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|$195 Million Awarded for Failure to Negotiate in Good Faith; PharmAthene, Inc. v. SIGA Technologies, Inc.|
David A. Charapp; Duane Morris LLP;
March 18, 2015, previously published on February 9, 2015In 2011, I wrote about the PharmAthene, Inc. v. SIGA Technologies, Inc. case, in which the Delaware Chancery Court found that SIGA Technology Inc. failed to negotiate in good faith with PharmAthene, Inc. for the grant of a license to SIGA’s smallpox drug known as ST-246. This case provided an...
|Will Supreme Court End Split Over Whether Generic Drug Companies Can Face "Failure to Timely Update" Claims|
Sean T. Stadelman; Goldberg Segalla LLP;
March 11, 2015, previously published on December 3, 2014The U.S. Supreme Court (SCOTUS) has (again) been asked to determine the question of whether claims can be made against generic drug manufacturers for failing to timely update and/or disseminate their labels following U.S. Food and Drug Administration (FDA) approvals. Essentially, the issue is...
|Technology in the Courtroom - Is it a Recoverable Cost at Trial?|
Lindsay A. Goulding, David A. Melton; Porter Scott A Professional Corporation;
March 11, 2015The use of technology is so prevalent today that it is difficult to imagine an event that is “technology-free”—including a trial. Attorneys use technology to showcase timelines, impeaching testimony from depositions, scene photographs, and animations. Technology, however, is not...
|Carnegie Mellon University v. Marvell: $1.5 Billion at Stake at the Federal Circuit|
Michael T. Renaud, Peter F. Snell; Mintz, Levin, Cohn, Ferris, Glovsky and Popeo, P.C.;
March 10, 2015, previously published on January 13, 2015Currently on appeal to the United States Court of Appeals for the Federal Circuit is Carnegie Mellon University’s (“CMU”) $1.535 billion judgment for patent infringement against Marvell Technology Group Ltd. and Marvell Semiconductor, Inc. (collectively “Marvell”),...
|The CASL Regime(s)—Anti-Spam and Anti-Malware|
Tim (Timothy) M. Banks, Margot E. Patterson; Dentons Canada LLP;
January 8, 2015, previously published on November 13, 2014CASL is a new regime, with significant administrative monetary penalties (maximum CA$10 million), and is broader in scope than the anti-spam laws of the US and other countries. If you do business in Canada, you are likely aware that Canada’s Anti-Spam Law (CASL) targets unsolicited commercial...
|Optional Safety Features: Let the Sophisticated Purchaser Decide|
Joseph P. Wodarski; Wilson Elser Moskowitz Edelman & Dicker LLP;
November 8, 2014, previously published on May 14, 2014Products used in an industrial setting, such as forklift trucks, are typically designed to offer the purchaser the option of choosing certain safety features and excluding others that are available. The particular setting where the product will be used (its operating environment) will dictate which...
|E-Discovery Matters: “A Guide to ESI Preservation Responsibilities”|
Daniel M. Braude; Wilson Elser Moskowitz Edelman & Dicker LLP;
November 8, 2014, previously published on August 15, 2014I am pleased to announce the availability of our firm’s updated publication, A Guide to ESI Preservation Responsibilities. I believe this white paper serves as a useful resource to anyone dealing with the complicated issue of preservation of electronically stored information (ESI),...
|Brown v. Tellermate: Cloud-based Data and E-discovery|
Matthew A. Barley; Butler Snow LLP;
September 24, 2014, previously published on September 5, 2014According to PC Magazine, “[i]n the simplest terms, cloud computing means storing and accessing data and programs over the Internet instead of your computer’s hard drive.” Cloud-based computing has become a very popular tool in day-to-day business operations. This relatively new...
|Acceptable Use of Technology Policies: How to Manage Employee Privacy Expectations With Respect to Personal Use of School Technology|
Kelly J. Morris; Borden Ladner Gervais LLP;
September 18, 2014, previously published on September 5, 2014When school employees are permitted to use their work computers for personal purposes, they are entitled to a reasonable expectation of privacy. While the exact scope of that privacy right is not entirely clear, the adoption by schools of an acceptable use of technology policy applicable to staff...
|SJC Issues Decision Concerning Recovery of Lost Profits Damages in Commercial Litigation|
Stefanie Giuliano Abhar, Laurence A. Schoen; Mintz, Levin, Cohn, Ferris, Glovsky and Popeo, P.C.;
September 1, 2014, previously published on August 25, 2014In a noteworthy recent decision addressing the parameters of damages in commercial litigation, the Massachusetts Supreme Judicial Court (SJC) affirmed an order excluding expert testimony concerning future lost profits damages relating to “yet-to-be conceived future products.” In...