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|UK Appeal Tribunal Overturns Landmark Competition Decision|
Becket McGrath; Edwards Wildman Palmer LLP;
December 15, 2011, previously published on December 13, 2011On 12 December, the UK Competition Appeal Tribunal ('CAT') confirmed that it would allow all appeals against a decision of the Office of Fair Trading ('OFT') concerning pricing arrangements for the retail sale of tobacco products. This judgment follows the effective collapse of the OFT's case...
|ALJ Gildea Denies Motion in Limine to Preclude Doctrine of Equivalents Argument in Certain Reduced Ignition Proclivity Cigarette Paper Wrappers (337-Ta-756)|
Lisa M. Mandrusiak, Eric W. Schweibenz; Oblon, Spivak, McClelland, Maier & Neustadt, L.L.P.;
November 23, 2011, previously published on November 18, 2011On November 16, 2011, ALJ E. James Gildea issued the public version of Order No. 27 (dated October 28, 2011) in Certain Reduced Ignition Proclivity Cigarette Paper Wrappers and Products Containing Same (Inv. No. 337-TA-756).
|RBC daily: Lidings has advised JTI on privatization
of a land plot under the Liggett-Ducat factory in Moscow|
Tatiana Bicheva; Lidings;
November 21, 2011Lidings, a law firm dedicated to providing legal support to foreign business in Russia, advised JTI, a major Japanese tobacco products manufacturer, in its privatization project of a large land plot under the “Liggett-Ducat” tobacco factory in Moscow.
|Court Says First Amendment Bars Enforcement of FDA Graphic Cigarette Warning Rules|
Tracy P. Marshall, Sheila A. Millar, Crystal N. Skelton; Keller and Heckman LLP;
November 11, 2011, previously published on November 10, 2011In an important First Amendment decision, on November 7, 2011, the U.S. District Court for the District of Columbia issued a preliminary injunction enjoining enforcement of a U.S. Food and Drug Administration ("FDA") rule requiring tobacco companies to display graphic images on cigarette...
|Judge Leon Grants Preliminary Injunction- FDA’s Final Rule Requiring Graphic Warnings on Cigarette Packages Appears in Jeopardy|
David B. Clissold; Hyman, Phelps & McNamara, P.C.;
November 11, 2011, previously published on November 8, 2011As we previously reported, a group of five tobacco companies (R.J. Reynolds Tobacco Company, Lorillard Tobacco Company, Commonwealth Brands, Inc., Liggett Group LLC, and Santa Fe Natural Tobacco Company, Inc.) filed a complaint against FDA in the U.S. District Court for the District of Columbia...
|Pathways to Market for New Tobacco Products Begin to Take Shape|
Ricardo Carvajal, David B. Clissold; Hyman, Phelps & McNamara, P.C.;
October 6, 2011, previously published on October 5, 2011FDA issued two draft guidance documents that set out the agency’s thinking with respect to new tobacco products and the requirement to either demonstrate substantial equivalence under FDC Act § 905(j) or secure premarket approval under § 910.
|Tobacco Companies Sue FDA Over Graphic Warnings Rule|
Kurt R. Karst; Hyman, Phelps & McNamara, P.C.;
August 22, 2011, previously published on August 17, 2011Earlier this week, a group of five tobacco companies (R.J. Reynolds Tobacco Company, Lorillard Tobacco Company, Commonwealth Brands, Inc., Liggett Group LLC, and Santa Fe Natural Tobacco Company, Inc.) filed a four-count Complaint against FDA in the U.S. District Court for the District of Columbia...
|FTC: Sales, Advertising, and Promotion Decline for Cigarettes, Increase for Smokeless Tobacco|
Ricardo Carvajal; Hyman, Phelps & McNamara, P.C.;
August 11, 2011, previously published on August 2, 2011The Federal Trade Commission ("FTC") issued the latest in a series of reports on sales, advertising, and promotion of cigarettes and smokeless tobacco. The reports are based on data submitted to FTC by industry. The cigarette report states that the “total number of cigarettes...
|Starting The Statute Of Limitations Clock In California Becomes More Difficult In Certain Toxic Tort Cases|
Craig T. Liljestrand; Hinshaw & Culbertson LLP;
June 21, 2011, previously published on June 17, 2011The California Supreme Court recently decided that claims arising from separate injuries caused by the same wrongdoing may accrue on different dates according to when the plaintiff discovered each injury. Pooshs v. Philip Morris USA, INC., 51 Cal.4th 788 (Cal. 2011).
|Therasense: Federal Circuit Changes Materiality Standard in Attempt to Cure "Plague" of Inequitable Conduct Cases|
James Moore Bollinger, Daniel A. Ladow, Jeffrey C. Morgan, Douglas "Doug" D. Salyers, Trenton A. Ward, Dustin B. Weeks; Troutman Sanders LLP;
June 2, 2011, previously published on May 31, 2011To prove that an applicant for a patent committed inequitable conduct in obtaining its patent, a party making that charge must prove, by clear and convincing evidence, both: (1) the materiality of the withheld prior art reference, and (2) that the applicant withheld the prior art with an intent to...