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Regulatory Due Diligence Becomes More Critical in a “Hot” Year for Deals in the FDA Space

FDA Law Blog

Claud — As the calendar turned to 2024, we came across the usual end-of year looks back and projections ahead. In a “hot” deal market, its worthwhile reiterating the fundamentals of regulatory due diligence that don’t change, no matter how attractive the deal or how short the window is to seize the opportunity. By John W.M.

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SCOTUS Holds No Time Limit for Damages Under Copyright Act

Constitutional Law Reporter

Nealy , 601 U.S. _ (2024), the U.S. The Court did not address when copyright infringement claims accrue with regard to the statute of limitations. Under the so-called discovery rule, a claim accrues when “the plaintiff discovers, or with due diligence should have discovered,” the infringing act. In Warner Chappell Music, Inc.

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Beyond the Limit: The Battle Over Copyright Back-Damages in Warner Chappell Music v. Nealy

Patently O

” Copyright’s statute of limitations bars claims not “commenced within three years after the claim accrued.” MGM and SCA Hygiene Products stating that the statute of limitations “ordinarily” begins with the wrongful act. 51 ABA Preview of US Supreme Court Cases February 2024, at 12. ” 17 U.S.C. §

Statute 104
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Trade Secret Misappropriation Preliminary Injunction Reversed

Patently O

2024-1137 (Fed. June 17, 2024). The appellate court held that the district court’s analysis was deficient in several key respects, including not addressing the statute of limitations defense, defining trade secrets too broadly, and not sufficiently assessing irreparable harm and the public interest. .”

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Sonos v. Google: Late Claiming Estoppel

Patently O

Prosecution Laches: While agreeing Sonos diligently prosecuted its patents over 13 years, Judge Alsup still found unreasonable delay and prejudice to Google. Sonos will contend that prosecution laches should not apply given its diligence and the lack of improper motive or negligence.

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Supreme Court Affirms Availability of Back-Damages Under Copyright Discovery Rule

Patently O

By Dennis Crouch and Timothy Knight On May 9, 2024, the Supreme Court issued its opinion in Warner Chappell Music v. 2024) , resolving a circuit split over the availability of back-damages in copyright infringement cases. 20, 2024). 20, 2024). Nealy , No. 22-1078, 601 U.S. ” See 17 U.S.C. § 504(a)-(c). .”

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Trading Partners May Exhale: FDA Releases Guidance Exercising a Year-Long Period of Enforcement Discretion Related to DSCSA Enforcement of Certain Provisions

FDA Law Blog

As industry is well aware, by the terms of the statute, the DSCSA’s interoperability provisions become effective ten years after its 2013 enactment, or on November 27, 2023. FDA states this will “facilitate the use and exhaustion of product supply already in the supply chain prior to November 27, 2024.” Guidance at 5. Guidance at 5.