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Home Daily News Widow of BigLaw partner loses en banc petition… Trials & Litigation By Stephanie Francis Ward Posted September 21, 2018, 3:01 pm CDT Willy Barton./Shutterstock.com The Chicago-based 7th U.S. Circuit Court of Appeals on Thursday denied a petition to rehear a wrongful-death finding involving GlaxoSmithKline and a former Reed Smith partner who died by suicide while taking a generic version of the prescribed antidepressant Paxil. Wendy Dolin, who was Stewart Dolin’s wife, alleged that GSK failed to warn people that the drug could cause suicide deaths in older users, Bloomberg Big Law Business reports. She sought $12 million in damages. A federal jury awarded her $3 million in 2017. The defense appealed to the 7th Circuit, which overturned the verdict in August. The panel found that the wording on the drug labels was mandated by the U.S. Food and Drug Administration, and Dolin’s labeling claim under Illinois law was pre-empted by federal law. The … [Read more...] about Widow of BigLaw partner loses en banc petition in wrongful-death lawsuit

Feliz CumpleañosTomorrow is another holiday in California – Admission Day.  Cal. Govt. Code § 6700(a)(10).  Although Admission Day is a statutorily designated holiday, it is not a judicial holiday.  Cal. Civ. Proc. Code § 135.California joined the union as a free state on September 9, 1849.  It was the 31st state (note below the 31 stars in the arc at the top of the word “constitution”).  The original capital was located in what was to become the Silicon Valley – San Jose.  Cal. Const. (1849) Art. XI, Sec. 1 (“The first session of the Legislature shall be at the Pueblo de San Jose . . .”.)  Later, it was relocated to Vallejo, then Benicia and ultimately to Sacramento.California’s first constitution was handwritten in both English and Spanish.  Notably, Article XI, Section 21 provided:Toda ley, decreto, reglamento y disposicion que su naturaleza deban publicarse, se publicaran en … [Read more...] about September 9 California Admission Day – Constitucion del Estado Californio

What does the 1980 boxing movie Raging Bull have to do with adult diapers? Plenty.Last year, the U.S. Supreme Court decided Petrella v. Metro-Goldwyn-Mayer, also known as the Raging Bull case because it concerned a copyright in that movie’s screenplay. The court held that the equitable doctrine of laches, which says lawsuits may be dismissed if they were unreasonably delayed, is unavailable in copyright lawsuits.Paula Petrella, the daughter of the original screenwriter, reached a settlement with MGM this year. But the decision is still being felt—and not only in copyright litigation. On June 19, the U.S. Court of Appeals for the Federal Circuit heard oral arguments in a dispute over whether Petrella applies to patent law. SCA Hygiene Products v. First Quality Baby Products concerns patents on adult diapers, but it could stink up the whole world of patent litigation.Patent litigators are watching: At least 22 amicus briefs had been filed by mid-June. Mark Privratsky, … [Read more...] about ‘Raging Bull’ decision could rouse patent holders to sue decades after alleged infringement

The U.S. Court of Appeals for the Federal Circuit has denied a petition for rehearing en banc of its panel decision in Abraxis Bioscience v. Navinta LLC (see IP Update, Vol. 13, No. 11>) regarding the applicable rule of law to apply in patent ownership dispute standing issues.  Concurring and dissenting opinions were filed by several members of the Court.  Abraxis Bioscience v. Navinta LLC, Case No. 09-1539 (Fed. Cir., Mar. 14, 2011) (per curiam) (concurring opinion by Gajarsa, J. joined by Linn, J. and Dyk, J.) (dissenting opinion by O’Malley, J. joined by Newman, J.). The problem with title to the patent in suit arose from a series of mergers and asset acquisitions carried out in relatively quick succession. In chronological order, the inventors assigned ownership to Astra Lakemedel Aktiebolag (Astra L) and AB Astra. AB Astra then merged into AstraZeneca AB (AZ-AB). Astra L and AZ-AB later (in late 2007) assigned ownership to … [Read more...] about Split Within Federal Circuit On Preemption In Ownership Disputes

Canada Steps up the Fight Against Foreign Corruption By Susan Hutton and Paul BeaudryStikeman Elliott LLPIn August 2013, a Canadian court convicted Nazir Karigar for conspiring to bribe Indian government officials with US$450,000, following a failed attempt to secure an airline security contract for Cryptometrics Canada, an Ottawa-based technology company.1 The Karigar decision is significant, as it marks the first contested trial of a charge under Canada's Corruption of Foreign Public Officials Act2 (“CFPOA”), and the first conviction against an individual. Such is the natural result, however, of Canada's recent determination to step up the fight against foreign corruption.Since it was criticized in 2011 by both the Organisation for Economic Co-operation and Development's Working Group on Bribery and by Transparency International3 for a perceived failure to adequately prosecute complex white-collar criminal cases, Canada has markedly enhanced the scale and capability of … [Read more...] about Canada Steps up the Fight Against Foreign Corruption