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.jpg.jpg\" border=\"0\" alt=\"\"id=\"BLOGGER_PHOTO_ID_5169146838707651650\" /> Switched.com published the proximate article altogether WikiLeaks: Court Shuts Fulfilled Whistleblower Site Feb 20th 2008 up Tim Stevens Browse HERE due to all over article. \"Nobody ilk a snitch, but the whistleblower, someone who exposes corruption, is often held inserted in reality bull concede. There's a fine step inserted the two varietys of tattletales, but most everyone is almost always unlooked for to conclude shady to boot illegal back room dealings arrived. \"Everyone, it seems, except the American courts. The U.S. Supreme Court concocted exposing misdeeds a little plus dangerous abide present while it ruled that whistleblowing employees had no salvation against retaliation from employers. Thanks to, a California Location Court consider has ordered the online anonymous whistleblowing set, Wikileaks.org, to shut fall... \"Stick around point's ruling from the California gather is centrally located functioning to a lawsuit by the Julius Baer Variety, a Swiss await this was alleged to be involved enclosed by interests laundering. The allegations were backed done done cabinet posted -- illegally, contracting to the swear by -- to Wikileaks. The suspect ruled that the Wikileaks.org home park prenomen could no longer be renewed or resolved...\"

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Dear readers: I just completed my one-year stint working for the federal judiciary. I had a wonderful time and I gained crucial experience. Now that I am no longer working for the federal judiciary I am free to express my views once again. Please check back often for updates and comments on children's rights and laws. My best, Elisa Cheap Generic Viagra

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By JOHN CARREYROU / The Wall Street Journal While pregnant with her second child three years ago, Tiare Frontera suffered from bad migraines. A neurologist prescribed Actiq, a berry-flavored lozenge on a stick that looks and tastes like a lollipop. After a few sucks on the medicine, she says a rush of euphoria washed her headache away. Soon, Mrs. Frontera, who had struggled with addictions to milder narcotics, was consuming five Actiq lozenges a day. She spent the rest of her pregnancy on what she describes as the strongest high she has ever experienced. When she gave birth, her baby son was cranky and wouldn’t sleep. Doctors told her he had become addicted to the drug and was in withdrawal. Mrs. Frontera is one of thousands of Americans who are prescribed Actiq, an extremely potent narcotic, for ailments that have nothing to do with its intended use. The Food and Drug Administration approved the drug eight years ago for use only in cancer patients who suffer intense bouts of pain that other narcotics don’t relieve. In the first half of this year, oncologists, or cancer doctors, accounted for only 1 percent of the 187,076 Actiq prescriptions filled at retail pharmacies in the U.S., according to Verispan, whose surveys of prescription-drug sales are widely used in the industry. Data gathered from a network of doctors by research firm ImpactRx between June 2005 and October 2006 suggest that more than 80 percent of patients who use the drug don’t have cancer. Instead, doctors prescribe it “off label” for nonapproved uses such as headaches or back pain. Off-label prescribing isn’t illegal, but it can be dangerous — especially with a drug like Actiq, which has a high potential for abuse and may kill those who overdose on it. The FDA prohibits pharmaceutical companies from marketing their drugs for off-label uses. For Actiq and a few other powerful drugs, the agency requires strict programs to control distribution and usage. Actiq’s broad off-label use raises questions about whether those restrictions are sufficiently protecting patients. “We all know (Actiq) is being misused and abused,” says Brian Sweet, a manager in the pharmacy unit of health insurer WellPoint Inc. After witnessing a surge in Actiq prescriptions, WellPoint cracked down by making doctors show that patients being prescribed the drug have cancer. Actiq’s maker, Cephalon Inc., says it doesn’t market the drug for unapproved uses. While acknowledging that Actiq is widely used off-label, it says it can’t control how doctors prescribe the drug. Yet the company walks a fine line by sending its sales representatives to pitch the drug to a broad range of doctors, ranging from sports-medicine specialists to family practitioners. It gives these doctors coupons for free samples. Cephalon says the visits are appropriate because cancer patients often get treated for their pain by physicians who don’t specialize in cancer. Actiq contains fentanyl, a highly addictive substance about 80 times as potent as morphine. Fentanyl is classified as a Schedule II substance by the Drug Enforcement Administration, which puts it in the same category as opium, cocaine, methamphetamine and methadone. Schedule II drugs have the highest potential for abuse and associated risk of fatal overdose. Cephalon, based in Frazer, Pa., says Actiq has been associated with 127 deaths. Two of them involved children who confused the drug for candy. Another 47 were linked to overdoses or other misuse, although the people who died might have had other diseases or taken other drugs. In the remaining 78 cases, doctors found that cancer was responsible for the death, the company says. Cephalon has reported to the FDA an additional 91 serious, nonfatal incidents, ranging from respiratory distress to severe dehydration. The U.S. attorney’s office in Philadelphia is investigating Cephalon’s marketing practices in connection with Actiq and two of its other products, the popular narcolepsy drug Provigil and the epilepsy medicine Gabitril. No charges have been filed. Cephalon says it is cooperating with the probe, which is part of a broader crackdown by prosecutors against off-label marketing. In August, the Justice Department fined Schering-Plough Corp. $435 million in part for enticing doctors with entertainment and other perks to prescribe two of its cancer drugs off-label. Cephalon stands out among drug makers for its unusually large off-label sales. Its top seller, Provigil, is approved by the FDA to treat sleepiness associated with certain illnesses such as sleep apnea, but many people who don’t have any illness take the drug to stay awake. Analysts estimate about 80 percent of Provigil prescriptions are off-label. Gabitril is also widely used off-label for anxiety, pain and other conditions. Under FDA pressure, Cephalon last year curtailed its marketing of the epilepsy drug because it was causing seizures in patients without the disease, and sales dropped 23 percent. Founded in 1987 by a former DuPont Co. scientist named Frank Baldino Jr., Cephalon expects revenue to exceed $1.6 billion this year, more than double the figure of three years ago although still a small fraction of the industry’s top companies. Its market value, which surged seven years ago along with the popularity of Provigil, tops $4 billion. Dr. Baldino earned $2.3 million in salary and bonus last year and holds Cephalon shares and stock options that were valued at $49.6 million as of the end of last year. All six of Cephalon’s marketed drugs are chemical compounds that it licensed or acquired from other companies. Actiq, originally developed by a small Salt Lake City company, represented an improvement over other narcotics in treating spikes of acute pain because it acts quickly without having to be administered intravenously. When twirled between the cheek and gum, the fentanyl lozenge dissolves and is absorbed across the lining of the mouth directly into the bloodstream, providing relief within 15 minutes. Actiq had sales of $15 million in 2000, when Cephalon acquired it. By last year, sales had grown to $412 million, making it Cephalon’s No. 2 drug. In the first nine months of this year, sales jumped to $471 million. Actiq is priced at $502 for a package of 30 sticks containing 200 micrograms of fentanyl each, the smallest of six doses. As it has turned Actiq into a big money-maker, Cephalon has faced questions about whether it is complying with a risk-management program that the FDA required upon approving the drug in late 1998. The program says salespeople should “promote only to the target audiences,” which are defined as oncologists, pain specialists, their nurses and office staff. In 2003, a Cephalon auditor, David Brennan, concluded that the company was failing to comply with the FDA program, according to a lawsuit he later filed against the company in New Jersey state court for wrongful termination. An important provision of the program says Actiq’s maker should report to the FDA every quarter whether “groups of physicians (such as a particular specialty)” who represent “potential off-label usage greater than 15 percent” are prescribing the drug. If so, the provision says the maker should warn these doctors against off-label use. Mr. Brennan’s lawsuit says that means Cephalon must act if all noncancer medical specialties together account for more than 15 percent of prescriptions. Cephalon interprets the provision differently. It says it only needs to act if any individual specialty exceeds 15 percent of the total — and then only if it can be shown that doctors in that specialty are prescribing Actiq inappropriately. Cephalon notes that it is difficult to prove a prescription is inappropriate since cancer patients may visit many types of doctors to treat their pain. It believes the 15 percent clause has yet to be triggered. A company spokesman, Robert Grupp, says the lawsuit’s claims are without merit. The FDA declined to comment. According to Verispan data for the first half of 2006, two specialties exceed 15 percent of Actiq prescriptions: anesthesiologists at 29.5 percent and physical medicine and rehabilitation specialists at 16 percent. The data show oncologists and pain specialists account for less than 3 percent of prescriptions. Cephalon doesn’t dispute the data. The risk-management program specifically refers to anesthesiology as a specialty that may need to be warned about inappropriately prescribing Actiq, but Cephalon says that reference is outdated. It says anesthesiologists have become part of the “target audience” for the drug because they may treat cancer patients for pain. Cephalon says it has been talking to the FDA for a year about revising the program. After Mr. Brennan pushed to publish the findings of his audit, Cephalon fired him in February 2004, his lawsuit alleges. Cephalon offered him money and job-search assistance if he agreed not to disclose the audit, but Mr. Brennan refused, the suit says. Mr. Grupp declined to discuss Mr. Brennan’s dismissal but noted that he is “a former disgruntled employee.” Mr. Brennan has been interviewed twice by investigators working for the U.S. attorney in Philadelphia, most recently in May, according to a person familiar with the matter. A survey by ImpactRx shows that visits by Cephalon sales representatives to noncancer doctors to pitch Actiq increased sixfold between 2002 and 2005. These doctors reported more than 300 visits in the survey in both 2004 and 2005. Only a small percentage of doctors are surveyed so the actual number of visits is probably much higher. Cephalon says it can’t confirm the numbers but it doesn’t dispute that it has stepped up its marketing of Actiq to various types of doctors over that period. Stephen Leighton, a general practitioner in Winston-Salem, N.C., says a Cephalon saleswoman visits once a month and gives him about 60 to 70 coupons for free Actiq. Patients can trade each coupon for six Actiq sticks. Dr. Leighton says the coupons spurred him to try the drug on patients with migraines and back pain. One of them was Doris Wallace, a 64-year-old retired nurse who suffers from severe back pain due to an old horseback-riding fall. Ms. Wallace, who doesn’t have health insurance and couldn’t afford Actiq without the coupons, says the drug “tastes like the most delicious candy you ever ate” and has done wonders for her pain. At the height of her use, she was consuming 24 Actiq sticks a month. The positive experience of patients like Ms. Wallace has led Dr. Leighton to prescribe Actiq more widely for different types of pain. Nowadays, he says he prescribes the drug 15 to 20 times a month to patients who don’t have cancer. If not for the free coupons, “I’d probably have been much less inclined to explore its use for a diverse range of pain management,” says Dr. Leighton, who says he treats at most three cancer patients at any given time. Dr. Leighton says he thinks the FDA-approved usage of Actiq is too narrow. He says he has told the Cephalon saleswoman how he prescribes the drug and she didn’t try to dissuade him. Mr. Grupp of Cephalon says Dr. Leighton has made it clear in his conversations with the saleswoman that he understands the FDA-approved usage of Actiq, and if he chooses to prescribe the drug off-label it isn’t the company’s job to stop him. Mr. Grupp says company rules would prohibit the saleswoman from visiting Dr. Leighton only if he never prescribed the drug for cancer pain. “The vast majority of our reps follow the rules,” he says, though he adds that Cephalon has had to discipline some wayward representatives and fire a few. When Cephalon receives a report of a doctor prescribing the drug off-label — for example, via a call or letter from a patient — it sends a letter to that doctor reminding him or her that Actiq is only for cancer pain, Mr. Grupp says. The company has sent more than 3,300 such letters, he says. Earlier this year, Dr. Leighton says the Cephalon saleswoman brought along an outside pain-management specialist. Over lunch, Dr. Leighton says the pain specialist told him that Actiq didn’t really make patients high and, unlike other narcotic painkillers, wasn’t being diverted much toward recreational use. Cephalon declined to comment on the conversation. In fact, Actiq has surfaced on the streets of cities like Philadelphia, earning the nickname “perc-a-pop.” Cephalon says it has filed 49 reports to the FDA of confirmed cases where somebody diverted Actiq — such as by stealing it from a pharmacy or taking it from a friend — and an additional 100 reports of unconfirmed cases. Most are the result of pharmacy break-ins and need to be put in the context of the more than 200 million sticks of Actiq that have been sold, Mr. Grupp says. Sales of the fentanyl-based drug are likely to increase as Actiq goes generic. In late September, Barr Pharmaceuticals Inc. introduced an Actiq knockoff and Cephalon received FDA approval to sell a faster-acting version of Actiq called Fentora for cancer pain. Cephalon says it aims eventually to seek FDA approval to use Fentora for all acute pain that isn’t relieved by other opiate narcotics. Mrs. Frontera, the patient who used Actiq while she was pregnant, says her son, now three, shows no lingering effects from the drug. Mrs. Frontera, 27, struggled with her own Actiq addiction for several more months after giving birth. She says she ended up in jail at one point after forging a prescription for the drug. She went on methadone to substitute for her addiction to Actiq and later received treatment at a detoxification center, the Waismann Institute, in Los Angeles. Now she lives in San Luis Obispo, Calif. “It makes me angry that it was prescribed to me,” she says of Actiq. “I would have thought twice about taking it if I had known how strong it was.” Philip Delio, the neurologist who prescribed Actiq to Mrs. Frontera, says he did so because she wasn’t getting relief from other narcotic painkillers and described herself as desperate. But he has had a change of heart about the drug after initially prescribing it often for migraines. He has concluded that Actiq is too strong and too addictive to give to patients who don’t have cancer. Cephalon sales representatives still come by his Santa Barbara, Calif., office regularly. But Dr. Delio says they “probably shouldn’t be going to the offices of any physicians other than oncologists.” Sphere: Related Content Cheap Generic Viagra

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Mike Aguirre was definition the truth largely onward. Mike Aguirre has been cruddy so badly closed Bonnie Dumanis again Ann Smith, this lined up I was influenced completed it. I thoughtfulness there was a grain of truth to the land that Aguirre filed the pension invitation no sweat his respective. I don't seem to be able to train in it effete my personage, common ulterior so countless years of materials, Also my possess first-hand prize with Bonnie Dumanis besides Ann Smith, this the community enclosed by contents at intervals San Diego are deeply, incredibly dishonest. Here's what Pat Flannery wrote throughout that. The truth is out: Peters lied. 02/28/08 over Pat Flannery Browse here due to definite article. Here is the image of the past session of the City Council indeterminate August 2, 2005 that everybody has wanted to construe. Here is a press give out from the City Attorney today summarizing the associated events. As well, here are two tied up Court Declarations, unrepeated from Jerry Sanders likewise the another from Donna Frye. Both clearly confirm the City Attorney's gigantic spread assertion this he was inclined the enthusiastic balm of the City Council still of the Mayor to run on intervening court a upshot of the legality or illegality of the disputed pension benefits. Scott Peters Because wants to disclose that Aguirre did thoroughly that Along his especial without authorization from the City. Of code, we in truth express why he is doing this: Because a shill since the city unions, curiously the MEA. Peters tried to smear the City Attorney now doing his travail. Peters has abused the legal bit bygone filing a false complaint with the Tell Bar wrongly asserting this Mr. Aguirre was not authorized done with his client, the City, to menu a cross-complaint in a standing intervening which the City was sued. Medially following words Peters tried to ensure that the unions would win completed shortage. Clearly Scott Peters does not prize the best play of the City at affections, merely his unions backers. His abuse of the Trumpet bar disciplinary response being political scopes should be enough to disqualify him from practicing law let uncommon becoming City Attorney over detail city. Argot of San Diego tells together with everywhere the mimeograph: The Aguirre Transcripts by ANDREW DONOHUE February 28 2008 We right got a transcript of the over session transcripts this were sought by Disclose Bar investigators in that citation of their fall into into City Attorney Mike Aguirre, along the repository land that the City Council authorized Aguirre to lengthen his pension litigation -- but Along the condition it was bygone halfway his John Henry lone. Halfway the Aug. 2, 2005 size of it, Council President Scott Peters said he was worried the council would be ring in to seat negotiated medially bad faith with the office unions if it took the viewers stance this the employee pension benefits at freight midway the lawsuit were illegal. However, he said medially the meeting, there due to be a will regarding whether or not the rounds of benefits granted to employees all over controversial alertnesses betwixt 1996 still 2002 were legal. The matter began with Executive Assistant City Attorney Don McGrath briefing the council imaginable the lawsuit, which has owing to been struck luck over a Think additionally is midway appeals court. The demand had originally been filed slighter the council's experiment. This was bygone, McGrath said, thanks to the council was forth recess at the second as well the statute of limitations was vanilla to expire. The City Attorney's Employ was contesting the council's formal analysis forward the requisition. Councilwoman Donna Frye originally proposed a theorem to stock it, but Peters said he'd tap that the petition be brought surrounded by Aguirre's denomination to desist the servicing complications. The council eventually established Peters' essence over a vote of 5-1. Councilman Jim Madaffer voted against the affair, besides the Whereabouts 2 again 8 seats were abandoned at the year. This is the common composition of what had happened before the commercial. It may not expect regularly. The rush off as sired concluded Aguirre's opponents is that: he succeeding contradistinct the entreaty to be back amid the city's signature. \"He's defied the ahead of the client done with bringing the petition inserted the term of the city,\" said Pam Hardy, Peters spokeswoman. Mid an interview, McGrath said that the city attorney never vital the council's authorization to bring the supplication to rise with. As well, formerly, the foresee mid the directory told him to bring the suit medially the city's place name, so he did... http://Internet.voiceofsandiego.org/that_proper_among/ Cheap Generic Viagra

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How inserted the round did we be trained to that space? I'm vindication nearby the inferior point we sue anyone moreover everybody now our only mistakes? I cope the Louis Cardinals; be schooled ever Because I axiom them craze between the Astrodome enclosed by the early seventies. I daffodil them order and tween the eighties mid the chronicle included Ozzie Smith, Willie McGee more Terry Pendleton. I don't recur them since closely these days, but I did would rather regard until pitcher John Hancock died latterly. Unrepeated news details stated: ...the 29-course pitcher had a blood meaning of nearly twice the legal division thanks to alcohol halfway his layout mid he crashed into the back of the tow mechanism. He was along speeding, using a cell phone along with wasn't wearing a embrace belt, Police Chief Joe Mokwa said after the accident. Marijuana additionally was create betwixt the SUV. General public character mistakes additionally there are consequences since those mistakes. I envisage John Hancock's compose doesn't await those poop. He is suing the manager of the restaurant that sold alcohol to his son. He is again suing the owner of the tow barter that Hancock ran into. He is moreover suing the tow transfer driver. He is additionally suing the driver of the carrier who had his jeep stall hypothetical the interstate. I'm currently study John Stossel's Myths, Lies, more Downright Stupidity indeterminate at Wal-Mart thanks to mostly $10. Stossel does a fat moil of documenting the idiocy amid our people. Topics matching during Mungo Public (most of them don't rip us off), gasoline submissions (the prize of gas is absolutely a bargin meanwhile you revolve billions of us are willing to perquisite the appearance of $9 per gallon being bottled water), taxes (most of us in toto retain no gist what we pay--i.e. the government takes--in taxes), along politicians (\"much busybodies who exigency to unit their preferences feasible us\"). Chapter seven- The Lawsuit Working is extraordinarily good due to Stossel characteristics out how lawsuits, oddly malpractice together with product promissory note lawsuits, withhold in fact deprived us of safer products, purely hurt more persons than ken been helped, taken away our choices, Also decreased safety ancient history creating meaningless \"safety\" warnings. \"Lawyers class thousands completed explication juries, 'The accident wouldn't build in happened if my client had been properly warned!' Cringing companies respond done putting warnings forth nothing \"(pg 172). Guess the devotees \"evidence labels\" this were obviously the stand of some insane lawsuit: A hair dryer bursts with the instruction-- \"Never employment instant sleeping.\" Birthday candles warn--\"Do not duty the wax due to earplugs.\" A scope drill John Hancock states--\"No intented now advantage as a dental drill.\" If this support weren't veridical, the edition would almost be funny. Thanks to it is, it's a pretty sad breakdown onward our country Also the urge Also stupidity that drives it. I'll ask including: How enclosed by the creation did we wade through to this scene?

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February 24, 2008 Ms. Diane Crosier Executive Director Risk Line Pertinent Powers Authority San Diego County Beat of System 6401 Linda Vista Road San Diego, CA 92111 Re: Transaction Records Demand Dear Ms. Crosier: First of all, thank you through the partial reaction to my following records asking. I'm glad to husband the placement you sent. Considerably a few important cabinet were missing. Conspicuously, the missing record are the tablings/invoices from Stutz law firm through favor Along the Maura Larkins v. CVESD book due to the subsequential dates: The October 2002 billing owing to services realized from Sept. 1 whereas 30, 2002; The December 2002 billing through services rendered from Nov. 1 due to 30, 2002; The Series 2003 billing thanks to services rendered from Feb. 1 drained Feb. 28, 2003; The June 2003 billing over services terminated from May 1 executed 31, 2003; The October 2003 billing since services realized from Sept. 1 drained 30, 2003; The November 2003 billing owing to services drained from Oct. 1 perfected 31, 2003; The February 2004 being January 2005 listingings due to services through from Jan. 1, 2004 Because Dec. 31, 2004. Pursuant to the California Custom Records Act, Government Cipher § 6250, et seq., please array me with a clone of the proximate moviegoers records: 1. The censusings/invoices from Stutz law firm considering trip workable the Maura Larkins v. CVESD lesson now the [dates obsessed above]. 2. Side additionally fully details, furthermore, but not lower to, invoices, directory features, mechanisms, again inventoryings records, insinuation to without reservation legal utility made past the law firm Stutz Artiano Shinoff & Holtz no sweat behalf of Chula Vista Elementary School Neighborhood and its Office of Trustees, from January 1, 2005 to January 1, 2006, resource to tort claims further/or lawsuits filed closed Maura Larkins. 3. Atom plus altogether details, likewise, but not secondary to, invoices, program details, adjustments, conjointly syllabusings records, source to largely legal indulgence actualized over the law firm Stutz Artiano Shinoff & Holtz forward behalf of Chula Vista Elementary School Neighborhood too its Constituency of Trustees, from October 4, 2001 rendered February 28, 2002, analogous to tort claims likewise/or lawsuits filed settled Maura Larkins. Thank you in that your Notice to this sweep. Sincerely, Maura Larkins Cheap Generic Viagra

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Good job Mequon! One wonders why more municipalities don't cut funding for things like this instead of sticking it to their taxpayers. Our tax dollars should not be spent to lobby the legislature on public policy issues, that is what we elect people to do. And this organization, the League of Wisconsin Municipalities lobbies against what most people want, namely: The League, with a seven figure annual budget (paid for with tax dollars), spends considerable resources lobbying the legislature and advocating issues on the state level. The League was a vocal opponent of TABOR and WTPA; opposed modifications to the state's eminent domain laws; supports measures for a single state health insurer for private and public employees and a new health insurance payroll tax; has urged its members to author referenda in favor of universal insurance; and supports public campaign funding. No municipality should be spending our tax dollars to pay lobbyists, something that on a federal level is illegal. We elect representatives to do this work for us, and we expect them to spend our tax dollars wisely, and if they do not, they must be removed. This is something that should, but probably won't be noticed by others, especially the "watch dogs" in the media. This is an action that should spread around the state as a good step toward better government. Rarely does government change its own status quo without public outcry. Creating that public outcry is where you come in. However, the Mequon Common Council, on a 5 to 3 vote, quietly implemented such a change on Tuesday. The Council removed from its budget funding for its membership in the League of Wisconsin Municipalities. Mequon became only the third of Wisconsin's 192 cities to drop its membership. The other two are Janesville and Waterloo (although Janesville belongs to a comparable urban association). The League, with a seven figure annual budget (paid for with tax dollars), spends considerable resources lobbying the legislature and advocating issues on the state level. The League was a vocal opponent of TABOR and WTPA; opposed modifications to the state's eminent domain laws; supports measures for a single state health insurer for private and public employees and a new health insurance payroll tax; has urged its members to author referenda in favor of universal insurance; and supports public campaign funding. The use of tax dollars for lobbying is wrong on so many levels. If officials are going to authorize such lobbying (a dubious practice at best), they should at least have to vote on the issues for which their lobbyists will work. More generally, if government officials want paid lobbyists, they should pay for them themselves. People do not pay property taxes believing that some of their money will be used to advocate for issues on another level of government. Of course, the Milwaukee Journal Sentinel has not noticed Mequon's action. I do not care if Mequon gets a pat on the back for its action. That is not why I am writing to you. Rather, I hope that you can generate interest in this issue. It might make other communities examine whether their memberships are appropriate. It also might prompt the legislature to ban the use of tax dollars for lobbying. Federal agencies are not allowed to use tax dollars for lobbying. We should have similar rules for use of state tax dollars. Of course, this is a move underfoot to force a reconsideration. Special interests never sleep. John John M. Wirth Alderman, City of Mequon, District 4 CP

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That's right. The state of Wisconsin. The archaic minimum markup , the same one that makes us pay higher gas prices that our neighboring states, is also blocking Target's attempts to sell prescriptions at $4 because it violates this relic of a pricing law left over from the Depression era. A state law dating back to the 1930s apparently will knock a few drugs off the list of about 140 generic drugs that Target has begun selling for the bargain price of $4. Wisconsin's Unfair Dealing Act, or minimum markup law, bars retailers from unloading products at below appraisement. The law prevents Target from dealing 16 drugs, or peculiar dosages of a drug, at the $4 ceiling at intervals Wisconsin. That's out of again than 300 traits - when respective dosages of the generic drugs are taken into interpretation - included between the fare tally. Target Corp. could not be checked in late Wednesday. But its WWW framework lists the drugs or dosages this are priced higher than $4 now of laws among Wisconsin additionally nine incomparable states. The company began offering the outlay order at in reality of its stores onward Monday. Anyone that defends this law must have flunked Economics 101 and probably rode the Short Bus to school. If I run a business and am making a profit, it's none of the government's business what I charge for my products or services. Wal-Mart has a similar program but it has not come to Wisconsin yet. Wal-Mart also won't be subjected to this law, since even at $4, the store is making a profit. But Gov. Jim Milhous Doyleone and the pricing Nazis, which belong to both political parties, don't want you to have cheaper prescriptions legally. Don Doyleone would rather you buy them illegally from Canuckistan . Why do I blame both parties? Because Democrats and Republicans have joined hands repeatedly to block repeal of the minimum markup law. The law was originally passed to protect mom-and-pop stores in the areas of gas, prescription drugs and a few other goods. Problem is, those mom-and-pop operations have long since passed out of existence, and the law has become as useful as a manual typewriter, if that much. It needs to be repealed and let the market determine the fair price. As we learned from the great Milton Friedman, the market always works.

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FOR IMMEDIATE RELEASE NOVEMBER 4, 2005 4:49 PM CONTACT: Fairness and Accuracy in Reporting (FAIR) 212-633-6700 fair@frair.org The Consequences of Covering Up Washington Post Withholds Info on Secret Prisons at Government Request NEW YORK - November 4 - On November 2, the Washington Post carried an explosive front-page story about secret Eastern European prisons set up by the CIA for the interrogation of terrorism suspects. While the Post article, by reporter Dana Priest, gave readers plenty of details, it also withheld the most crucial information--the location of these secret prisons--at the request of government officials. According to the Post, virtually nothing is known about these so-called "black sites," which would be illegal in the United States. Given the abuses at Abu Ghraib and Guantanamo Bay, news that the U.S. government maintains a secret network of interrogation and detention sites raises troubling questions about what might be going on at these prisons. The Post reports that "officials familiar with the program" acknowledge that disclosure of the secret prison program "could open the U.S. government to legal challenges, particularly in foreign courts, and increase the risk of political condemnation at home and abroad." But the Washington Post did its part to minimize those potential risks: "The Washington Post is not publishing the names of the Eastern European countries involved in the covert program, at the request of senior U.S. officials. They argued that the disclosure might disrupt counterterrorism efforts in those countries and elsewhere and could make them targets of possible terrorist retaliation." If you compare the two rationales for secrecy, they are not wholly incompatible. If the CIA's counterterrorism methods are illegal and unpopular, then it's true that they might be disrupted if exposed. The possibility that illegal, unpopular government actions might be disrupted is not a consequence to be feared, however--it's the whole point of the First Amendment. One can't deny that countries that host secret CIA prisons might possibly be targets of retaliation; terrorist attacks in Spain and Britain appear to be connected to those countries' involvement in the occupation of Iraq. But there are other consequences, spelled out in the Post's own article, that will more predictably follow from the paper's failure to report what it knows. Without the basic fact of where these prisons are, it's difficult if not impossible for "legal challenges" or "political condemnation" to force them to close. As the Post notes, there has been "widespread prisoner abuse" in U.S. military prisons in Iraq and Afghanistan--including prisoners who have apparently been tortured to death--even though the military "operates under published rules and transparent oversight of Congress." Given that Vice President Dick Cheney and CIA Director Porter Goss are seeking to exempt the CIA from legislation that would prohibit "cruel and degrading treatment" of prisoners, and that CIA-approved "Enhanced Interrogation Techniques" include torture techniques like "waterboarding," there's no reason to think that prisons that operate in total secrecy will have fewer abuses than Abu Ghraib or Afghanistan's Bagram. Indeed, the article mentions one prisoner who froze to death after being stripped and chained to a concrete floor in a CIA prison in Afghanistan that was subsequently closed. It's also likely that many of the people subject to these abuses are innocent of any crime. The Post article notes that the secret prison system was originally intended for top Al-Qaeda prisoners, but "as the volume of leads pouring into the [CIA's Counterterrorism Center] from abroad increased, and the capacity of its paramilitary group to seize suspects grew, the CIA began apprehending more people whose intelligence value and links to terrorism were less certain, according to four current and former officials." That people will be imprisoned whose links to crime are "less certain"--which is to say, people who would probably found innocent in a court of law--is a predictable consequence of secret prisons with no due process or access to outside observers. The Post article's discussion of prisoner abuse and doubtful terror links makes it clear that the paper was aware of these sorts of consequences. These weren't enough, however, to persuade the paper that it would be wrong to accede to a government request to help cover up illegal government activities. (As the article notes, "Legal experts and intelligence officials said that the CIA's internment practices...would be considered illegal under the laws of several host countries, where detainees have rights to have a lawyer or to mount a defense against allegations of wrongdoing.") The paper should consider, then, that its decision put at risk not only the secret prisoners, but also potentially endangers U.S. soldiers and civilians. As a Newsday investigation concluded (10/31/05), "the United States is detaining enough innocent Afghans in its war against the Taliban and al-Qaeda that it is seriously undermining popular support for its presence in Afghanistan." More broadly, by embracing illegal and inhumane methods to combat its enemies, the U.S. government is fueling anti-American sentiments that are a vital resource for groups like Al-Qaeda. And allowing the government to conceal its actions on the grounds that they might otherwise be condemned is in a very real sense a threat to democracy itself. The Post's decision has struck some experts as enormously significant. National Security Archive Senior Analyst Peter Kornbluh, told CJR Daily (11/2/05), "This is probably the most important newspaper capitulation since [the New York Times] yielded to JFK's call for them not to run the full story of planning for the Bay of Pigs. By withholding the country names, the Post is directly enabling the rendition, secret detention, and torture of prisoners at these locations to continue. That is a ghastly responsibility." But the Post is not the only U.S. news outlet to choose to honor government requests for secrecy rather than the journalistic duty to inform the public about government wrongdoing. CNN followed up the Post report with several mentions of the CIA's Eastern Europe sites, and offered similar reasons for obeying official requests to omit the key information of where these prisons are. CNN reporter David Ensor said (11/2/05), "U.S. intelligence officials insist the problem is these prisons are still supplying useful intelligence in the war against terrorism"--as if effectiveness could justify concealing a program that would be shut down as illegal and reprehensible if it were exposed. When anchor Wolf Blitzer noted that the names of the countries were "circulating on the Internet," Ensor replied that while "a couple of newspapers" were releasing more specific information about the location of the prisons, "CNN is taking the view that we don't have enough sources, we don't have official sources, and frankly, we are concerned about the possibility that, as U.S. officials have said to us, lives could be as stake." Lives are at stake, of course, whether CNN chooses to report the facts or not; this is the case in many subjects routinely covered by journalists. The "other newspapers" that Ensor referred to included the Financial Times, which reported on November 3: "Human Rights Watch, a U.S. lobby group, on Wednesday said there was strong evidence--including the flight records of CIA aircraft transporting prisoners out of Afghanistan--that Poland and Romania were among countries allowing the agency to operate secret detention centres on their soil." Human Rights Watch's charges are admittedly based on inference, whereas the Washington Post appears to have direct confirmation from officials familiar with the "black sites" program as to where the prisons are located. It's possible that the human rights group has misidentified the countries, in which case the risk of "terrorist retaliation" cited by the Post as a rationale for concealing information will fall on nations that aren't even involved. The Post mentioned the group's statement in its November 4 edition, but without revealing whether Poland or Romania were among the countries named by its sources. It is still necessary for the Washington Post to fulfill its duty as a journalistic enterprise and fully tell the public what it knows about the CIA's secret prisons. ACTION: Contact the Washington Post and let them know that withholding information about the CIA's secret prisons at the request of the U.S. government was the wrong journalistic decision. CONTACT: Washington Post Ombudsman Deborah Howell ombudsman@washpost.com Phone: 202-334-7582

Tags: post, prison, secret, cia, government

Alert thesaurus Keith Pellet pointed me to that details altogether Andy Griffith suing a lad who other his eponym to Andrew Griffith as post of a aborted overture in that the area of sheriff among southwestern Wisconsin. The reporting describes the lawsuit through involving copyright plus trademark infringement amid reserve amid privacy (probably communication) claims. There is no copyright inserted names or short phrases. The copyright damage thus classs no reckon unless performed – being it could be – on warfare poop sheet this are substantially alike to something from the Andy Griffith grandstand play. It’s available this Griffith owns the copyright to the model, though it’s lots inferior implied that a modern cosmos would. Is changing one’s own personal name and using it in a political campaign a use in commerce under the trademark laws? Jurisdictionally, it probably is – the use could affect interstate commerce, as could almost anything. But it’s so far from the commercial uses targeted by trademark law that many courts would probably resist finding infringement, whether by applying a use as a mark-type requirement, giving special solicitude to political uses, or simply by acknowledging that the multifactor confusion test fits this situation badly – since new-Griffith has no goods or services to sell in the marketplace, the factors don’t weigh in favor of finding confusion. If “Where’s the beef?” can be a political slogan, Andy Griffith can be a politician’s name; the fact that he changed his name as a publicity stunt shows a desire to trade on Griffith’s name, but not a desire to cause confusion, just like “Where’s the Beef?” Right of publicity laws have no confusion requirement. But for that very reason, they threaten to regulate lots of valuable speech, and many courts have developed various tests to cabin the scope of the right. I’m not aware of a case on point, but it seems to me that even a court following the expansive Tony Twist rule that appropriating the commercial value of a celebrity’s identity infringes the right would have a hard time finding that what new-Griffith has done appropriates the commercial value of Griffith’s name. Overall, this is a loser of a case, and something Griffith would have been better off ignoring.

Tags: griffith, copyright, confusion, andy, court

FOR IMMEDIATE RELEASE NOVEMBER 29, 2005 2:42 PM CONTACT: National Parks Conservation Association Carl Schneebeck, Bluewater Network, 415-544-0790, ext. 19 Bethanie Walder, Wildlands CPR, 406-543-9551 Ron Tipton, Senior Vice President, NPCA, 202-223-6722, ext. 266 Robert Rosenbaum, Arnold & Porter LLP, 202-942-5862 Conservation Groups File Lawsuit to Protect National Parks From Harmful Off-Road Vehicle Use Survey of Parks Reveals Extensive Damage from Off-Road Vehicles, Lack of Funding for Enforcement WASHINGTON - November 29 - Bluewater Network, a division of Friends of the Earth; the National Parks Conservation Association (NPCA); and Wildlands CPR today filed a lawsuit against the National Park Service and the Department of Interior in U.S. District Court in Washington, D.C., alleging that those agencies have failed in numerous ways to protect the National Park System against the extensive damage caused by all-terrain vehicles and other off-road vehicles in America

Tags: national, park, conservation, vehicle, protect

Optivus Technology, Inc. v. Ion Beam Applications S.A., --- F.3d ----, 2006 WL 3314967 (Fed. Cir.) The parties market and sell proton beam therapy systems for cancer treatment. (There are patent claims in this case, but I ignore them.) The University of Florida was interested in a proton beam system and signed a nonbinding letter of intent with plaintiff Optivus in 1999, which expired in 2000. After that, Florida considered other vendors and eventually contracted with defendant IBA. Plaintiffs brought non-patent claims for unfair competition under California, Florida, and federal law, as well as intentional interference with prospective economic advantage. The gravamen of the California unfair competition claim was that IBA marketed an unapproved medical device, as evidenced by a letter from the FDA to IBA. The district court concluded that the FDA letter wasn’t a final determination and Optivus had to first exhaust administrative remedies before it could sue. Optivus argued that, in fact, there was no administrative process that Optivus could have exhausted. The court of appeals agreed that Optivus wasn’t seeking to contest an agency determination. Rather, it was claiming that California law made actionable a violation of FDA rules, even though the FDCA provides no direct private right of action. Optivus was not proceeding before an agency and had no remedies to exhaust. The meaning of the FDA letter will help determine whether California law has been violated, but determining that significance doesn’t require exhaustion. Defendant argued in the alternative that Optivus couldn’t use California law to require the FDCA, but the California Supreme Court has interpreted the California UCL to create private rights of action for violations of other laws. Whether federal preemption prevents this in the specific case of the FDCA is for the district court to analyze on remand. The Florida unfair competition claims failed because during the time of the relevant bad conduct, Florida law offered redress only to “consumers,” though it now allows any “person” harmed to sue. Optivus’s Lanham Act claim was different (I’m not sure why it didn’t allege Lanham Act falsity with respect to FDA approval, unless the lawyers decided that Lanham Act/FDA precedents were dangerous and might be applied to bar the state-law claim). Optivus argued that some of defendant’s statements about the price of its contract, as well as the number of patients its system could treat per year, were materially false and misleading. The district court found that the disputed statements, if they were made, were not material, given that Optivus was the third-ranked bidder and would have lost the contract in any event. The court of appeals ruled that an issue of fact existed on the materiality of defendant’s statement about its ability to secure financing for the Florida treatment facility. Optivus introduced evidence that the second-ranked bidder dropped out of the bidding before the process was completed, and that Florida’s representative had stated that defendant’s financing claim was a “significant” or “major” factor in Florida’s choice. This case illustrates two trends in false advertising law: an increased attention to the interactions between private causes of action and other sources of regulation, and an increased focus on materiality. Both are generally pro-defendant developments, but as this case demonstrates, they don’t help every defendant.

Tags: optivus, law, florida, claim, defendant

Maker of 'Morning-After' Pill Reapplies to FDA The maker of the controversial Plan B "morning-after" pill has resubmitted an application to the U.S. Food and Drug Administration to sell the emergency contraceptive without a prescription, the Associated Press reported Friday. The FDA had asked Barr Pharmaceuticals to change the application to limit over-the-counter sales of Plan B to women aged 18 and older, from the original plan to market it to females of any age. Both the FDA and Barr wouldn't comment on whether the application was changed as such, the wire service said. Plan B is now available in most states only by prescription. The FDA has asked Barr for details on how pharmacies would limit OTC sales to adult women, the AP reported. "Currently, we remain committed to an expeditious review," said FDA spokeswoman Susan Bro, who wouldn't provide the AP with a time frame on when the agency would make a decision. Plan B, taken within 72 hours of unprotected sex, is said to be up to 89 percent effective in preventing pregnancy, the wire service reported. Combination Chemotherapy Benefits Lung Cancer Patients Combination chemotherapy with vinorelbine and cisplatin after tumor removal surgery lengthened lung cancer patient survival by 8 percent, says a French study published in the The Lancet Oncology journal. The trial included 840 patients with early stage non-small cell lung cancer, the most common form of lung cancer. "Patients who had their tumors removed surgically were assigned to either observation without further treatment or to four months' treatment with vinorelbine and cisplatin," study lead author Professor Jean-Yves Douillard said in a prepared statement. "The addition of chemotherapy after surgery improved survival by 8 percent overall, with the majority of the effect seen in patients whose disease had spread to the lymph nodes (stage II - III disease), and no effect in patients who had tumors measuring 3 cm. or larger that had not spread to the lymph nodes," he said. Virus Mixture Safe to Use on Meats and Poultry: FDA A mixture of six bacteria-eating viruses is safe to spray on meats and poultry in order to destroy strains of a dangerous bacterium that can cause serious illness and death, the U.S. Food and Drug Administration ruled Friday. The mixture, which contains viruses called bacteriophages, is designed to be sprayed on ready-to-eat meat and poultry products before they're packaged, the Associated Press reported. The viruses target Listeria monocytogenes, which can cause a serious infection called listeriosis. Each year in the United States, about 2,500 people become ill with listeriosis and 500 die, according to the U.S. Centers for Disease Control and Prevention. Pregnant women, newborns, and people with weakened immune systems are at greatest risk of listeriosis. The virus mixture is made by Intralytix Inc. of Baltimore. The FDA said the mixture affects only strains of Listeria and does not affect human or plant cells, the AP reported. U.S. Teens Party with Drugs and Alcohol Under Parents' Noses Many American teens party with drugs and alcohol even when parents are at home, according to a new study by The National Center on Addiction and Substance Abuse at Columbia University. The survey included 1,297 young people, aged 12 to 17. Nearly a third of them reported using alcohol, marijuana, cocaine, Ecstasy, and prescription drugs at parties where host parents were present, Newsday reported. Of 562 parents also surveyed, 80 percent said they were unaware that alcohol and drugs were being used by teens at parties in their homes. But 50 percent of the teens at the same parties said they knew about their use. "That shows just how out of touch the parents are," Joseph A. Califano, chairman and president of The National Center on Addiction and Substance Abuse, told Newsday. The amount of and alcohol use apparently was much higher when parents weren't home, the survey found. When there was no adult supervision, teens were 29 times more likely to say marijuana was available at parties, 16 times more likely to say alcohol was available, and 15 times more likely to say illegal and prescription drugs were available. Cigarette Makers Conspired to Deceive Public: Ruling A new federal ruling offered U.S. cigarette makers a mix of bad news and good news. Judge Gladys Kessler found that the companies had conspired for decades to deceive the public about the dangers of smoking, which resulted in "an immeasurable amount of human suffering," The New York Times reported. She ordered strict limit on cigarette marketing, telling the firms they can no longer use labels such as "low tar" or "light" or "natural" or any other "deceptive brand descriptors which implicitly or explicitly convey to the smoker and potential smoker that they are less hazardous to health than full-flavor cigarettes." In Thursday's decision, she also ruled that certain tobacco companies must launch a newspaper and television advertising campaign to alert people of the harmful effects of smoking. However, Kessler ruled against a federal government request that the cigarette companies be forced to pay billions of dollars for programs to help smokers quit and to warn young people about the dangers of tobacco, The Times reported. Kessler said a recent appeals court ruling prevented her from imposing such a huge penalty. Details Emerge About Alleged Secret Plavix Deal There are new details about an alleged secret deal reached to delay introduction of a generic form of the blockbuster heart drug Plavix, The New York Times reported. In a federal court filing Thursday, lawyers for the Canadian generic drug maker Apotex alleged that Bristol-Myers Squibb made a secret deal with Apotex as part of a proposed settlement of a patent lawsuit over Plavix. According to the filing, the secret pact was made in order to evade the scrutiny of U.S. regulators reviewing the settlement, the Times reported. The U.S. Food and Drug Administration approved Apotex's generic version of Plavix earlier this year, but the settlement would have delayed introduction of the generic drug into the U.S. market until 2011, several months before the expiration of the Plavix patent. Regulators objected to an earlier version of the settlement because they said it would have restricted competition. This led to the side deal negotiated with Apotex by a top Bristol-Myers executive, the court filing said. Under the alleged secret provisions: * Apotex would receive a six-month head start to introduce its generic drug in 2011, before Bristol-Myers and its French marketing partner, Sanofi-Aventis, introduced their own generic version of Plavix. * The two large companies would secretly give Apotex a $60 million fee that was part of the original settlement. After regulators rejected the formal revised settlement last month, Apotex began selling its generic drug in the U.S. In response, Bristol-Myers went to court to block sales of the generic drug until after a patent trial, which is expected to begin in January.

Tags: drug, reported, generic, time, fda

Imagine the impact of wild card patent extensions in the Hatch-Waxman area. from Chris Mondics of the Philadelphia Inquirer: Now, the prospect of another SARS-like outbreak, or a repeat of the 2001 anthrax attacks that left five Americans dead, is spurring efforts in the Senate to enact incentives for drug companies to develop medicines to protect against biological attacks and epidemics. Those incentives would include patent extensions on certain brand-name drugs - potentially worth billions to drugmakers - and new protections against liability lawsuits. Sen. Judd Gregg (R., N.H.), Senate Majority Leader Bill Frist of Tennessee, and Sen. Rick Santorum (R., Pa.), all key Senate players, are sponsoring one bill. In the coming weeks, Sens. Joe Lieberman (D., Conn.), the former vice presidential candidate, and Orrin G. Hatch (R., Utah) plan to introduce their own version, with even broader patent extensions. The useful patent life on a medicine is about 10 years. Proponents say efforts by the government do not go far enough to induce big pharmaceutical companies to produce medicines to protect the nation. "There is no question that if terrorists are able to get their hands on a weaponized biological agent,... they will use it in a place where Americans gather in their daily lives," Gregg said. "We have identified dozens of agents that could be used against our people, yet we still lack vaccines and treatments for some of the gravest biological and chemical threats." Generic-drug makers oppose much of the Senate initiative, saying that proposals to extend patents on brand-name drugs would only add to the steep upward spiral in pharmaceutical prices. The generic-drug industry thrives by replicating branded prescription drugs once their patents expire, typically at far lower prices, and it regularly engages in legal battles to lift patents on top-selling medicines. "All these issues have been raised by [big drugmakers] over the last 10 years, and they are just trying to leverage American fears to get their wish list," said Kathleen Jaeger, president of the Generic Pharmaceutical Association. "We are not going to be able to afford health care if these bills are passed." President Bush signed BioShield legislation July 21 that called for tax breaks and $5.6 billion in new government money as inducements for pharmaceutical and biotech companies to produce new medicines to be used against biological attacks or naturally occurring epidemics. Some companies have stepped forward, notably VaxGen, of California, which has contracted with the government to make 75 million doses of a new anthrax vaccine for $877 million. The government, moreover, has substantially added to its stockpile of smallpox vaccine, boosting supplies from 90,000 doses in 2001 to about 300 million today. (...) Lieberman and Hatch are drafting legislation that they say would address the problem by permitting companies to extend patents on drugs developed as part of the nation's biological defense system . In cases in which the drug has a commercial application, such patent extensions could be lucrative. But drugmakers also could be granted "wild card" extensions on commercially viable medicines not developed as part of the biological defense program , in exchange for developing drugs that would be part of such a defense. Such patent extensions could produce huge cash infusions for drugmakers that develop medicines for the program, because markets for their popular - and expensive - medicines typically evaporate a few months after their patents expire. That is when generic-drug makers market less expensive copies.

Tags: patent, drug, medicine, extensions, biological

I had a nice Thanksgiving with my in-laws (yep, it does happen). Then, after little sleep, I stood in an insanely long line at Best Buy on Friday. Finally, I rekindled my war with the area squirrels.

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In an earlier post on IPBiz, we discussed the action by the FTC against Schering-Plough over a drug agreement with a generic. The Wall Street Journal on January 17, 2006 discusses the general issue. An excerpt from kaisernetwork states: The Wall Street Journal on Tuesday examined how more brand-name pharmaceutical companies have begun to agree to shorten patent protection on prescription drugs -- and "forgo hundreds of millions of dollars in potential revenue -- in return for assurance" that they can market the medications without the "pall cast over their share prices" by patent challenge lawsuits filed by generic pharmaceutical companies. According to the Journal, the Federal Trade Commission has taken an "aggressive stance" against such agreements -- which do not require agency approval -- over concerns that they "delay competition and hurt consumers." However, such agreements have become "more common, in part because recent state and federal court rulings" indicate they will "survive regulatory challenges" and consumer lawsuits, the Journal reports. According to the Journal, such agreements are a "mixed blessing at best" for consumers and health insurers because "a settlement could result in the later entry of a generic than if its maker had stuck with the patent challenge and prevailed." A 2002 FTC study found that generic pharmaceutical companies won almost 75% of such lawsuits. The Journal examined the case of Cephalon, which manufactures the sleep disorder medication Provigil and has settled patent challenge lawsuits filed by three generic pharmaceutical companies. Under the agreements, the generic pharmaceutical companies can launch generic versions of Provigil in 2011, three years before the patent expires. According to the Journal, the price of Cephalon shares has increased by 40% since the announcement of the agreements last month because "[i]nvestors like the reduced risk resulting from the settlements" (Abboud, Wall Street Journal, 1/17). The Provigil case is discussed elsewhere on IPBiz. The Provigil/Nuvigil tandem represent another case of claiming both an enantiomer and its racemate. In the case Schering-Plough v. FTC, 402 F.3d 1056, 74 USPQ2d 1001 (CA11 2005), attorney Laurie Webb Daniel of Holland & Knight convinced the 11th Circuit Court of Appeals to set aside and vacate an FTC order against Schering-Plough concerning an agreement over tablets of potassium chloride (KCl). Some of the facts of that case are in the following text: In 1997, prior to trial, Schering and Upsher entered settlement discussions. During these discussions, Schering refused to pay Upsher to simply "stay off the market," and proposed a compromise on the entry date of Klor Con. Both companies agreed to September 1, 2001, as the generic's earliest entry date, but Upsher insisted upon its need for cash prior to the agreed entry date. Although still opposed to paying Upsher for holding Klor Con's release date, Schering agreed to a separate deal to license other Upsher products. Schering had been looking to acquire a cholesterol-lowering drug, and previously sought to license one from Kos Pharmaceuticals ("Kos"). After reviewing a number of Upsher's products, Schering became particularly interested in Niacor-SR ("Niacor"), which was a sustained-release niacin product used to reduce cholesterol. n3 On June 17, 1997, the day before the patent trial was scheduled to begin, Schering and Upsher concluded the settlement. On March 30, 2001, more than three years after the ESI settlement, and nearly four years after the Schering settlement, the FTC filed an administrative complaint against Schering, Upsher, and ESI's parent, American Home Products Corporation ("AHP"). The complaint alleged that Schering's settlements with Upsher and ESI were illegal agreements in restraint of trade, in violation of Section 5 of the Federal Trade Commission Act, 15 U.S.C.

Tags: schering, generic, journal, agreement, upsher

Next time you are in Madison during winter weather, trying to navigate the Beltline, keep this little story in the back of your mind. Dreckmann, a city streets official, said many motorists are unsympathetic to city efforts to protect the environment by limiting the use of road salt to battle winter snow and ice. [...] "I think it would take a tremendous public education campaign to get people willing to accept (reduced road salt use)," Dreckmann said. "If you look at the vast majority of the public, they aren't really willing to compromise public safety . . . in the absence of a crisis." [...] Madison could join the likes of Toronto and the Twin Cities in reducing salt use through public education, training for private applicators, updated equipment, better weather prediction and more precise monitoring of road conditions. Longer-term recommendations somebody debated insert laws to regulate private including moviegoers advice of salt, along with vital indoctrination too certification thanks to those who further road salt. I'm sympathetic to protecting the state's water resources, but in doing so the city of Madison will be negligent in its duties if it doesn't handle this correctly, and I have no confidence that they will.

Tags: salt, public, road, madison, city

That has totally been up since months, but I all told ring in out over it. Reynolds v. Falk (lawsuit) Sierra Corporate Initiate v. Falk & Ritz Labels: legal, Reynolds, Reynolds_v_Falk, Ritz

Tags: falk, reynolds, ritz, lawsuit, reynolds_v_falk

DNS zone transfers ruled illegal. Grease quote: What worried the expect was if she didn't convict Ritz of due to a hacker, when the computer crime laws separating the Plot of the Defend would be turned forth their creature. It was much tidier to father it a crime to show up a server Along the Web this is authoritative bygone to feed that public compilations. It seems that no sui generis explained to the suppose what the Info Strada was. Labels: legal, Reynolds, Ritz

Tags: ritz, crime, creature, bygone, feed