Bad for Your Health: Lawsuit Advertising Implications and Solutions
Shook, Hardy & Bacon Partner Cary Silverman has authored a report for the U.S. Chamber Institute for Legal Reform examining the effects of advertising soliciting plaintiffs for lawsuits targeting prescription drugs and medical devices.
Federal Circuit Finds that Petitioners Have Burden of Persuasion of Unpatentability of Claims Amended During an IPR Proceeding, For Now
Partners Elena McFarland and Sharon Israel, with Of Counsel Amy Foust, detail the opinions in a Federal Circuit decision on inter partes review (IPR).
Exhausted!: The Supreme Court Weakens Patent Owners’ Rights to Enforce Post-Sale Restrictions on Patented Products
In this issue of the IpQ, Partners Robert Reckers and Elena McFarland, with Associates Melissa Marrero and Colman McCarthy, explore how the U.S. Supreme Court's decision in Impression Products, Inc. v. Lexmark International, Inc. affects patent owners' rights to enforce post-sale restrictions.
Keenan Recommends Best Practices for Medical Device Manufacturers' Sales Reps in the Operating Room
Shook Partner Matt Keenan has authored an article for the Food and Drug Law Institute exploring how medical device manufacturers can protect themselves from liability when sending sales representatives into the operating room to assist surgeons with device implantation.
Tenth Circuit Finds Citizen Petition Denial to be "Clear Evidence" of Conflict Preemption
A U.S. Court of Appeals has held that a Food and Drug Administration (FDA) denial of a citizen petition can be “clear evidence” of conflict preemption under the test set forth by the Supreme Court in Wyeth v. Levine, 555 U.S. 555 (2009).