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Results: 1-10 of 193

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

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

Federal Circuit upholds inequitable conduct ruling; patent unenforceable

  • Shook Hardy & Bacon LLP
  • -
  • USA
  • -
  • October 17 2013

The Federal Circuit Court of Appeals has determined that a district court did not err in finding that the inequitable conduct of the inventor of

RICO suit filed against alleged “patent troll”

  • Shook Hardy & Bacon LLP
  • -
  • USA
  • -
  • September 26 2013

Internet entrepreneur Kevin O'Connor's company has filed a Federal Racketeering Influenced and Corrupt Organizations Act (RICO) lawsuit against the

Court orders dispute over 23andMe DNA test kits to arbitration

  • Shook Hardy & Bacon LLP
  • -
  • USA
  • -
  • July 17 2014

A multidistrict litigation court in California has ordered false-advertising, class-action claims filed against personal genetics company 23andMe to

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

Federal Circuit upholds sanctions against plaintiff and counsel

  • Shook Hardy & Bacon LLP
  • -
  • USA
  • -
  • December 16 2010

The Federal Circuit Court of Appeals has denied a motion seeking to stay an award of $631,000 in sanctions and fees against a company and its counsel for bringing a baseless infringement claim involving an information processing methodology

FDA ordered to release documents in spy fracas linked to medical device approvals

  • Shook Hardy & Bacon LLP
  • -
  • USA
  • -
  • August 2 2012

While Senator Chuck Grassley (R-Iowa) has demanded information about the individuals who approved the use of software that could monitor the electronic communications of Food and Drug Administration (FDA) scientists who expressed concerns to Congress about the safety of medical devices, a court has ordered the agency to produce documents in related litigation brought by the whistleblowing scientists against the agency

USPTO seeks to intervene in publisher’s copyright infringement suit against law firm

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

The U.S. Patent and Trademark Office (USPTO) has filed a motion to intervene, and an answer and counterclaim, in litigation brought by scientific-journal publishers against a law firm for alleged copyright infringement involving articles on prior art copied and submitted with its clients’ patent applications

Federal court denies HHS motion to seal documents in medical-device whistleblower

  • Shook Hardy & Bacon LLP
  • -
  • USA
  • -
  • January 10 2013

A federal court in the District of Columbia has denied the government's request to seal an exhibit in Freedom of Information Act litigation over records