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Chicago Ridge, IL, United States

Fogel L.E.,Jenner and Block LLP | Ray C.J.,Jenner and Block LLP
Expert Opinion on Therapeutic Patents

In the upcoming case of Teva Pharmaceuticals v. Sandoz, the U.S. Supreme Court will address how much deference the appellate court should afford to a trial court's claim construction ruling. The effect of this decision will be far-reaching, as how claims are construed can determine whether a patent is infringed or not infringed, valid or invalid. © 2015 Informa UK, Ltd. Source

Claims-made insurance policies often contain provisions regarding the treatment of the same, related, or interrelated acts or claims. Such language may affect the number of policy limits and retentions available as well as the timing of when multiple claims are deemed made. This article examines sample policy language as to the same, related, or interrelated acts or claims provisions as well as the disparate case law interpreting such provisions. The result is several principles to guide policyholders in the application of such language and to counter insurers' efforts to unreasonably use such language to limit or deny coverage. © Taylor & Francis Group, LLC. Source

Jerold O.,Jenner and Block LLP | Briggs C.J.,Jenner and Block LLP
Environmental Claims Journal

In the modern era, either the insurer or the policyholder seeks to introduce or limit the use of extrinsic evidence to resolve the duty to defend. This article examines the competing interests of the insurer and the policyholder where the use of extrinsic evidence is advanced to prove or disprove the duty to defend and how different state laws and courts treat the issue of contested coverage. © Taylor & Francis Group, LLC. Source

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