A Supreme Court ruling yesterday shooting down a local biotech firm's hopes of launching a generic version of a multiple sclerosis drug before September has ramifications far beyond the pharmaceutical industry, say patent lawyers. In fact, two patent attorneys from the Boston office of McCarter Continue Reading
Lawyers Weigh In on High Court Claim Construction Ruling
“Patentees should appreciate Teva because those that make their claim construction cases in district court — before juries and judges who lack deep technical knowledge — now have stronger positions as appellee. Patent trials will carry added significance because non-prevailing parties can no longer Continue Reading
Attys Spar Over Protections for Watchdog Employees in NJ
Attorneys appearing before the New Jersey Supreme Court on Tuesday tried to sell competing views on the reach of the state's whistleblower law for watchdog employees whose responsibilities include voicing concerns about product safety or other important issues. The court heard hotly anticipated Continue Reading
Suit Against Finnegan Could Be Patent-Practice Game Changer
Last month, the Massachusetts Supreme Judicial Court raised the stakes for all big law firms with patent-prosecution practices by requesting amicus curiae briefing on whether representing competitors "on similar inventions" gives rise to a conflict under Massachusetts law. A broad reading of the Continue Reading
FDA Panel Recommends Approval of a New Kind of Generic Drug in the U.S.
A routine vote by an advisory panel to the U.S. Food and Drug Administration this week on a cancer drug made by Novartis could have major consequences for Boston-area biotech firms. On Wednesday, the FDA's panel charged with reviewing new cancer drugs voted unanimously to recommend approval Continue Reading
New Rules Clarify Requirements for Pro Bono Exemptions
Rule changes aimed at helping New Jersey lawyers fulfill their annual pro bono obligations kicked in at the start of the new year. The changes were proposed in 2012 by the New Jersey State Bar Association's Pro Bono Task Force and adopted by the state Supreme Court last July, but had a delayed Continue Reading
New Jersey Supreme Court’s ruling in Magic Petroleum Corp. v. Exxon Mobil Corp.
In July, the New Jersey Supreme Court removed a potential roadblock to the cleanup of contaminated sites when it ruled that parties don't have to wait on state enforcement efforts before suing for contribution under the New Jersey Spill Compensation and Control Act.The opinion is one of the most Continue Reading
Despite Property Tax Appeal Buildup, There Is Hope for Resolution
A new report from the state judiciary shows New Jersey's backlog of property tax appeals is still growing, but stakeholders are optimistic about the court's ability to clear cases going forward.Daniel Zazzali, a property taxation attorney with Newark-based McCarter & English said, “this is Continue Reading
How to Avoid Being a Discovery Pushover
When litigating a high-stakes case where at least one side has a trove of documents that could be relevant to the dispute at hand, disagreements over the scope and method for document preservation and production are more than likely to emerge. Sometimes, these disputes will get particularly heated, Continue Reading
Commercial Litigation Concerns
This article discusses some of the approaches veteran attorneys use to help their clients through the often daunting maze of commercial litigation—and past its potential pitfalls. Several attorneys weigh in on what to consider when pursuing or defending against commercial Continue Reading