CNN.COM reports that the FDA has requested that Pfizer pull ads for VIAGRA, on the grounds that the lines such as “Remember the guy who used to be called ‘wild thing’?  Well, he’s back” make the unsubstantiated claim that VIAGRA restores previous levels of sexual desire (as opposed to the substantiated claim that it treats erectile dysfunction).  The ad also neglects to mention side-effects.

New York Times: The FDA is expected today to approve the use of radio-frequeny identification devices (RFIDs) to help fight counterfeits in the prescription drug pipeline. At the cost of 20 to 50 cents per unit, the devices will probably not yet appear on individual unit packaging yet, but that will likely change as the cost drops.  Walmart is mandating use of RFIDs by its suppliers at the palette level.

OK, explain this to me.  I see the large patent firms disappearing one by one.  As far as I can tell, the Pennies, Fishes, Kenyons and Darbys of the world have been competently handling the largest, most complex patent litigations, since forever.  So when they merge into a larger firm it is not as if a small boutique suddenly had access to new resources and could now do work that they couldn’t before.  It seems to me that all that happens is that the largest IP litigation becomes more expensive.  I understand why the partners in these firms want to make more money, I don’t understand why clients accept this. 

If my underlying assumptions or analysis are completely wrong, write and clue me in.

Matthew Homann’s The (Non) Billable Hour askd me to contribute 5 important isues and developments in trademark law, to his 5 X 5 feature.  Four other IP practitioners chipped in with where they see patent and trademark law headed.  In short, I saw more use of ADR, more use of XML, and more Initial Interest Confusion (I couldnt’ think of 5 issues).  My entry here.

Ropes and Gray has announced it will acquire intellectual property pioneer Fish and Neave.  The combined firm will have 740 lawyers.  FN will become known as the Fish and Neave Intellectual Property Group of Ropes and Gray, and will probably therefore get to keep using the Wright Brothers plane as part of its logo.

If you are interested that your legal fees for your trademark litigation, prosecution and counseling work not go to pay for law firm merger consultants, early retirement plans and moving vans, please consider our firm.

UPDATE: This quote from the NY Lawyer on the merger:

Aside from their greater access to general counsel and other high-ranking in-house lawyers, general practice firms usually have higher profits, enabling them to more handsomely compensate star IP partners.

 

Right now if some of you were to email me you would get a bounceback message that would say ‘The recipient name is not recognized.’   At least one client called me, worried.

The statement might be technically true but misleading, in that all of the email provider’s recipients’ names are not being recognized, due to weekend maintenance that appears to be lasting through Monday.  A more accurate bounceback statement might be:

“Your email is not going through because of something we, the email provider, did.”

You never see that in a bounceback message.