- Plugging the “Phishing” Hole: Legislation Versus Technology
By: Robert Louis B. Stevenson
This iBrief analyzes the Anti-Phishing Act of 2005, legislation aimed at curbing the problem of “phishing.” Phishing is the sending of fraudulent emails which appear to be from legitimate ...
- Willful Infringement and the Evidentiary Value of Opinion Letters After Knorr–Bremse v. Dana
By: Joshua Stowell
Recently, the Federal Circuit in Knorr-Bremse v. Dana overruled almost twenty years of precedent by striking down the adverse inference doctrine, which had created a negative presumption against any alleged patent ...
- Taking Biologics for Granted? Takings, Trade Secrets, and Off-Patent Biological Products
By: Andrew Wasson
Biologics are complex medicines which are often genetically engineered, and which are sure to play an important role in curing some of humankind’s worst diseases. Not surprisingly, generic companies want a ...
- Disclosure of Clinical Trial Data: Why Exemption 4 of the Freedom of Information Act Should Be Restored
By: Janene Boyce
Clinical trial data generated during the FDA drug approval process can be very valuable. While patients and doctors desperately need this information to make informed choices about medical treatment, drug sponsors ...
- Patent Damage Strategies and the Enterprise License: Constructive Notice, Actual Notice, No Notice
By: James W. Soong
For the patent owner, early provision of patent notice can help maximize recoverable infringement damages during subsequent litigation. This iBrief recognizes a growing trend of infringement suits predicated on patented ...