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Features
Litigation over a 1970s disco song has set new copyright precedent at the Atlanta-based federal appeals court.
Columns & Departments
Analysis of a recent key ruling.
Columns & Departments
Rulings of interest and importance to med mal attorneys.
Features
The U.S. District Court for the Southern District of New York decided that music publisher EMI can keep the rights to the 1934 hit song "Santa Claus Is Coming to Town" for another 25 years.
Columns & Departments
NEW JERSEY: Pre-Nup Says Payments Are Not Alimony: Bankruptcy Court Disagrees<br>CONNECTICUT: Suit Challenges State's Alimony Law on Constitutional Grounds
Columns & Departments
MA Federal Court Holds 'Economic Loss Doctrine' Does Not Bar Claim for Breach of Implied Warranty
Columns & Departments
'Reprehensible' Move to New York Was Nothing of The Kind
Features
In typical product liability cases, the manufacturer owes a duty to the eventual consumer to warn of any risks associated with the product. However, in the context of prescription drug cases, courts have recognized that the prescribing doctors, and not their patients, are in the best position to weigh the risks and benefits of a given drug for a particular patient.
Features
The Federal Circuit panel discussed patent exhaustion in light of product claims, citing precedent where "the Supreme Court [has] repeatedly held, in addressing device patents, that the sale of a patented device exhausted the patent-holder's right to exclude, and that an infringement suit would not lie with respect to the subsequent sale or use of the device."