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Results: 1-10 of 1,709

Court does not dismiss “me too” patent counterclaims
  • Holland & Knight LLP
  • USA
  • February 6 2013

Judge Coleman granted in part plaintiff Trading Technologies’ (“TT”) Fed. R. Civ. P. 12(b)(6) motion to dismiss defendant CQG’s affirmative defenses


Got privilege? Wisconsin shield law tested in raw milk case
  • Holland & Knight LLP
  • USA
  • January 31 2013

In the first-known application of Wisconsin's two-year-old shield law, Judge Guy Reynolds of the Sauk County Circuit Court refused a request by the


First Circuit affirms dismissal of parental child abduction case on ADA preemption grounds
  • Holland & Knight LLP
  • USA
  • October 4 2013

In a significant decision for the airline industry, the U.S. Court of Appeals for the First Circuit affirmed the district court's summary judgment


Competition-based false patent marking case not transferred
  • Holland & Knight LLP
  • USA
  • December 10 2012

Judge Grady denied defendant Morning Glory’s motion to transfer venue to the E.D. North Carolina in this competition-based false patent marking case


Hyperlinks do not republish alleged defamatory material
  • Holland & Knight LLP
  • USA
  • December 5 2012

In In re Phila. Newspapers LLC, 690 F.3d 161 (3d Cir. 2012), the Third Circuit held, among other things, that linking to previously published material is not "republication" under the single publication rule


Elton John’s “Nikita” does not infringe copyright in song “Natasha”
  • Holland & Knight LLP
  • USA
  • February 15 2013

Judge St. Eve dismissed plaintiff’s copyright and related state law claims against Elton John, Bernard Taupin and Big Pig Music (collectively


Second Circuit vacates misbranding conviction for pharmaceutical representative on First Amendment grounds
  • Holland & Knight LLP
  • USA
  • December 6 2012

In United States v. Caronia, No. 09-5006-cr, slip op. (2d Cir. Dec. 3, 2012), the U.S. Court of Appeals for the Second Circuit held that "the government cannot prosecute pharmaceutical manufacturers and their representatives under the Food, Drug and Cosmetic Act (FDCA) for speech promoting the lawful, off-label use of a U.S. Food and Drug Administration FDA-approved drug."


Oral agreement is enforceable as part of a final judgment
  • Holland & Knight LLP
  • USA
  • October 29 2012

Judge Tharp adopted Judge Cox’s report and recommendation enforcing the parties’ oral settlement agreement placed on the record at the conclusion of a settlement conference


Religious institutions update: October 2013 - key cases
  • Holland & Knight LLP
  • USA
  • October 7 2013

In Banks v. St. Matthew Baptist Church, No. 27317, 2013 WL 5348387 (S.C. Sept. 25, 2013), the court held that allegedly defamatory statements that a


Fair value: a primer
  • Holland & Knight LLP
  • USA
  • July 29 2013

Disagreements among owners of business enterprises can result in the threat of litigation and frequently in litigation. The litigation can be in the