Searching Content indexed under Product Liability & Safety by McDermott Will & Emery ordered by Published Date Descending.
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California Court Of Appeal Holds That "Safe Harbor" Defense Precludes Suit Based On Presence Of Inorganic Arsenic In Wines
In a win for the wine industry, the Court of Appeal upheld the dismissal of the case.
United States
4 Jun 2018
Another District Court Dismisses Improperly Pled Implied Certification Claims
On March 27, 2017, the United States District Court for the Eastern District of Pennsylvania dismissed a False Claims Act (FCA) complaint due to failure to satisfy the Supreme Court's pleading...
United States
5 May 2017
Product Recalls
Potential product recall situations rank among the most stressful that a producer can face. Things move fast and decisions must be made with less-than-perfect information.
United States
4 Jan 2016
Raw Materials Compliance
Imagine that you're waiting for an international hop order to clear customs and you receive a panicked call from your broker.
United States
7 Dec 2015
President Obama Announces FDA Commissioner And Deputy Commissioner Appointments
The appointments signal significant challenges ahead; FDA compliance and enforcement actions are likely to increase substantially.
United States
25 Mar 2009
Ryan Haight Online Pharmacy Consumer Protection Act To Become Law
Pharmacies operating legitimate internet portals are encouraged to review these provisions with their legal counsel in order to ensure continuing compliance with the law.
United States
20 Oct 2008
FDA Releases Draft Guidance on Dissemination of Reprints of Peer Reviewed Journal Article
Companies should consider filing written comments on the Draft Guidance; the deadline for comment submission will be approximately April 20, 2008.
United States
22 Feb 2008
Concept Of "Ongoing Royalty" (As In Compulsory License) In Lieu Of Injunction Affirmed
The U.S. Court of Appeals for Federal Circuit affirmed a district court’s authority to set an "ongoing royalty" in lieu of an injunction, but remanded the case to the district court for additional fact finding on the proper amount of the "ongoing royalty."
United States
10 Dec 2007
Congressional Involvement Increases In U.S.-China Business Relationships
China’s rapid growth as a major world economic power has been paralleled by growth in U.S. potentially affecting U.S.-China business relationships.
United States
21 Nov 2007
Potential New Requirements For U.S. Businesses And Their Foreign Suppliers In The Wake Of U.S. Import Scares
Ultimately, any private entity that stands to benefit from access to U.S. markets owes a duty to the American public to ensure that the products they export and sell comply with all applicable safety standards. Accountability for ensuring that these standards are met rests with all stakeholders across the import process, both public and private.
United States
5 Oct 2007
Donating Health Information Technology: Final Regulations Compete With H.R. 4157 For Public Policy Control
This White Paper summarizes, analyzes and comments on the recently published final anti-kickback safe harbors and Stark regulatory exceptions for donation (or below-market transfer) of health information technology and related services (HIT) to referral sources (the final regulations).
United States
12 Oct 2006
In Fight Over Board Game Deal, E-Mail Created Genuine Dispute Concerning Existence of Contract
Reversing the district court’s second grant of summary judgment, the U.S. Court of Appeals for the Federal Circuit held that genuine issues of material fact concerning the intent of the parties to enter into a contract precluded a grant of summary judgment.
United States
4 Feb 2005
Patentee’s Demonstrated Knowledge of Prior Art Device Raises Inference of Materiality
Affirming a district court finding of a case as "exceptional" predicated on a determination of inequitable conduct, the U.S. Court of Appeals for the Federal Circuit found that the patent owner’s failure to disclose to the U.S. Patent and Trademark Office (USPTO) information on prior art devices.
United States
3 Feb 2005
Circumvention Provision Of The Digital Millennium Copyright Act Is Not A New Property Right
In a case of first impression, the U.S. Court of Appeals for the Federal Circuit affirmed a summary judgment finding no violation of the anti-circumvention and anti-trafficking provisions of the Digital Millennium Copyright Act (DMCA) by distributing garage door openers that are compatible with the plaintiff’s garage door opening (GDO) systems.
United States
2 Nov 2004
The House Of Lords Wakes Up
After a decade of refusing to take any patent cases, the House of Lords took 2; Kirin Amgen v Hoechst Marion Rousell and SABAF v MFI.
28 Oct 2004
The House Of Lords Wakes Up
After a decade of refusing to take any patent cases, the House of Lords took 2; Kirin Amgen v Hoechst Marion Rousell and SABAF v MFI.
United States
28 Oct 2004
Trade Remedies Welcome China into the WTO
In late 2001, the People’s Republic of China joined the World Trade Organization (WTO), a momentous step forward into the legal arena of world trade for what is still, at least nominally, a communist country. Since joining the WTO, China has become an aggressive user of WTO-sanctioned trade remedies, including antidumping laws, which allow domestic industries to seek tariffs against imports allegedly being sold too cheaply in the importing country.
United States
14 Sep 2004
It is The Location of The Tort And Not The Location of The Injury
Addressing the applicability of 35 U.S.C. §271(f)(1) to the issue of components that are manufactured, assembled and sold exclusively outside of the United States, the U.S. Court of Appeals for the Federal Circuit held that "the ‘tort’ of patent infringement occurs where the offending act is committed and not where the injury is felt."
United States
11 Aug 2004
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