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Labatte v. US

(United States Federal Circuit) - Reversed and remanded where the plaintiff appealed from a judgment of the Court of Federal Claims which had dismissed his complaint for lack of subject-matter jurisdiction. In reversing and remanding, the Federal Circuit held that the court erred in concluding that it lacked jurisdiction.




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Acorda Therapeutics, Inc. v. Roxane Laboratories, Inc.

(United States Federal Circuit) - Affirmed that a pharmaceutical company's patent claims in a multiple sclerosis drug were invalid for obviousness. Several competitors seeking to market a generic version of the same drug raised the issue of obviousness when the company sued them for infringement. In a 2-1 decision, the Federal Circuit affirmed that the patent claims in question were invalid.




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Acorda Therapeutics, Inc. v. Roxane Laboratories, Inc.

(United States Federal Circuit) - Affirmed that a pharmaceutical company's patent claims in a multiple sclerosis drug were invalid for obviousness. Several competitors seeking to market a generic version of the same drug raised the issue of obviousness when the company sued them for infringement. In a 2-1 decision, the Federal Circuit affirmed that the patent claims in question were invalid.




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Malibu Textiles, Inc. v. Label Lane International, Inc.

(United States Ninth Circuit) - Revived a textile company's copyright infringement claims accusing certain competitors of illegally copying its floral lace designs. Reversed dismissals.




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Fair Laboratory Practices Associates v. Quest Diagnostics, Inc.

(United States Second Circuit) - Judgment dismissing this qui tam action alleging that defendants engaged in a scheme of kickbacks, bribes, or rebates designed to induce referrals of Medicare and Medicaid business, is affirmed, where: 1) defendant's former general counsel, through his conduct in this qui tam action, violated his ethical obligations under New York Rules of Professional Conduct 1.9(c) which, in relevant part, prohibits lawyers from using confidential information of a former client protected by Rule 1.6 to the disadvantage of the former client, except to the extent that the lawyer reasonably believes necessary to prevent the client from committing a crime; and 2) the district court did not err by dismissing the complaint as to all defendants, and disqualifying plaintiff, its general partners, and its outside counsel on the basis that such measures were necessary to avoid prejudicing defendants in any subsequent litigation on these facts.




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Forrester Environmental v. Wheelabrator Technologies

(United States Federal Circuit) - Summary judgment for defendant on plaintiff's state law business tort claims is vacated and remanded, where the district court lacked subject matter jurisdiction over plaintiffs' claims because: 1) defendant's allegedly inaccurate statements regarding its patent rights concerned conduct taking place entirely in Taiwan; 2) the use of a patented process outside the United States is not an act of patent infringement; and thus, 3) there is no prospect of a future U.S. infringement suit arising out of the Taiwan company's use of the parties' products in Taiwan, and accordingly no prospect of inconsistent judgments between state and federal courts.




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Altavion, Inc. v. Konica Minolta Systems Laboratory

(California Court of Appeal) - Judgment for plaintiff finding that defendant had misappropriated plaintiff's trade secrets regarding its digital stamping technology (DST), which was disclosed to defendant during negotiations pursuant to Non-Disclosure Agreement, is affirmed, where: 1) plaintiff did not fail to adequately identify its trade secrets; 2) the trial court did not err in its identification of the misappropriated trade secrets; 3) ideas are protectable as trade secrets; 4) design concepts underlying plaintiff's DST constitute protectable "information"; 5) substantial evidence supports the trial court's finding that plaintiff's DST design concepts had independent economic value and the finding that defendant misappropriated plaintiff's trade secrets; 6) the trial court properly based its damages award on the reasonable royalty measure of damages, and did not err in awarding prejudgment interest; and 7) defendant has not demonstrated the trial court abused its discretion in basing its fee award on local hourly rates or shown the hourly rates employed by the trial court were unreasonable.




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Central Laborers Pension Fund v. McAfee, Inc.

(California Court of Appeal) - Affirming the trial court's summary judgment as to nine outside directors of McAfee in a class action corporate malfeasance case relating to the company's merger with Intel in which former public shareholders alleged an unfair process contaminated by conflicts that resulted in an undervalued price at sale, but reversing the judgment as to the former CEO and the corporate defendants




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National Labor Relations Board v. Ingredion Inc.

(United States DC Circuit) - Petition denied. The petition for review of a National Labor Relations Board decision was supported by substantial evidence and contentions that the Board violated due process and improperly imposed a notice-reading remedy were without merit.




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L'Chaim House, Inc. v. Div. of Labor Standards Enforcement

(California Court of Appeal) - Affirmed. Plaintiff was cited for wage and hour violations. Plaintiff contended that it could require its employees to work “on-duty” meal periods less than 30 minutes. The appeals court found that an employer must provide meal periods of at least 30 minutes regardless of whether they are on-duty or off-duty.




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Agricultural Labor Relations Bd. v. Superior Court

(California Court of Appeal) - In an administrative law action challenging the trial court's order that communications between the Agricultural Labor Relations Board and its general counsel, concerning whether to seek injunctive relief against Gerawan Farming, Inc. over complaints of unfair labor practices, must be disclosed under the Public Records Act, Government Code section 6251, the order is reversed where the Board's internal communications concerning its prosecution of Gerawan Farming are protected by attorney-client privilege.




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Central Laborers Pension Fund v. McAfee, Inc.

(California Court of Appeal) - Affirming the trial court's summary judgment as to nine outside directors of McAfee in a class action corporate malfeasance case relating to the company's merger with Intel in which former public shareholders alleged an unfair process contaminated by conflicts that resulted in an undervalued price at sale, but reversing the judgment as to the former CEO and the corporate defendants




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Millennium Laboratories, Inc. v. Ameritox, Ltd.

(United States Ninth Circuit) - In a trade dress action, the district court's grant of summary judgment to defendant is reversed where there is a genuine fact issue as to whether plaintiff's manner for presenting results in its urine test report was functional under the Lanham Act.




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Impax Lab. Inc. v. Lannett Holdings Inc

(United States Federal Circuit) - Affirmed the ruling that certain patent claims for pharmaceutical formulations, intranasal administration devices or aqueous solutions of zolmitripatan are not valid. The court found that defendant failed to prove that the claims at issue would have been obvious over the prior art.




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Acorda Therapeutics, Inc. v. Roxane Laboratories, Inc.

(United States Federal Circuit) - Affirmed that a pharmaceutical company's patent claims in a multiple sclerosis drug were invalid for obviousness. Several competitors seeking to market a generic version of the same drug raised the issue of obviousness when the company sued them for infringement. In a 2-1 decision, the Federal Circuit affirmed that the patent claims in question were invalid.




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Malibu Textiles, Inc. v. Label Lane International, Inc.

(United States Ninth Circuit) - Revived a textile company's copyright infringement claims accusing certain competitors of illegally copying its floral lace designs. Reversed dismissals.




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01100110 Releases Debut EP “Seaside Hollows” And Launches Record Label “Elektroakustische Tanzmusik.”

The Techno Artist And DJ Known As 01100110 Has Released His Latest EP Album, “Seaside Hollows” On His New Record Label “Elektroakustische Tanzmusik.”




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Cottrell v. Alcon Laboratories

(United States Third Circuit) - In a consumer protection class action, alleging that various defendants' prescription eye drop medications come with a bottle dropper tip that dispenses too much medication in one drop, thereby wasting medication and causing plaintiffs undue economic hardship, the district court's dismissal is reversed where plaintiffs have alleged sufficient injury in fact to confer Article III standing under to bring their various state law claims.




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Bayer Pharma AG v. Watson Laboratories, Inc.

(United States Federal Circuit) - In a patent infringement action, the district court's judgment for plaintiff Bayer is reversed where it clearly erred in determining that a skilled artisan would not have been motivated to create an oral disintegrating tablet version of an erectile dysfunction drug using specified sugar alcohols with the tablet formulated for immediate-release.




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Sanofi v. Watson Laboratories Inc.

(United States Federal Circuit) - Affirming the district court's rulings in the case of a patent infringement claim relating to cardiovascular drugs where the court held that the plaintiff had proven that the defense's sale of proposed generic drugs with their proposed labels would induce physicians to infringe, and holding that none of the patents were invalid for obviousness.




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Marentette v. Abbott Laboratories, Inc.

(United States Second Circuit) - Affirming a district court decision holding that a putative class action suit that organic labeled baby formula included ingredients not permitted under the Organic Foods Production Act because their state law claims were preempted by the Act.




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Abbott Laboratories v. The Superior Court of Orange County

(California Court of Appeal) - Granting a petition for writ of mandate in a case where a group of pharmaceutical companies had been sued by the District Attorney under California's Unfair Competition Law for allegations that they had engaged in a scheme to keep generic versions of a prescription drug off the market, but the suit was based on conduct outside of the county where the DA served and allowing them to proceed with the suit without written consent would permit the DA to usurp the Attorney General's statewide authority and impermissibly bind other DAs, precluding them from pursuing their own relief.



  • Drugs & Biotech
  • Consumer Protection Law
  • Criminal Law & Procedure

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Gustavsen v. Alcon Laboratories, Inc.

(United States First Circuit) - Affirmed the dismissal of a consumer complaint alleging that manufacturers of prescription eye drops deliberately designed their bottles to emit unnecessarily large drops in a ploy to force patients to waste the expensive medication and thus buy more of it. Moving to dismiss on preemption grounds, the manufacturers contended that the Food and Drug Administration would have to approve any modification of the medication's bottle. Agreeing, the First Circuit held that FDA regulations preempted the plaintiffs' state law claims seeking to force a change in the bottle design.



  • Consumer Protection Law
  • Health Law
  • Drugs & Biotech

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HAWKWIND Collaborator MICHAEL MOORCOCK & THE DEEP FIX Release Third Studio Album

British Author/Musician MICHAEL MOORCOCK Releases Live At The Terminal Café.




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OfficialVybe Will Release New Single, Entitled “Party At Atlantis” Under Roc Nation Record Label

“OfficialVybe Has Successfully Made A Deal With Roc Nation. He Will Release A New Single, “Party At Atlantis” This Year.”




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Hollywood Heavyweights Launch New Christian Music Label

Their Debut Release, Firma Collective - Songs For Every Soul, Was Produced By Mgrdichian And Mixed By The Legendary Brian Reeves




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Timid Collabs With Osaka Japan's Tomie On H.U.G.S.

Tomie's Mission With This Release Is To Display International And Intercultural Unity Through Music And Positive Progress.




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New Music Video "Lullaby" By Brahms, Cats For The Sixth Chakra

Musician And Researcher Enzo Crotti Presents "Lullaby", A New Music Video That Combines Images With The Famous Music Of Brahms.




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DED Release 'A Mannequin Idol (Lullaby)' Video

DED have released a music video for their latest single 'A Mannequin Idol (Lullaby)'.




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Licensing Start-Up Soundfeed Onboards 150 Labels, Moves To Open Beta

Soundfeed, A Music Sourcing Platform That Enables Labels To License Their Repertoire To Labels In Other Territories, Has Launched In Open Beta.




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“That’s What Crazy Lovers Do” By Kathy Ingram Now Available

Mrs. Ingraham Is No Stranger To The Spotlight, Having Been Featured On Both TV And Radio Commercials, As Well As Credited In A Hollywood Feature.




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“That’s What Crazy Lovers Do” By Kathy Ingraham Now Available

Mrs. Ingraham Is No Stranger To The Spotlight, Having Been Featured On Both TV And Radio Commercials, As Well As Credited In A Hollywood Feature.




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“That’s What Crazy Lovers Do” By Kathy Ingraham Now Available

Mrs. Ingraham Is No Stranger To The Spotlight, Having Been Featured On Both TV And Radio Commercials, As Well As Credited In A Hollywood Feature.




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Prism Sound Appoints Sonic Lab As Its Distributor In Taiwan

Based In Taipei, Sonic Lab Has An Extensive Customer Base That Encompasses Local Pro Audio, Broadcast And Film Scoring Facilities.




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Musicians From 3 Countries Collaborate To Revive A 100-year-old Story From The Tea Gardens Of India

Karen Weed's Assam Skies Brings Together Artists, Musicians And Actors From Around The Globe. The Song Is Set To Release On Sept 25.




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Hollywood Heavyweights Launch New Christian Music Label

Their Debut Release, Firma Collective - Songs For Every Soul, Was Produced By Mgrdichian And Mixed By The Legendary Brian Reeves




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Avant-Garde Label Maybe Noise Launches In Beijing

The Official Launch Will Be On May 26 At Magnet Theater With A Performance Supporting Its First Vinyl Release: Píng Zè




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13 Music Label Sold To MTN

DSN Music Spins Off Record Label To Albuquerque Music Entrepreneur's New Group




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7 Arcos Recordings Is Celebrating 15 Years As An Independent Label Success!

"Rock On" The Little Label That Did And Is Still!




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Indie Labels Represent Over A Third Of Global Recorded Music Market

Independent Record Labels Now Represent 38.4% Of Global Recorded Music Market Share In 2016 With Global Revenues In Excess Of $6bn




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Reflections on Campus Collaboration and Virtual Tools

On April 24 Divided Community Project (DCP) Deputy Director Bill Froehlich and Steering Committee Chair Grande Lum joined HNMCP’s Neil McGaraghan and Kyle Strickland (from the Kirwan Institute for the Study of Race and Ethnicity) to record a webinar session for the ABA’s virtual conference. Bill shares a few reflections on the session which focus … Continue reading Reflections on Campus Collaboration and Virtual Tools




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Calling All Syllabi

 We are very fortunate to belong to a very generous community of law school colleagues who teach dispute resolution. One reflection of colleagues’ generosity is our freely sharing resources with each other.  My law school has hosted the Dispute Resolution Resources in Legal Education (DRLE) website to facilitate this sharing.  In particular, we have collected … Continue reading Calling All Syllabi




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Gustavsen v. Alcon Laboratories, Inc.

(United States First Circuit) - Affirmed the dismissal of a consumer complaint alleging that manufacturers of prescription eye drops deliberately designed their bottles to emit unnecessarily large drops in a ploy to force patients to waste the expensive medication and thus buy more of it. Moving to dismiss on preemption grounds, the manufacturers contended that the Food and Drug Administration would have to approve any modification of the medication's bottle. Agreeing, the First Circuit held that FDA regulations preempted the plaintiffs' state law claims seeking to force a change in the bottle design.



  • Consumer Protection Law
  • Health Law
  • Drugs & Biotech

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50 Coloradans have been allowed to stay on unemployment after refusing work, labor official says

So far, state labor officials have opened investigations into 150 instances of workers being called back to their workplaces or being offered new jobs and refusing, choosing instead to continue requesting unemployment benefits because of coronavirus-related concerns.




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WATCH: MSU Denver uses 3D printing lab to produce personal protective equipment for health care workers

Ted Shin, the chair of the Department of Industrial Design at Metropolitan State University of Denver, could see coronavirus coming, first in China, then in Italy.




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Kirk Franklin's Dream Collaboration



Kirk Franklin would love to work with Sting in the future!




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Weekend Movie Marathon: Nino Brown Cancels Labor Day



And nobody better ask one question.



  • BET Star Cinema

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SZA, Justin Timberlake Collab On ‘Trolls World Tour'



The singers released a 90s-hip-hop inspired music video




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Megan Thee Stallion Claims Label Won’t Let Her Release Music



The rapper shared the hashtag #FREETHEESTALLION




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One Person Shot At Lil Baby’s Alabama Concert



The victim was hospitalized with life-threatening injuries.