Chant Ix Lawsuits

Chantix, an oral medication, prescribed to individuals who are attempting to quit smoking has been under fire recently as the U.S. Food and Drug Administration are receiving reports of side effects ranging from deep depression to suicidal thoughts and behaviors. After these reports began to surface in late 2007, the drugs maker, Pfizer, reviewed and updated the warnings. Patients who find their mood and behavior changing while taking the drug should seek a phsycians assistance immediately. In addition to this, other warnings were included and they are as follows:

* Patients should tell their doctor about any history of psychiatric illness prior to starting Chantix. The drug, Chantix, has been linked to an increase in reoccurring or past mental illnesses.

* It is extremely important for individuals who are taking Chantix or who have a friend or family member taking the drug to be aware of the dangers and to monitor themselves or their family member/friend for an increase in mood swings and erratic behavior. Symptoms may include anxiety, nervousness, tension, depressed mood, unusual behaviors and thinking about or attempting suicide. In most cases, neuropsychiatric symptoms developed during Chantix treatment, but in others, symptoms developed following withdrawal of Chantix therapy.

* Patients taking Chantix should immediately report changes in mood and behavior to their doctor.

* Patients taking Chantix may experience vivid, unusual, or strange dreams.

* Patients taking Chantix may experience impairment of the ability to drive or operate heavy machinery.

While Chantix has demonstrated clear evidence of efficacy, it is important to consider these safety concerns and alert patients that they are possible.

These are not the first Chantix warnings announced by the FDA. After reports of close to 40 suicides and more than 400 suicidal behaviors being linked to Chantix, the FDA began investigating and studying the drug in late 2007. A link between Chantix and serious psychiatric complications became progressively probable. Additionally, the FDA determined that there might be other adverse side effects of Chantix such as the further worsening of preexisting psychiatric illness or causing a recurrence of past psychiatric issues. Two weeks after this initial FDA report, Pfizer added stronger Chantix warning labels to the drug, stating publicly that while a direct link between Chantix and the reported psychiatric problems did not exist, the possibility of Chantix-induced psychotic episodes could not be ruled out.

Chantix has been linked to suicidal thoughts and behaviors and due to this the FDA began researching and studying the drug. These Chantix psychiatric adverse events can set in within days or weeks of beginning the Chantix treatment. In fact, many patients taking the medicine have posted their feelings online, seeking support after a highly-publicized shooting was linked by the media to the drug. Most of these people describe intense nightmares, paralyzing depression, consuming apathy, anxiety, or thoughts of suicide. Many of these cases were linked to alcohol consumption and the interaction that it has with the drug. While there is not a definitive Chantix-suicide connection in a controlled testing, there is ever-mounting evidence raising concern.

While there is not as of yet a current Chantix class-action lawsuit against the manufacturer, Pfizer, the public outcry for reform, reparation and compensation for the damages done grows larger every day. Because of the FDA's reviews of the drug, it is likely that a legal case or lawsuit against its makers will occur. To be sure, even Pfizer admits to a certain risk of taking the drug, although none so serious as the actuality of many of the cases. It would be wise for anyone who has firsthand experience with suicidal thoughts or severe depression from taking Chantix, or who has been affected by someone who is or was taking Chantix, to contact a health care provider as soon as possible.

Once the health of anyone taking Chantix has been assured, it may be in the best interest of any Chantix patient or their families to consider contacting an expert Chantix law firm in order to receive experienced counsel on possible Chantix damages that may be sought for those effected by the possible danger of Chantix suicide. If you or your loved ones have been affected by the adverse side effects of Chantix, simply fill out the Chantix attorney referral for on this page to be put in touch with a qualified Chantix lawyer in your area.

Article Source: http://www.articlesbase.com/law-articles/chantix-allegedly-linked-to-suicidal-behavior-331672.html

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One of the questions that patent holders may have is "who can be sued in a patent infringement lawsuit?" By law, any person who makes, uses, offers or sells something that is protected by a current patent, or who imports into the United States anything that is protected by a current patent, is guilty of patent infringement. Likewise, anyone that makes, uses, offers or sells any product or process that intentionally contributes to it is guilty of infringement as well. Finally, anyone who induces any action that infringes upon a current patent is guilty.

If a company makes a new product that infringes upon an existing and in force patent, it is infringing upon that patent and can be sued. If a company creates a product that relies on a patented process without the permission of the person owning that patent, they are guilty and can be sued. In addition, the law can be interpreted to extend to any store or company that sells a product or process that is protected by a patent, as well as anyone who purchases and uses that product or process.

In other words, if AB Electronic Games were to create a new game system that used as part of its design the joystick that is patented by YZ Game Company, AB Electronic Games may be infringing upon YZ's patent and can be sued for that infringement.

Likewise, if YZ Game Company had patented a process that only allowed its games to be played on a game system manufactured by them, and AB Company came along and made an adapter using that process so that YZ's games could be played on any game system, they could be opening themselves to a patent infringement lawsuit. In addition, YZ Game Company would be within its rights to sue every retailer that sold AB's games or adapter, and every single person that used one of AB's games or adapters.

In reality, however, it's seldom practical to sue individuals who buy or use a product that infringes upon another's patent. Most patent owners will choose to sue the manufacturing company, the inventor or the importer of the product. Some judges will disallow patent infringement lawsuits against certain classes of defendants for various reasons. In many cases, the laws which cover these lawsuits and their interpretation vary from jurisdiction to jurisdiction. Determining who can and should be sued, and on what grounds they can be sued is not always easy for a layman. Even lawyers who don't specialize in patent infringement law may find it difficult to determine who can actually be sued in a particular instance.

Experienced patent infringement lawyers understand the current case law and how the U.S. Patent laws have been applied in patent infringement cases throughout the years. This is more true today than ever before, with the number of patent infringement lawsuits increasing with each passing year. Decisions that have been handed down in cases over the past five to ten years have opened the existing patent laws to new interpretations that can be utilized in a lawsuit by experts in the field.

If you are considering a patent infringement lawsuit or believe that your rights as a patent holder are being infringed upon, it's important to consult with a law firm of patent infringement lawyers who are familiar enough with the current case law and interpretations to evaluate your case on its merits. A good attorney can not only help you determine who can be sued for infringing upon your patent, but may see grounds for a suit that you or a less experienced lawyer might not recognize.

This is a matter that the courts take very seriously. If your invention is being used in whole or in part by someone else who does not have your permission, your rights as a patent holder are being infringed upon. When you bring a successful suit against the infringer, you may be able to:

- Stop future infringements when a judge orders an injunction against further use, sale or offer of the infringing invention or product
- Recover the cost, which may include projected future profits lost due to the infringement
- Recover certain litigation costs
- Recover attorney's fees
- Be awarded punitive damages that may amount to triple the judgment for actual damages

A law firm that specializes in this kind of litigation is the best judge of whether you have a good case of patent infringement. If you believe that your patent rights are being infringed upon, contact a patent infringement lawyer for a consultation to evaluate your case for a lawsuit.

Article Source: http://www.articlesbase.com/patents-articles/patent-infringement-who-can-be-sued-359057.html

Nick Johnson, lead counsel and founding partner of Johnson Law Group, represents individuals or companies with cases involving patent infringement. Call 1-888-311-5522 today or visit http://www.johnsonlawgroup.com for a free case evaluation.

Patent law is one of the most specialized branches of the law.

If you have been named in a patent infringement case or believe that you may have a case to pursue compensation and relief for patent infringement on a patent that you hold, a firm of experienced patent infringement lawyers is your best resource for information.

There are, however, a few principles of patent infringement litigation that are helpful to know. Among the most helpful to understand in building your case are the defenses to patent infringement that are most often used in patent infringement cases. The two basic defenses to a patent infringement lawsuit are non-infringement and invalid patent.

Non-infringement defense to patent infringement lawsuits:

In the first, the defendant tries to prove that their product or process does not infringe upon the existing valid patent for one or more reasons. It is usually the first line of defense to be considered. There is an infringement upon a patent when each "claim" in the patent is matched by an element of the infringing product. If the item that is claimed to be infringing does not match each of the claims in the patent, the case may be dismissed because no infringement exists.

In order to prove whether a device or process infringes upon the named patent, the judge or other examiner will first do a careful reading of the claims of the patent. Suppose the patent is for a device that has the purpose of extending the waistband of a skirt by means of an extension of fabric that is fitted with a buttonhole on one end of the extension and a button on the other.

A second company produces a product which consists of a fabric extension that has a buttonhole on one end, and three buttons at various points on the extension so that it can be adjusted to fit the waistband more accurately. The examiner must examine each of the "claims" made in the patent and then match them to the elements of the device in question. In this case, the examiner may find that patent infringement does exist because each of the claims in the patent is matched to an element in the infringing device, which is actually a modification of the patented process.

Invalid patent defense to patent infringement lawsuits
The other most common tack in patent infringement lawsuits is an attempt to invalidate the patent on one or more grounds. In order for there to be a judgment of infringement, their must exist a valid patent; it must be in force at the time of the alleged infringement; and it must meet all the conditions for obtaining a valid patent.

While one might assume that the very issuance of a patent would substantiate its validity, that's often not the case. There are a number of things that might invalidate an existing patent.

1. A prior art or novelty search may turn up descriptions or depictions of the patented application that existed before the date of invention. In this case, the patent may be invalidated because the application or item was not the first depiction of the device. The description or depiction must give enough detail that a person of "reasonable skill" could make or work the device based on that description.

2. The defense may hold that the patent is for a use or device that would have been obvious to anyone with reasonable knowledge or skill. If obviousness can be proved, then the patent may be invalidated and no infringement can have taken place.

3. The defense may charge that the patent holder did not exercise diligence in pursuing the patent application process. Most often, this charge will be brought if the patent's original application was outside the grace period allowed after publication of the patented idea or device.

4. The defense may argue that the subject of the patent is not a suitable subject for patenting.

Those are the most commonly claimed grounds to invalidate a patent in patent infringement cases, but there are many other grounds which could be used to defend against a charge of patent infringement.

In addition, the interpretation of patent law and the definitions of the elements of patent law frequently undergo changes during the course of court cases. As the number of patent infringement cases continues to mount, new defenses are being tried and old ones struck down.

If you are involved in a patent infringement lawsuit or are considering one yourself, it's important to have an experienced professional on your side.

Consult a law firm that specializes in patent infringement cases to get a thoughtful and realistic evaluation of your chances.

Article Source: http://www.articlesbase.com/patents-articles/defenses-to-patent-infringement-364421.html

Nick Johnson, lead counsel and founding partner of Johnson Law Group, represents individuals or companies with cases involving patent infringement. Call 1-888-311-5522 today or visit http://www.johnsonlawgroup.com for a free case evaluation.

Chantix, the smoking cessation drug from manufacturers Pfizer, was recently reported as a preferred and more adequate method for smokers to quit their tobacco-induced addictions. The results of the study were released in the medical journal, Thorax, and stated that of nearly 746 smokers who took Chantix for 12 weeks, 56 percent of those remained cigarette free. The study compared this to information researched as to how many of these individuals remained cigarette free while using the nicotine patch, and the number remained at 43 percent.

The study was paid for by the drug's makers and was conducted by Dr. Henri-Jean Aubin of the French Hospital Emile-Roux. The study reported that during the study, which took place for more than a year, individuals were randomly given either nicotine patches of prescriptions of Chantix. Researchers found that the drug was 6 percent more successful in keeping smokers abstinent from cigarettes than nicotine patches after a year.

Chantix Risks Still Prevalent

In November 2007, reports began to surface of severe psychological risks among several Chantix patients. The side effects included depression, suicidal thoughts and behaviors as well as suicidal tendencies. At that time, more than 30 individuals had allegedly commit suicide because of the drug's side effects with nearly 400 additional individuals reporting similar adverse symptoms.

The U.S. Food and Drug Administration (FDA) began an investigation into the drug's use and found evidence of the associated risks. In February 2008, the FDA issued a Public Health Advisory claiming the drug did have an effect on the serious neuropsychiatric symptoms of Chantix patients, but the drug remains on the market and has not yet been subject to a recall for these dangers. Additionally, nearly 37 percent of Chantix patients have reported severe nausea while taking the drug. Other Chantix side effects:

* constipation

* gas

* vomiting and nausea (most prevalent side effect)

* sleeping disorders, including unusual/strange dreams, inability to sleep, etc.

According to information made available from Pfizer, patients who are taking other medications such as herbal supplements, vitamins, insulin, blood thinners and asthma medications may be at risk for complications and should consult a doctor about their previous and current drug prescription consumption.

Smoking Cessation Treatments

According to a Reuters Health news report Dr. Paul Aveyard of the University of Birmingham who wrote an editorial that accompanied the study claimed that the results of the study may not necessarily mean that Chantix is the most adequate smoking cessation drug on the market. Aveyard explained that these drugs commonly depend on the individual patient, as one drug may work sufficiently for one patient, but do nothing for another patient.

Additional smoking cessation drugs that are available to patients include the following, according to the National Cancer Institute (NCI):

* nicotine gum

* nicotine inhalers

* nicotine lozenges

* nicotine patches

* nicotine nasal spray

* varenicline pills

* bupropion SR pills

While the inhalers, gum, patches, sprays and lozenges contain nicotine and are used to slowly decrease consumption of nicotine use, buproprion and varenicline contain no nicotine. These medications are for individuals with the following disorders:

* pregnant or nursing women

* individuals suffering from seizures

* those with eating disorders

* individuals consuming a heavy amount of alcohol

It is advisable for a patient looking to quit smoking to always consult a physician especially if they have shown signs and symptoms of mood swings, behavioral disorders, suicidal thoughts and tendencies as well as depression while taking Chantix.

Overcoming Chantix Side Effects

The Chantix dangers may be difficult to overcome as they can cause a severe depression disorder among patients. Because of this and the damages that have been incurred while consuming Chantix, a Chantix victim may have the potential for developing a lawsuit. Consulting with a pharmaceutical law firm can provide insight into the potential for a Chantix lawsuit, which may be able to afford a victim with monetary compensation for potential harm caused to a patient and their families.

Article Source: http://www.articlesbase.com/medicine-articles/medical-journal-reports-chantix-better-treatment-than-nicotine-patch-but-side-effects-still-exist-564616.html

To learn more about Chantix, visit http://chantix.legalview.com/ . Also, to learn more about other legal issues such as the Avandia risks or the Singulair dangers, visit LegalView's practice areas at http://www.LegalView.com/ .