Recently, there has been a spate of Ninth Circuit rulings on the first sale doctrine ' all of which have implications for the entertainment industry ' from application of '109(a) to computer software buyers, to imported goods, and to promotional CDs that record companies send to disc jockeys and music critics.
In a case with practical implications for all patent litigants, the Federal Circuit recently rejected the use of the 25% rule to establish a baseline royalty rate to determine patent infringement damages.
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If a doctor carried disability insurance and can show that the malpractice that led to the loss of his or her license resulted from a mental or physical impairment, he or she may be able to collect payments from the insurer.
The conflict between marketers' targeted use of personally identifiable information and respect for consumers' personal privacy will be at the forefront of regulatory efforts this year.
Continuing last month's discussion of the appellate decisions in two cases concerned with the propriety of ex-parte physician interviews in the context of medical malpractice litigations.
A recent Ninth Circuit decision involving a not-for-profit entity dedicated to "freecycling" (i.e., a recycling practice of finding new uses for unwanted items) serves as a reminder to trademark owners about the pitfalls of failing to exercise sufficient quality control over licensees.
The Sunshine Law mandates public disclosure of payments and gifts by pharmaceutical, device, medical supply, and biotechnology companies to physicians and teaching hospitals for a wide array of purposes.
