree (Penal Law § 120.00 [2]). However, many areas of Europe have good Samaritan laws protecting such rescuers.

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Tort Litigation Litigating Manufacturing 36

FDA Law Blog

FEBRUARY 1, 2022

One comment took a different approach and requested that FDA address the conundrum that arises when the current Orange Book listings are manipulated such that listing of ineligible patents prolongs generic approval while omission of eligible patents, and subsequent litigation on those patents, prolongs launch.

Manufacturing 52

Manufacturing Statute Law Firm Law Firms 52

JonathanTurley

OCTOBER 31, 2021

See Pennsylvania General Assembly Statute §7102. The plaintiff also brought criminal charges against the defendant’s son arising from this incident and the defendant’s son pleaded guilty to assault in the third degree (Penal Law § 120.00 [2]). However, many areas of Europe have good Samaritan laws protecting such rescuers.

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Tort Litigation Litigating Manufacturing 38

Patently O

MARCH 18, 2024

Tube-Mac, is the plaintiff in this case and is looking to manufacture its own version of the container systems. 256. . = = = One interesting aspect of this decision relates to absence of a statute of limitations. ”) Patent law does not have a specific statute of limitations associated with claims to correct inventorship.

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Statute Cause of Action Court Rules Court 57

SCOTUSBlog

JULY 5, 2023

that the Lanham Act, the federal trademark statute, reaches only conduct “where the claimed infringing use in commerce is domestic” and that confusion to consumers in the United States is not relevant to the analysis. law does not generally apply abroad. Share Last week the Supreme Court held in Abitron Austria GmbH v.

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Statute Manufacturing Court Laws 97

SCOTUSBlog

MARCH 20, 2023

Share On Tuesday, the Supreme Court will consider whether federal trademark law applies to trademark infringement that takes place outside the United States. The facts Hetronic, based in Oklahoma, manufactures and sells radio remote controls that operate heavy-duty construction equipment. In Abitron Austria GmbH v. It owns U.S.

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Stare Decisis Laws Statute Construction 84

Patently O

DECEMBER 22, 2022

Although somewhat slow thus far, there is some potential that 2023 will turn out to be a major year for Supreme Court patent law jurisprudence. In my view, the generic manufacturer here has a very strong estoppel defense because the patentee itself proposed the language used on the generic label. by Dennis Crouch. Sanofi , No.

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Court Laws Manufacturing Technology 58

SCOTUSBlog

NOVEMBER 17, 2023

Natural Resources Defense Council , in which the court held that when a federal statute is ambiguous, courts should defer to an agency’s interpretation of that law as long as it is reasonable. But at the arguments on Jan. On the first day of the session, Jan. The question before the court in FBI v. County of El Dorado (Jan.

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Immigration Calendaring Government Manufacturing 118

FDA Law Blog

JULY 13, 2022

Karst — The Build Back Better Act—the food and drug law implications of which we discussed last year —has popped up again in Congress, and it is just as dense as ever. Even a biosimilar manufacturer in the midst of invalidating patents in a patent litigation may not be able to make a request given the unpredictability of court deadlines.

Manufacturing 52

Manufacturing Litigation Litigating Statute 52

JonathanTurley

MARCH 20, 2021

We recently discussed the case of University of North Carolina law student Sagar Sharma, a student of color, who faced a recall election as the first-year class co-president. The charges are connected to the prior controversy and raise serious free speech and retaliatory concerns at the law school. . First is SBA By-Law 11.2

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Laws Law School Statute Construction 34

Conflict of Laws

MAY 17, 2022

Hay : On the Road to a Third American Restatement of Conflicts Law. American private international law (Conflict of Laws, “Conflicts Law”) addresses procedure (jurisdiction of courts, recognition of judgments) as well as the choice of the applicable law. In Case C-490/20, V.M.A., In Case C-490/20, V.M.A.,

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Contract Legal Legal Court 40