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CBLH Wins Key Proceeding In New York Federal Court for pfizer Inc’s Exubera
The sales and distribution of Exubera®, a groundbreaking system for administering insulin by inhalation to patients suffering from Diabetes, will continue according to Pfizer Inc’s original plan. Today, the United States District Court for the Southern District of New York rejected a hotly-contested request by Novo Nordisk A/S to preliminarily enjoin Pfizer’s launch of Exubera®. Connolly Bove Lodge & Hutz’s successful defense included an argument that Exubera® operates by traditional breathing, something that cannot be patented. This special drug delivery system, the first of its kind ever approved by the FDA, provides an alternative method of administering insulin, an important feature to over twenty million people that have the disease.

Connolly Bove attorneys, Rudolf E. Hutz and R. Eric Hutz, both partners in the Firm’s Intellectual Property Group, represented Pfizer in this matter. This is the second critical patent success that Connolly Bove has provided to Pfizer in the past year. Earlier this year, the Firm sustained Pfizer’s rights to the basic patent covering Lipitor®, the largest selling drug in the world. The Exubera® case will now return to the Court for further proceedings.

12-20-2006

Connolly Bove Boasts Recent Victory At The United States Court Of Appeals For The Federal Circuit
In Honeywell International, Inc. v. ITT Industries, Inc., Honeywell International Inc. and Honeywell Intellectual Properties Inc. sued Toyoda Gosei North America Corporation, TG Fluid Systems USA Corporation, and A. Raymond, Inc., as well as ITT Industries, Inc. and ITT Automotive, Inc., for allegedly infringing reexamined U.S. Patent No. 5,164,879 (“the ‘879 patent”), by selling fuel system components, including fuel line connectors (“quick connects”). The ‘879 patent is owned by Honeywell Intellectual Properties.

On June 22, 2006, the United States Court of Appeals for the Federal Circuit affirmed a summary judgment of non-infringement previously entered by the United States District Court for the Eastern District of Michigan. The Court of Appeals agreed with the District Court’s ruling that the claim term “fuel injection system component” is limited to a fuel filter, based on the ‘879 patent specification’s description of the invention as a fuel filter, and agreed that the claim does not cover the defendants’ products. The Federal Circuit reversed the District Court’s interpretation of the claim term “electrically conductive fibers,” and agreed with the defendants that this limitation also is not infringed by the defendants’ products.

Honeywell Intellectual Properties’ efforts to license the ‘879 patent are noteworthy because this patent is limited to electrically conductive fuel filters made with conductive metal fibers, but Honeywell has asserted it more broadly against quick connects made with carbon filler. The defendants rejected Honeywell’s overbroad interpretation of the ‘879 patent and obtained a summary judgment of non-infringement.

Toyoda Gosei North America Corporation, TG Fluid Systems USA Corporation, and A. Raymond are represented by Connolly Bove Lodge & Hutz LLP attorneys Stephen L. Sulzer and James P. Calve. The case will return to the District Court on TG’s and Raymond’s counterclaim seeking recovery of their attorneys’ fees and expenses incurred in defending themselves against Honeywell’s infringement allegations.

12-20-2006

Partner John D. Cromie Featured in New Jersey Business Magazine
In the October 2006 issue of New Jersey Business Magazine, partner John D. Cromie provides commentary regarding small business in New Jersey. In “Attorneys, Accountant and Bankers: Trusted Advisors for Small Businesses,” Cromie discusses the relationship between small business and their bankers, accountants and attorneys.

“The lawyer, the accountant and the banker, in many respects, serve as real partners with the entity, trying to understand the business, its specific needs, how it fits into the marketplace and how its needs can be efficiently addressed.”

On the law front, Cromie says that in an age of legal specialization, small companies nonetheless need well-rounded, problem solving attorneys who have a broad legal knowledge base, with specialized attorneys used as needed.

12-20-2006

Sensenbrenner Named Chairman of LSU Health Sciences Center Foundation
E. Paige Sensenbrenner, a partner in the New Orleans office of Adams and Reese LLP, has been named chairman of the Board of Directors of the Louisiana State University Health Sciences Center Foundation. Founded in 1988 to support and promote the charitable, scientific, and educational mission of the LSU Health and Science Center, the Foundation is a private, institutionally related entity formed to solicit donations, receive and manage funds including endowments for the benefit of the LSUHSC.

Sensenbrenner’s law practice focuses on medical malpractice defense, pharmaceutical products defense, complex mass-tort litigation, governmental relations and general legal advisory work for health care entities. He is a frequent lecturer on legal issues at various medical and health care seminars. Prior to joining Adams and Reese, Sensenbrenner was employed as a registered nurse primarily practicing in the area of critical care.

Sensenbrenner earned his Juris Doctor degree in 1987 from Loyola University Law School in New Orleans. He obtained his Registered Nurse degree from the Charity Hospital School of Nursing in 1978 and his Bachelor of Science in Nursing from Loyola in 1983. He is a member of the New Orleans Bar Association, the Louisiana State Bar Association, the American Bar Association, the Federal Bar Association and the Defense Research Institute.

Prior to his chairmanship, Sensenbrenner served on the Louisiana State University Health Sciences Center Foundation Board of Directors for several years. His additional board experience includes membership on the New Orleans Alcoholic Beverage Control Board (1987-1992) and the Children's Hospital Institutional Review Board (1988-1997). He became a fellow of the Loyola Institute of Politics in 1989.

12-19-2006

DAVIS & GILBERT CONTINUES SPONSORSHIP OF ANA'S ADVERTISING LAW AND BUSINESS AFFAIRS CONFERENCE
Davis & Gilbert LLP announced today that it has has renewed its sponsorship of the ANA's Advertising Law & Business Affairs Conference. The ANA conference in New York City on January 17-18, 2007, will address a host of topics the firm considers critical to its extensive advertiser and advertising agency client base. "Businesses need to clearly understand the state of the law relating to advertising and marketing and adopt policies and practices to ensure compliance. We are very pleased to have the opportunity to continue our support of the ANA program." said Ronald R. Urbach, co-chair of Davis & Gilbert's Advertising, Marketing & Promotions Department. "And I am especially pleased to team with Carla Michelotti of Leo Burnett Worldwide in a discussion of the complexities surrounding the advertiser/advertising agency relationship," added Urbach.

Among the topics ANA panelists will address are legislative developments, children's advertising, intellectual property, the advertiser/advertising agency relationship, reality TV, puffery and ambush marketing. The speaker roster includes Daniel L. Jaffe, Executive Vice President, Government Affairs, ANA; Carla Michelotti, Executive Vice President & General Counsel, Leo Burnett Worldwide, Inc.; Rick McMurtry, Senior Assistant General Counsel, Turner Broadcasting Systems, Inc.; Brent Sanders, Microsoft Corporation; Arnold Friede, Pfizer Inc.; and Alice M. Osburn, Associate General Counsel, General Motors Corporation.

See Davis & Gilbert's Events Calendar for additional event information.

12-19-2006

COUNCIL APPOINTS LESTITIAN AS DISTRICT 12 REPRESENTATIVE
Allegheny County Council Member John DeFazio (D — At-Large) announced that County Council unanimously approved the appointment of William E. Lestitian, CPA, Esq., as the new County Council District 12 representative at the December 19, 2006 Regular Meeting of Allegheny County Council. The District 12 representative seat was vacated after the resignation of former Council Member Rich Nerone.

Council Member Lestitian, a life long resident of District 12, grew up in Carrick and currently resides in Brookline with his wife Debbie and his children Chloe and Ryan. He is a graduate of Seton-LaSalle High School, the University of Notre Dame and the University of Pittsburgh School of Law. He is currently employed as the Co-Managing Shareholder at Rothman Gordon, P.C.

"Bill is a great addition to our Council;" said Council Member DeFazio. "He has impressive credentials combined with strong community involvement and government participation. He will be a first-rate District 12 representative."

Some of Council Member Lestitian's other accomplishments include graduating Leadership Pittsburgh XV (1999), being recognized as one of Western Pennsylvania's "Forty Under Forty" by Pittsburgh Magazine (2002) and being chosen as one of the Pittsburgh region's "Fast Trackers" by the Pittsburgh Business Times (2004).

12-19-2006

Jackson Kelly Attorneys Miller and Rodecker Selected As Defense Research Institute (DRI) Young Lawyer Liaisons
Jackson Kelly PLLC Attorneys, Laurie Miller and Jessica Rodecker have been selected to serve as national Young Lawyer Liaisons to two Defense Research Institute (DRI) substantive law committees. A national organization with approximately 22,000 members from across the country, DRI is the preeminent continuing legal education organization for trial counsel, corporate counsel, and risk management professionals.

Miller and Rodecker served as vice liaisons to their prospective committees and have been officially promoted to liaison positions.

Miller will serve on the Drug & Medical Device Committee and Rodecker on the Medical Liability and Health Care Law Committee. These positions require Miller and Rodecker to participate in planning seminars, publications and national steering committee activities for their respective committees. In addition, both Miller and Rodecker are active on the Defense Research Institute's Young Lawyers Committee, where Miller is currently the chair of the Membership subcommittee.

The Drug and Medical Device Committee is one of DRI's most active committees. Miller will participate in a full course of committee work, including Rx for the Defense, a publication by the Drug and Medical Device committee. As a Medical Liability and Health Care Law Committee member, Rodecker joins the best and the brightest of the medical defense bar. The committee regularly addresses health care regulatory issues and issues particular to specialized litigation groups, such as pharmacy litigation and obstetrical medicine. The committee sponsors three seminars each year, including the Medical Liability and Health Care Law Seminar at which Rodecker will be a panel moderator in March, and the Complex Medicine seminar. The committee also authors the MedLaw Up+G803date.

Miller and Rodecker expressed excitement for the challenges and opportunities these new positions bring.

12-19-2006

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