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Jazz Pharmaceuticals Inc. v. Amneal Pharmaceuticals LLC

(United States Federal Circuit) - Affirmed a finding of patent claim invalidity involving certain claims related to a drug distribution system for tracking prescriptions of sensitive drugs, such as those with addictive properties. In affirming, the Federal Circuit held that the Patent Trial and Appeal Board did not err and that its determination, on inter partes review, that the patents were invalid was obvious.




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Saint Regis Mohawk Tribe v. Mylan Pharmaceuticals Inc.

(United States Federal Circuit) - Affirmed that tribal sovereign immunity could not be asserted in a patent proceeding. A pharmaceutical company involved in a dispute over an eye medication patent transferred the title of its patent to a Native American tribe, which then moved to terminate the patent proceeding on the basis of sovereign immunity. Concluding that tribal sovereign immunity cannot be asserted in inter partes review, the Federal Circuit affirmed the denial of the Tribe's motion to terminate the proceeding.




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United Food and Commercial Workers Unions v. Novartis Pharmaceutical Corp.

(United States First Circuit) - Affirmed the dismissal of two putative antitrust class actions alleging that a pharmaceutical company took steps to block the entry of generic versions of its leukemia-treatment drug into the U.S. market. The plaintiffs, including several labor union benefit funds, claimed that the drugmaker engaged in anticompetitive conduct by bringing sham infringement lawsuits against manufacturers trying to enter the market with generic versions of that drug. Dismissing the complaints, the district court held that the plaintiffs had not plausibly alleged their claims, and the First Circuit affirmed.



  • Antitrust & Trade Regulation
  • Health Law
  • Drugs & Biotech

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Teamsters Local 404 Health Services and Insurance Plan v. King Pharmaceuticals, Inc.

(United States Second Circuit) - Held that it was proper to remand to New York state court a case in which a labor union health plan sought disclosure of a patent dispute settlement agreement between pharmaceutical companies and the generic manufacturer of the EpiPen. Affirmed the district court's remand order, in this special proceeding under New York law seeking pre‐action disclosure.




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Helsinn Healthcare S.A. v. Teva Pharmaceuticals USA, Inc.

(United States Supreme Court) - Held that an inventor's sale of an invention to a third party who is obligated to keep the invention confidential can qualify as prior art for purposes of determining the patentability of the invention. The dispute here involved two pharmaceutical companies that disagreed about whether a certain drug was under patent; one of the companies wanted to market a generic version of it. Justice Thomas delivered the unanimous opinion.




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11 tips voor een productievere werkdag [infographic]

To-do-lijstjes die groter worden in plaats van kleiner, deadlines die zich opstapelen en een bomvolle agenda met afspraken. Het kan frustrerend zijn als je na een lange werkdag niet alles afgerond hebt wat je graag af wilde hebben. Zeker in deze periode waarin thuiswerken de normaalste zaak ter wereld is en alles op afstand moet. […]






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Mavrix Photographs, LLC. v LiveJournal, Inc.

(United States Ninth Circuit) - In a copyright dispute arising out of photographs posted online on defendant's social media website, the district court's summary judgment that defendant was entitled protected by the safe harbor of the Digital Millennium Copyright Act is reversed where: 1) the safe harbor set forth in 17 U.S.C. section 512(c) would apply if the photographs were posted at the direction of users; 2) defendant posted the photographs after a team of volunteer moderators, led by an employee of the defendant, reviewed and approved them; 3) the common law of agency applied to the defendant's safe harbor defense; and 4) there were genuine factual disputes regarding whether the moderators were the defendant's agents.




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Tribute Album & Shows To Original Genesis Guitarist Anthony Phillips By Rocking Horse Music Club Announced

Rocking Horse Music Club Presents The Music Of Anthony Phillips Feat. Guest Appearances By Steve Hackett, John Hackett, Nick Magnus, Kate St. John, John Helliwell & Others.




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HCM Interviews Innovative Hip-Hop Artist "Telephone Switches"

Hood Critic Magazine Sits Down With P And Coming Hip-hop Artist Telephone Switches For A Brief Interview.




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New From Mz J4ZZIE 'Philomena' Featuring Sona

The Afrobeat/Afrorap Genre’s Rise Has Really Gone On Leaps And Bounds Over The Last Few Years.




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Ceraphin Radio Network's IJazzy Classical To Air Broadway Musical Songs

IJazzy Classical Is Haiti’ Only Jazz Radio Station.




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PHL Variable Ins. Co. v. Town of Oyster Bay

(United States Second Circuit) - Affirmed. Trial court dismissed Plaintiff’s complaint for failure to state a claim on the grounds that the claimed agreement entered into with Defendant had not be approved by the Defendant’s governing board as required by New York Town Law, hence there was no valid and enforceable contract.




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RUBiS Service Stations Phase 1 Operating Hours

RUBiS Energy Bermuda provided information about their operating hours during the Island’s Phase 1 reopening, with select sites offering 24-hour...




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With Buy-in From Rural Counties, Nevada Starts First Phase Of Reopening Saturday

By Bert Johnson

Nevada Gov. Steve Sisolak announced the state will begin lifting COVID-19 restrictions sooner than expected, starting this weekend. 

“We will enter Phase One on Saturday May 9, before the current stay at home directive would have expired on May 15,” he said Thursday. 

This stage of Nevada’s Roadmap to Recovery allows for nonessential businesses like barbershops, salons and retail outlets to open their doors. And restaurants will be able to offer dine-in service again, too. But Sisolak explained there also will be some new requirements to make that process as safe as possible.

“Retail businesses shall limit the number of customers in their facility at any given time to no more than 50% of the allowed occupancy based on applicable firecodes,” he said. 

Restaurants will also be required to space tables six feet apart and use reservations whenever possible to help ensure social distancing.

Those stricter limits on customer density will also apply to essential businesses, like grocery stores, which didn’t have them before. Employees who work with the public will also be required to wear masks now, although customers are merely encouraged to do so.

Notably, the state’s casinos will remain closed at this point in the process. Bars that don’t serve food, movie theaters and gyms are also banned from reopening for now. 

Phase One — and every step that follows in the plan — will last at least two weeks, so officials can evaluate their impact on Nevada's outbreak.

The recovery plan was developed with input from the Local Empowerment Advisory Panel, which includes county-level elected officials tasked with seeking feedback from local leaders around the state. According to Clark County Commission chairwoman Marilyn Kirkpatrck, who represents urban communities for the panel, they wanted to avoid one-size-fits-all solutions. 

“We made sure that all of the counties had a voice in any statewide standards that we crafted,” she said. “There are different things across our state that make us unique.”

To that end, county officials are able to keep stricter standards for reopening in their jurisdictions if they think it’s necessary — but they won’t be allowed to make restrictions looser than those defined by the state. 

According to J.J. Goicoechea, who serves as Chairman of the Eureka County Commission and represents rural communities on the advisory panel, their efforts came in the nick of time. 

“We were right on the breaking point of some of these rural counties and some of these constituents just saying, ‘The hell with it, we’re gonna open. We’ve got to move forward, we can’t afford to stay closed anymore,’” he said.

In California, rural counties like Yuba and Sutter have bucked the state’s guidance and allowed non-essential businesses to reopen, prompting criticism from Gov. Gavin Newsom. Goicoechea says his efforts at communicating with his rural peers kept them invested in the process. 

Goicoechea says the plan’s flexibility is also important because the balance between public health and economic needs looks different in every community. 

“It was critical that we did have representation that these rurals felt comfortable talking to,” he said.

According to Kirkpatrick, the next step in the state’s plan to reopen was driven by public health concerns as well. 

“In Phase One we needed to be able to meet the federal criteria of the downward hospitalizations, we needed to increase the testing,” she said.

She added that Nevada is on track to be able to test 4,000 residents per day, with a target of 10,000 per day by June. Sisolak said in addition they’re expanding testing criteria, too. 

“They will all be able to get tests now if they’ve been identified as either a symptomatic or asymptomatic patient,” he said.

According to a recent NPR investigation, however, the state needs to test more than 5,000 people every day to be able to control its outbreak.




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Stephanie Ryann Releases Her Official Music Video For "Whiskey Regret"

Rising Country Artist, Stephanie Ryann, Has Released Her First Music Video For The Song "Whiskey Regret" Off Of Her Debut, Self-titled EP To Commemorate The Anniversary Of Its Release Last October




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Adam Joseph Resources v. CNA Metals Ltd.

(United States Fifth Circuit) - Held that a Houston law firm should be allowed to intervene in a lawsuit to protect its right to a contingent fee. The firm's client and the opposing party had allegedly conspired to cheat it out of its deserved attorney fee for work on a matter involving a foreign arbitral award. Remanded with directions to permit intervention and consider the law firm's claims on the merits.




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The Ophelia Connection

Shakespeare’s Ophelia in works by Brahms, Berlioz, Tchaikovsky and more.




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COVID-19 Weekend Updates / Truckee, Chico Mayor Coronavirus Check-In / Photography During Pandemic

The latest developments in the coronavirus pandemic from weekend across the region. We check in with the mayors of Truckee and Chico on how their cities are managing, and a local photographer offers a window into the lives of her neighbors.




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Entering Phase 2, Prospective Reopening / Sleep & COVID-19 / New Health Care Workers Anthem

California moves toward Phase 2 in changing its stay-at-home rules. We check in with businesses who could soon reopen their doors. A Sutter Health sleep expert talks odd dreams and interrupted sleep, and an anthem to healthcare workers.




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CRAS Students Build Own Ribbon Mikes During Austin DIY Ribbon Microphones Clinic

Rick Wilkinson And Bob Kostlan Of Austin Ribbon Microphones Conduct DIY Ribbon Mic Build; Dave Royer Of Royer Labs Also Attended To Test Prototype Mics With The School’s Student Section Of AES




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DPA Microphones’ 2028 Vocal Mic Makes U.S. Debut At AES

Company Will Also Present Its New 4097 Choir Mic To Attendees




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LSS Productions Invests In DPA’s Smallest Headset Microphones For Sondheim’s Award Winning Musical Sunday In The Park With George

The Australian Sound Design Company Chose DPA 6066 Subminiature Headset Microphones For This Prestigious Production Because They Were So Discreet And Easy To Fit.




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GONZALES v. CONOCOPHILLIPS COMPANY

(US 5th Circuit) - No. 19-20285 Consolidated with 19-20467




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Stephanie Ryann Releases Her Official Music Video For "Whiskey Regret"

Rising Country Artist, Stephanie Ryann, Has Released Her First Music Video For The Song "Whiskey Regret" Off Of Her Debut, Self-titled EP To Commemorate The Anniversary Of Its Release Last October




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Latest Phishing Scam Trend

We would like to warn our visitors about the latest phishing scam trend involving very legitimate looking e-mails containing an HTML attachment that redirects to the actual phishing site. This method seems to be very effective and a lot of people are tricked by this. Review the comments section of this scam example and make sure you apply these hints to every e-mail that appears to be from your bank to distinguish the fake e-mails from the real ones. Feel free to contact us if you have doubts about the legitimacy of an e-mail that your received.




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A SOPHISTICATED JUXTAPOSITION OF JOY, MELANCHOLY, AND MYSTERY INFUSE SINGER/SONGWRITER/GUITARIST JANA HERZEN’S THIRD ALBUM, ‘NOTHING BUT LOVE’ ; Out 1.17.20 On Motéma Music

Collection Of Folk, Pop, World And Jazz Originals Tells A Tale Of Love In Many Guises;




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Stephens v. Union Pacific Railroad Company

(United States Ninth Circuit) - Affirmed. In a claim of negligence for secondary exposure to asbestos, the plaintiff failed to establish sufficient cause. The panel held that in the context of asbestos claims, the substantial-factor test requires “demonstrating that the injured person had substantial exposure to the relevant asbestos for a substantial period of time.”



  • Injury & Tort Law

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DPA Microphones Boosts Its Presence In Singapore And Thailand With Two New Appointments

Acoustic & Lighting Systems And Arcadia Tech Are Now Representing The Company’s Products In These Key Territories.




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Loveland is the latest ski area to ban uphill skiing after huge crowds this weekend

Officials worry crowded slopes aren't allowing for proper social distancing during coronavirus outbreak.





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Stephanie Ryann Releases Her Official Music Video For "Whiskey Regret"

Rising Country Artist, Stephanie Ryann, Has Released Her First Music Video For The Song "Whiskey Regret" Off Of Her Debut, Self-titled EP To Commemorate The Anniversary Of Its Release Last October




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Murray v. City of Philadelphia

(United States Third Circuit) - Dismissed an appeal filed in a civil rights case by the estate of a man who was shot and killed by police officers. As the administrator of the estate, the man's mother filed suit alleging that the officers had used excessive force. When the jury returned a verdict in favor of the officers, she appealed pro se. Dismissing her appeal on grounds that she had filed it without counsel, the Third Circuit held that a non-attorney who is not a beneficiary of an estate may not conduct a case pro se on behalf of the estate.




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US ex rel. Silver v. PharMerica Corp.

(United States Third Circuit) - Reinstated a False Claims Act lawsuit alleging fraud in connection with the sale of pharmaceutical drugs to nursing homes. The defendant company, which owns and operates institutional pharmacies, argued for dismissal of the qui tam action on the ground that the allegation was already known to the public, and the district court agreed. Reversing and remanding, the Third Circuit held that the relator's allegation had not previously been publicly disclosed.




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Vorchheimer v. The Philadelphian Owners Association

(United States Third Circuit) - Affirmed the dismissal of a disabled tenant's lawsuit under the Fair Housing Amendments Act. The tenant, who needs ready access to her rolling walker, brought suit when the building managers refused to allow her to leave it in the building's lobby. Unpersuaded by her arguments, the Third Circuit concluded she did not plausibly plead that her preferred accommodation of leaving the walker in the lobby was necessary, given that she was offered four other ways to store and access her walker.




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Bifolck v. Phillip Morris

(United States Second Circuit) - Remanded. The panel agreed with Bifolck that the district court misapplied the nonmutual offensive collateral estoppel standard, but the error does not necessarily require the judgement to be vacated.




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Puerto Rico Telephone Co. v. San Juan Cable

(United States First Circuit) - In an antitrust action, alleging that defendant's petitioning of the Puerto Rico Telecommunications Regulatory Board, government officials and tribunals, and commonwealth and federal courts to prevent plaintiff's application to provide internet protocol television service violated the Sherman Act, the district court's grant of summary judgment to defendant is affirmed where the facts of the case don't subject defendant to the sham exception of the Noerr-Pennington doctrine protecting the right to petition the government.




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Philadelphia Taxi Association, Inc. v. Uber Technologies, Inc.

(United States Third Circuit) - Affirming a district court dismissal of a case brought by numerous taxi associations seeking to prevent Uber from taking their business because Uber's conduct didn't arise to an antitrust violation, attempted monopoly, or other unfair business activity, even if it is killing the old taxicab businesses.




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United Food and Commercial Workers Unions v. Novartis Pharmaceutical Corp.

(United States First Circuit) - Affirmed the dismissal of two putative antitrust class actions alleging that a pharmaceutical company took steps to block the entry of generic versions of its leukemia-treatment drug into the U.S. market. The plaintiffs, including several labor union benefit funds, claimed that the drugmaker engaged in anticompetitive conduct by bringing sham infringement lawsuits against manufacturers trying to enter the market with generic versions of that drug. Dismissing the complaints, the district court held that the plaintiffs had not plausibly alleged their claims, and the First Circuit affirmed.



  • Antitrust & Trade Regulation
  • Health Law
  • Drugs & Biotech

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Extensive ODR Bibliography

From Leah Wing: Dear Colleagues, The National Center for Technology and Dispute Resolution is happy to announce the unveiling of a newly updated extensive Online Dispute Resolution (ODR) bibliography which is available on our website and here. It is wonderful to see so many new partners from the courts, alternative dispute resolution, and many other … Continue reading Extensive ODR Bibliography




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United Food and Commercial Workers Unions v. Novartis Pharmaceutical Corp.

(United States First Circuit) - Affirmed the dismissal of two putative antitrust class actions alleging that a pharmaceutical company took steps to block the entry of generic versions of its leukemia-treatment drug into the U.S. market. The plaintiffs, including several labor union benefit funds, claimed that the drugmaker engaged in anticompetitive conduct by bringing sham infringement lawsuits against manufacturers trying to enter the market with generic versions of that drug. Dismissing the complaints, the district court held that the plaintiffs had not plausibly alleged their claims, and the First Circuit affirmed.



  • Antitrust & Trade Regulation
  • Health Law
  • Drugs & Biotech



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David Dahl hits 2 homers in Rockies’ win over Phillies in MLB The Show 20

David Dahl crushed two home runs and the Rockies had 15 hits in their 13-5 rout of the Phillies Sunday at Citizens Bank Park.





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Apple introduces a $399 iPhone

At $399, the new iPhone SE costs about 40% less than the regular $699 iPhone.




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“A crazy thing to witness”: Photographer captures viral images of Denver coronavirus protest

Alyson McClaran had no idea she'd end up capturing some of the most powerful moments of the Colorado protest: two people who appeared to be health care workers, dressed in aquamarine scrubs and medical-grade face masks, standing in a crosswalk silently obstructing the path of shouting, car-bound protesters.




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Avalanche goalie Philipp Grubauer cycling “about 100 miles per day” in Denver area

Avalanche goalie Philipp Grubauer of Germany has remained in Denver during the NHL "pause" and says he has become an avid cyclist riding "about 100 miles per day," according to NHL.com.




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Tiger Woods, Phil Mickelson, Peyton Manning and Tom Brady to donate $10 million to coronavirus relief

The next match involving Tiger Woods and Phil Mickelson involves a $10 million donation for COVID-19 relief efforts, along with plenty of bragging rights in a star-powered foursome May 24 at Medalist Golf Club.