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Federal Circuit Establishes Rule for 'Product-by-Process' Claims
Publication Date: 2009-05-19
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Any court opinion that contains the words, "Crystalline 7-[2-(2-aminothiazol-4-yl)-2-hydroxyiminoacetamido]-3-vinyl-3-cephem.-4-carboxylic acid," doesn't exactly put us in our comfort zone. Yet, upon closer inspection, it appears that the Federal Circuit's en banc decision Monday in Lupin Ltd. v. Abbott Laboratories is an important and long-awaited clarification of patent law that deserves attention. After decades of debate within the IP bar and the Federal Circuit, a divided en banc panel on Monday established the standard for evaluating so-called patent-by-process claims.

Third Circuit Issues Not-So-Veiled Rebuke to Judge Kaplan in Lago Agrio Litigation Against Chevron
Publication Date: 2011-05-25
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In a rare setback in Chevron and Gibson Dunn's attempts to prove that a Ecuadorian judge's $18 billion judgment was tainted by fraud, a Third Circuit panel warned U.S. judges against "disregarding or disparaging" the decisions of foreign courts.

March 01, 2010 |

Monthly Lateral Report

The latest lateral moves.
3 minute read
May 19, 2003 |

Sidebar

Judge Thelton Henderson to have a documentary film about his life; pro bono work carries its own rewards for Latham & Watkins of counsel Steven Schulman; Mayor Brown proclams May 15, 2003 Steinhart & Falconer Day; S.F. city lawyers vote on pay cut.
6 minute read
Whirlpool Gets Another Victory in Steam Dryer Battle with LG
Publication Date: 2011-08-12
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LG suffered another loss in its suit against Whirlpool for falsely advertising that its steam dryers produced steam. After a trial last year in which it won just one count under Illinois's Uniform Deceptive Trade Practices Act, a federal judge has thrown out that result, too.

Judge Posner Tweaks Twombly in Seventh Circuit Refusal to Dismiss Text Message Price Fixing Class Action
Publication Date: 2011-01-06
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The judge leapt at the opportunity to weigh in on Twombly pleading standards, taking less than four weeks to write an opinion that accepted an interlocutory appeal and--without merits briefing or oral argument--concluded the trial court could give a lot of leeway to plaintiffs alleging a price-fixing conspiracy.

September 07, 2007 |

Desperately Seeking Seniors

No longer is the 60-plus set just taking a pension and slinking off into the sunset. Lawyers are living longer and healthier, and many want to stay professionally active well into their 70s. Law firms are split regarding enforcing mandatory retirement policies. Economics are driving the split, since younger attorneys want to make more money, be the primary client contact or be lead trial counsel. But kicking out profitable partners is "just lunacy," says Cadwalader Chairman Robert Link Jr.
7 minute read
May 20, 2002 |

Chicago Firms Grow New York Offices As Stepping Stone to Super-Firm Status

ACCORDING to the Chicago Public Library`s Web site, the Windy City takes its nickname not from the wind howling off of Lake Michigan but from the boosterism-inspired claims 19th century Chicago businessmen made to East Coast investors. Detractors said the Chicagoans were full of wind.Mergers With Local Partnerships Drive a Race to Expand Staffing
9 minute read
October 27, 1999 |

Whistleblower Breaks New Ground

Richard Newbold, a doctor turned entrepreneur, told hospitals he was trying to help them avoid trouble with the government. But now, instead of acting as a consultant, he's charging hospitals with breaking the law. Lawyers following the case say Newbold has broken new ground under the False Claims Act, a chief government weapon against health care fraud. They believe he is the first whistleblower to accuse a large group of defendants of fraud without personal knowledge of what they have done and why.
14 minute read
Second Circuit Socks Networks with Aereo Ruling
Publication Date: 2013-04-01
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A Second Circuit panel ruled 2-1 Monday that Aereo's convoluted strategy for streaming live television most likely passes copyright muster, handing a big setback to the networks and a huge win to Aereo's lawyers.

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