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Success fosters insight; insight informs success. Our representative matters look beyond the immediate solution to the next challenge facing your business and industry.

Of course, past outcomes afford no guarantee of future results. Every case is different and must be judged on its own merits.

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Insight | Pharmaceutical and Medical Device

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.

Insight | Pharmaceutical and Medical Device

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).

Insight | Technology and Telecommunications

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.

Insight | Pharmaceutical and Medical Device

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.

Insight | Pharmaceutical and Medical Device

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).