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Results: 1-10 of 193

Ninth Circuit okays pharma waste disposal ordinance

  • Shook Hardy & Bacon LLP
  • -
  • USA
  • -
  • October 30 2014

The Ninth Circuit Court of Appeals has upheld the validity of an Alameda County ordinance that requires prescription drug producers that sell brand

Federal Circuit addresses personal jurisdiction in patent infringement litigation

  • Shook Hardy & Bacon LLP
  • -
  • USA
  • -
  • August 30 2012

Finding that the U.S. Supreme Court “has yet to reach a consensus on the proper articulation of the stream-of-commerce theory” of personal jurisdiction to assess whether a court has jurisdiction over a non-resident defendant in a patent infringement suit, the Federal Circuit Court of Appeals has applied its own theory, which assesses the pleadings and evidence under “any articulation of the stream-of-commerce theory,” and has determined that a district court in Wyoming properly dismissed two patent infringement lawsuits for lack of jurisdiction

Fourth Circuit joins others to adopt predicate-act doctrine for foreign copyright infringement

  • Shook Hardy & Bacon LLP
  • -
  • USA
  • -
  • June 21 2012

The Fourth Circuit Court of Appeals has adopted the predicate-act doctrine “which posits that a plaintiff may collect damages from foreign violations of the Copyright Act so long as the foreign conduct stems from a domestic infringement.”

Federal Circuit explores when litigation is “reasonably foreseeable” for spoliation purposes

  • Shook Hardy & Bacon LLP
  • -
  • USA
  • -
  • May 19 2011

The Federal Circuit Court of Appeals has issued rulings in companion patent-infringement cases involving the alleged spoliation of documents; at issue was a determination as to when litigation is "reasonably foreseeable," thus triggering a document-preservation duty

Third Circuit revives shareholder suit over dissolved biotech company

  • Shook Hardy & Bacon LLP
  • -
  • USA
  • -
  • October 30 2014

A divided Third Circuit Court of Appeals panel has reversed a district court ruling dismissing a shareholder's lawsuit against individuals and a

Federal Circuit clarifies permanent injunction standard

  • Shook Hardy & Bacon LLP
  • -
  • USA
  • -
  • October 20 2011

The Federal Circuit Court of Appeals has clarified that, while a judgment of patent infringement and validity does not constitute a presumption of irreparable harm “as it applies to determining the appropriateness of injunctive relief,” the judgment should not be ignored by the court when weighing the equities involved in deciding whether to impose a permanent injunction

Fractured Myriad Genetics ruling follows SCOTUS remand

  • Shook Hardy & Bacon LLP
  • -
  • USA
  • -
  • August 30 2012

Ruling that one plaintiff had standing to seek a declaratory judgment as to the patent eligibility of certain genetic discoveries, the Federal Circuit Court of Appeals has once again reversed in part and affirmed in part a lower court’s determination that isolated DNA molecules and methods of comparing molecules to determine whether a patient’s genes have mutations that could cause breast and ovarian cancer were not patent eligible

Federal Circuit requests briefing on piecemeal appeal in patent infringement suit

  • Shook Hardy & Bacon LLP
  • -
  • USA
  • -
  • August 16 2012

The Federal Circuit Court of Appeals, on its own motion, has granted a hearing en banc in a patent infringement suit involving “beam-type” automobile wiper blades and requested that the parties address whether the court has jurisdiction over an appeal from patent infringement liability determinations given that a damages trial has not yet occurred and willfulness issues remain undecided

Genetic technologies settles infringement suit over non-DNA coding technology

  • Shook Hardy & Bacon LLP
  • -
  • USA
  • -
  • May 2 2013

Genetic Technologies Ltd. (GTG) has reportedly settled a patent infringement lawsuit filed in late 2012 against PreventionGenetics. While the terms

French company prevails in dispute with FDA over drug-classification ruling

  • Shook Hardy & Bacon LLP
  • -
  • USA
  • -
  • October 3 2012

A federal court in the District of Columbia has determined that the Food and Drug Administration (FDA) erred when it classified a combination drug-device product as primarily a drug, thus subjecting its French manufacturer to more burdensome regulatory requirements