Skinny-labels; Carveouts; and Inducing Infringement

GlaxoSmithKline LLC v. Teva Pharmaceuticals USA, Inc. (Fed. Cir. 2021) In 2020, the Federal Circuit issued an odd decision in this ANDA case.  The patent on the drug at issue (carvedilol) has expired, but GSK holds a patent on using the drug for treatment of congestive heart failure. Teva began selling the drug for other approved uses, such as hypertension and ensured that congestive heart failure was not part of its product label.  Of course, its generic product is still prescribed for that pur...
Tags: Law, Court, Fda, Patent, Newman, Moore, GSK, Teva, Federal Circuit, Prost, GlaxoSmithKline LLC, Teva Pharmaceuticals USA Inc Fed

LinkedIn Legal Blogging Group Holding Weekly Discussions to Help Legal Professionals

The LinkedIn Legal Blogging Group will begin hosting weekly discussions to help and empower legal professionals with an interest in blogging. We’ll begin this Friday at 11 AM PT where I’ll lead a discussion on legal blogging basics. Registration is here and is open to group members and others. We’ll continue the following week where I’ll lead a discussion on the use of social media in legal blogging. This group includes members from around the world. We’ll start to have programs in th...
Tags: Law, India, Uncategorized, AM PT, LinkedIn Legal Blogging Group

2020 Wasn’t Too Bad For Biglaw Business — See Also

That's A Lot Of Money: Greenberg Traurig made more money in 2020 than in 2019. Why Not Test "Being A Lawyer"?: New York considers temporary open book bar exam. Wash That Off With Some "Harvard!": The university traditionally helps disgraced officials clean up their reputations. A new petition wants that to stop. Ukraine Would Like A Word: The Eastern European nation is eager to speak to anyone interested in disbarring Rudy Giuliani. Everyone Wins: Name, Images, and Likeness licensing can hel...
Tags: New York, Law, Ukraine, Rudy Giuliani, Greenberg Traurig, See Also

A world Record Inferential leap—worthy of Bob Beamon

Patent Holder Identified in Exhibit 1 vs. Does 1-254 (N.D. Ill. 2021) I previously wrote briefly about this double-anonymous lawsuit.  The plaintiff filed the lawsuit in secret in order to avoid spooking the defendants.  The complaint was followed up by a request for temporary restraining order.  District Court Judge Matthew Kennelly quickly denied plaintiff’s request to conceal its identity and also issued an order to show cause as to why the case should not be dismissed for improper joinder un...
Tags: Law, California, US, Paypal, Patent, Bob Beamon, Matthew Kennelly, the Court, Kennelly, NG Imports, Zhengzhou Kerui Electronic Commerce Company Ltd

Biden administration notifies court of new position on Affordable Care Act

Three months after the justices heard oral argument in the constitutional challenge to the Affordable Care Act, the Biden administration on Wednesday told the Supreme Court that it should uphold the entire law, a shift from the position taken by the Trump administration. With the... The post Biden administration notifies court of new position on Affordable Care Act appeared first on SCOTUSblog.
Tags: Featured, Supreme Court, Law, Biden, Trump, Merits Cases

An Afternoon Café...

 ... in case you need to talk.I can see that the impeachment trial is back, but I am not watching. Feel free to talk about it or anything else. [Author: [email protected] (Ann Althouse)]
Tags: Law, Ann Althouse

As Sick As Our Secrets

My friend thought his physical problems were the side effects of our cocaine and alcohol binges. He was wrong.
Tags: Law, Health and Wellness, Brian Cuban, Health / Wellness

Hillary Clinton Doesn’t Mince Words When It Comes To Donald Trump’s Unlikely Impeachment Conviction

Don't forget: Senate Republicans are complicit in Trump's crimes.
Tags: Law, Government, Senate, Hillary Clinton, Donald Trump, Trump, Don, Tweet Of The Day, Impeachment

Lawyers Should Burden The Judiciary Less During The Pandemic

Lawyers should strive to burden the judiciary as little as possible for the remainder of the pandemic.
Tags: Law, Courts, Criminal Law, Jordan Rothman, Coronavirus, COVID-19

And Now Ukraine Is Trying To Get Rudy Giuliani Disbarred

We are currently experiencing high call volume. The wait time on your call is approximately 11,780 minutes.
Tags: Law, Government, Ukraine, Rudy Giuliani, Legal Ethics

Will This Case Be The Tipping Point For Michigan To Change Its Harmful Surrogacy Laws?

There's no time like the present for the Wolverine State to recognize that its outdated surrogacy law is no longer protecting Michiganders.
Tags: Law, Family law, Michigan, Surrogacy, Ellen Trachman, Assisted Reproductive Technology (ART, Wolverine State

Ten-year sentences for Covid rule-breaking 'utterly ridiculous'

Judges will never impose such long jail terms, say critics, who dismiss plan as ‘misleading spin’Coronavirus – latest updatesSee all our coronavirus coverageMinisters have been accused of an “utterly ridiculous” overreach of power for threatening to impose 10-year jail sentences on travellers dodging quarantine rules.Jonathan Jones, the government’s former top lawyer who resigned earlier this year, tweeted that he would “eat a face mask” if the sentence was ever imposed, while Labour’s attorney-...
Tags: Politics, Law, UK News, Labour, Jonathan Jones, Coronavirus

Showing Vulnerability as a Lawyer: One Mistake at a Time

Recently “Zoom Cat-lawyer” revealed a lot about the legal profession. Its seriousness. Its humour (or lack thereof). Its low tolerance for mistakes. In the Zoom call, the lawyer was unable to quickly remove the filter by himself. The judge and opposing counsel seemed to have little patience for his technological incompetence. In “Think Again”, Professor Adam Grant writes “Sharing our imperfections can be risky if we haven’t yet established our competence. In studies, lawyers and teachers searc...
Tags: Law, Vulnerability, Adam Grant, Practice Of Law, Cat Lawyer, Lawyer Mistakes, Legal Lookbacks, Vulnerable Lawyers, Zoom cat lawyer

Swing and a Miss: Federal Circuit finds Claims Lack Precision – and thus Definiteness

by Dennis Crouch Saso Golf, Inc. v. Nike, Inc. (Fed. Cir. 2021) I have not played golf in a decade, and I had assumed that the rest of the world was following suit.  Apparently though there is still some money in the game.  When I played, I had a crazy slice.  Back then, I thought it was me.  But, it looks like Saso found a solution with some subtle shifting of the club head weighting. Basically, Saso redesigned the clubs so that more weight was on the heel-side of the club rather than the toe-s...
Tags: Law, Nike, Nolan, Wood, Patent, Manning, Microsoft Corp, PTO, Federal Circuit, Edmond Chang, Nautilus Inc, Biosig Instruments Inc, Golf Inc, Markman, i4i Ltd, Andrea Wood

"Greene Gains Popularity With Republican Voters Following Committee Fight/Georgia freshman is now as prominent nationwide as House GOP leaders."

"30% of GOP voters view Republican Rep. Marjorie Taylor Greene favorably, up 11 points since last week/Wyoming Rep. Liz Cheney, the No. 3 House Republican, is liked by 22% of Republicans, up 7 points during that time/59% of voters nationwide have an opinion of Greene, matching prominence of Cheney and House Minority Leader Kevin McCarthy (R-Calif.)."  Morning Consult reports. [Author: [email protected] (Ann Althouse)]
Tags: Law, Gop, Wyoming, House, Cheney, House Gop, Kevin McCarthy, Greene, Liz Cheney, Ann Althouse, what Trump did to the GOP, Marjorie Taylor Greene

Leupold Introduces Three BX HD Binoculars, Including One With Mil Reticle

Leupold Optics have just introduced three new binoculars to their BX line of HD binoculars, with different optical zoom options within each offering. One of the more unique models, the BX-T (T for Tactical) offers a Mil reticle to aid in ranging, be it for hunting, law enforcement or military applications, or perhaps even competitions […] Read More … The post Leupold Introduces Three BX HD Binoculars, Including One With Mil Reticle appeared first on The Firearm Blog.
Tags: Guns, Hunting, Bird Watching, Daily News, Binoculars, Tactical, Other Gear & Gadgets, Leupold, Leupold Optics, Product Announcement, BX-1, BX-2, BX-T

"The Sixth Amendment Sentencing Right and Its Remedy"

The title of this post is the title of this notable new paper authored by Carissa Byrne Hessick and now available via SSRN.  Here is its abstract: The Sixth Amendment sentencing doctrine recognizes the right to a jury trial of facts that increase criminal sentences.  The doctrine has had only a minimal effect on sentencing because subsequent cases crafting a remedy largely undermined the right.  The remedial cases have undermined the Sixth Amendment sentencing right in three notable ways: (1) b...
Tags: Law, Court, The Supreme Court, Douglas A Berman, Carissa Byrne Hessick

Dismissed With Advice

The Delaware Supreme Court affirmed the denial of relief based on an alleged undisclosed judicial conflict In 2010, Appellants Meso Scale Diagnostics, LLC and Meso Scale Technologies, LLC (collectively “Meso”) filed suit in the Court of Chancery against Appellee entities... [Author: Legal Profession Prof]
Tags: Law, Delaware Supreme Court, Court of Chancery, Appellee, Legal Profession Prof, Judicial Ethics and the Courts, Meso Scale Diagnostics LLC, Meso Scale Technologies LLC

“I’m here live. I am not a cat.”

If you were on the internet yesterday, you likely came across the story of the lawyer who accidentally presented as cat during a Zoom court hearing. The Texas lawyer had accidentally left on a cat filter during a video conference call and was unable to turn it off.“I’m here live, I’m not a cat,” says lawyer after Zoom filter mishap“I can see that,” responds judge— Lawrence Hurley (@lawrencehurley) February 9, 2021 While this story provided everyone a much-needed lau...
Tags: Texas, Law, American Bar Association, Lawrence Hurley, Jon Hyman, Roy Ferguson, Texas s 394th Judicial District

The second-oldest person in the world just survived covid 19.

"A 116-year-old French nun who is believed to be the world’s second-oldest person has survived COVID-19 and is looking forward to celebrating her 117th birthday on Thursday" (Fox32). "She didn’t ask me about her health, but about her habits," David Tavella, the communications manager for the [nun's] care home.... "For example, she wanted to know if meal or bedtime schedules would change. She showed no fear of the disease. On the other hand, she was very concerned about the other residents." [Aut...
Tags: Law, Aging, Nuns, Ann Althouse, Coronavirus, David Tavella

New York Bill Seeks Temporary Open Book Bar Exam And Everyone Else Should Too

This is basic common sense, so I expect it to fail.
Tags: Law, Law Schools, Bar Exams

"Surprising words from the country that gave us Derrida and Foucault :)"

Tweets Jordan Peterson, looking at "'Out-of-control woke leftism and cancel culture' from the U.S is a threat to FRANCE because it 'attacks' the nation's heritage and identity, French politicians and intellectuals say" (Daily Mail).  This is a good nudge to think deeply about how the "woke leftism and cancel culture" has used and distorted the grand French philosophers beyond recognition. The French don't recognize what we've done to the philosophy we appropriated. Our lefties are doing French...
Tags: Law, France, America, West, United States, Emmanuel Macron, Foucault, Peterson, Macron, Derrida, Ann Althouse, Left-wing Ideology, Jordan Peterson, James Lindsay, Stéphane Beaud, Gérard Noiriel

New York Lawmakers Want To Take Paul Singer’s Toys Away

If they get their way, no one will have the kind of fun Elliott had with Argentina.
Tags: Law, Finance, Elliott

Duke Law Conference – Constitutional Principals: Administrative Adjudication and Arthrex

Jason Rantanen In United States v. Arthrex, Inc., the Supreme Court will consider the application of the Appointments Clause to Patent Trial and Appeal Board judges–specifically, whether PTAB judges are principal officers who must be appointed by the President and confirmed by the Senate, and whether the proper remedy is to sever their statutory removal protections. To address these issues, The Center for Innovation Policy at Duke Law and the Duke Law Program in Public Law will host a Zoom discu...
Tags: Law, Senate, Patent, Duke Law, Patent Trial and Appeal Board, John Duffy, PTAB, Arti Rai, Timothy Dyk, Nina Mendelson, Jennifer Mascott, Kelli Raker, Jason Rantanen In United States, Arthrex Inc the Supreme Court, Timothy B Dyk, Melissa Wasserman Moderator

"If Donald Trump directly caused the Capitol insurrection on Jan. 6, then Democrats need to prove it...."

"Americans need to see all the evidence. And I’m worried that Democrats won’t supply enough of it. Citizens need testimony and documentation that painstakingly lays out the theory of the case: how Trump planned to claim fraud well before the election and how he followed through afterward, using false statements and frivolous lawsuits to deceive his followers into believing that he hadn’t really lost; how his political team helped bring the angriest and most extreme of those followers to D.C. on ...
Tags: Law, Congress, Senate, America, Democrats, House, Evidence, Donald Trump, Citizens, Trump, Don, WaPo, McArdle, Megan Mcardle, Ann Althouse, Trump's trial

Mid-week and mid-winter perspectives on lots of hot criminal justice reform stories

February has been cold and snowy in Ohio, but there are still lots of hot criminal justice reform stories cooking in the middle of winter all over the USA.  So, mid-week and mid-winter, here is a round-up of just some of the reform stories and commentaries catching my eye: From The Appeal, "Trump Turned The Justice System Into a Black Box.  Biden Could Fix It." From Bloomberg Law, "Law Firms and Nonprofits Must Work Together for Criminal Justice Reform" From The Marshall Project, "What 120 Execu...
Tags: Usa, Law, America, Ohio, Biden, Douglas A Berman, Box Biden

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