News & Analysis as of

Inducement

Sanofi, Sanofi-Aventis U.S., LLC V. Watson Labs. Inc., Sandoz, Inc.

by Knobbe Martens on

Federal Circuit Summaries - Before PROST, WALLACH, and TARANTO.  Appeal from the District of Delaware Summary: (1) A party may not avoid inducement based on “substantial non-infringing uses,” and (2) prosecution history...more

Intellectual Property Misconceptions Debunked

by Snell & Wilmer on

Many people have misperceptions about what intellectual property (IP) protects, and some common IP misconceptions are debunked below. (1) Ideas Cannot Be Patented. Only inventions can be patented. The legal...more

McDermott International Legal Highlights - April 2017

by McDermott Will & Emery on

DOJ Policy Updates Signal Continuity of Antitrust Program - The US Department of Justice (DOJ) Antitrust Division has revised its “Frequently Asked Questions About the Antitrust Division’s Leniency Program and Model...more

ANDA Update - March 2017 Volume 3, Number 1

by McDermott Will & Emery on

Speculative Evidence of Irreparable Harm Sinks Bayer's Request for Permanent Injunction - Bayer Pharma AG, et al. v. Watson Laboratories, Inc. (D. Del. December 28, 2016) - Applying the eBay factors to Plaintiff...more

Inducement of Patent Infringement by Export – One is Never Enough

In its most recent foray into patents, the Supreme Court continued its recent line of decisions interpreting laws to limit the international reach of U.S. intellectual property protection. The holding can be summarized in...more

“A Finding of Induced Infringement Requires Actual Inducement”

In Power Integrations, Inc., v. Fairchild Semiconductor International, Inc., [2015-1329, 2015-1388] (December 12, 2016), a complicated action where each party claimed the other directly and indirectly infringed its patents,...more

Employment Law - July 2016 #2

Take Two: EEOC Amends Pay Data Collection Proposal - Why it matters - Tweaking its initial plan, the Equal Employment Opportunity Commission (EEOC) released an updated proposal about the collection of pay data from...more

Construction Law Group News: General Contractor's false certifications bar it from any recovery from Owner

by Murtha Cullina on

In a case of first impression, a Massachusetts Superior Court judge recently ruled that a general contractor, G4S ("the General"), could not recover any of its over $14M claim against a public owner MTPC ("the Owner") because...more

SEC Partially Settles “Portfolio Manager” Insider Trading Case

by Dorsey & Whitney LLP on

The SEC partially settled what is perhaps one of its more unusual insider trading cases. It involved defendants who posed as portfolio managers who then induced investment bankers to entrust them which inside information that...more

TTB Issues Ruling on Category Management under Federal Tied-House Statute

by McDermott Will & Emery on

On February 12, 2016, the Alcohol & Tobacco Tax & Trade Bureau (TTB) released TTB Ruling 2016-1 (Ruling), addressing category management practices. The Ruling seeks to clarify TTB’s position toward category management under...more

Novartis Pharmaceuticals Settles $390MM FCA Allegations

by Dorsey & Whitney LLP on

Drugmaker Novartis Pharmaceuticals has agreed in principle to pay $390MM (including $20MM in civil forfeitures) to the Department of Justice. This payment, in addition to modification and an extension of Novartis’s existing...more

EB-5 Due Diligence Matters

by Mintz Levin on

Private placement offerings are an increasingly active part of the securities business. One especially complicated and emerging area of private placements is the EB-5 Investor Visa Regional Center Program. Under the current...more

“Make It a Triple”: EEOC Supersizes Wellness Program Rules, Again

by Balch & Bingham LLP on

In June 2013, DOL, HHS and IRS explained that they view employer-sponsored wellness programs as narrow exceptions to the ACA’s health status discrimination prohibition. Early this year, the EEOC slathered-on its own rules,...more

CFTC Accuses Firm Manually Entering Orders Of Spoofing Scheme That Fooled Algorithmic Traders

Potentially abusive trading algorithms, such as algorithms that purportedly engage in “spoofing” or “layering” are the subject of considerable regulatory interest. However, in an interesting complaint filed on October 19,...more

Compensation to Human Clinical Study Participants: A (Very) Informal Survey

by Arnall Golden Gregory LLP on

At least once a month, life science clients reach out to us to ask us about best practices on a particular topic or to benchmark a proposed activity against what others in the industry might be doing. One such request,...more

OIG Issues Advisory Opinion Regarding Pharmaceutical Manufacturers’ Program to Provide Free Limited Drugs to Beneficiaries When...

by King & Spalding on

On August 12, 2015, the Department of Health and Human Services Office of Inspector General (OIG) posted Advisory Opinion No. 15-11, finding that a program to supply a limited amount of free cancer drugs to federal health...more

Twitter, the DMCA and Copyright in the Age of Sharing

As social media platforms continue to find new ways to allow users to share, post, and forward nonoriginal content and users become more engaged in the practice, the platforms hosting the content and disgruntled original...more

Non-Disclosure, Inducement and Avoidance - A Blast From the Past in Reinsurance Litigation

by DLA Piper on

The Commercial Court held in Axa Versicherung AG v Arab Insurance Group (B.S.C.) that, despite the reinsured's failure to disclose loss statistics and therefore to make a fair presentation of the risk, the reinsurer was not...more

Post-Employment Covenants: Is an Inducement to Smile An Inducement to Cancel?

A recent Circuit Court case confirms that the term “non-inducement” means just that. In American Family Mutual Insurance Company v. Graham, the Eighth Circuit affirmed a jury verdict against an insurance agent who, the jury...more

Supreme Court Invokes Common Law Principles in Largely Pro-Patent Decision: Good-Faith Belief of Invalidity Is Not a Defense to...

by Snell & Wilmer on

The Supreme Court decided yesterday in Commil USA, LLC v. Cisco Systems, Inc. that an accused infringer’s good-faith belief that a patent is invalid, standing alone, is not a defense to induced infringement. As discussed in...more

January 2013: Patent Litigation Update

In This Update: European Parliament Approves European Unitary Patent and Unified Patent Court; Gross Negligence Insufficient to Establish Deceptive Intent for Inequitable Conduct; and Federal Circuit Eases Requirements...more

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Cybersecurity

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