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Drug & Device News

ALM Staff & Law Journal Newsletters

The latest news you need to know.

Nanotechnology

Ronald C. Wernette

In the past, and even now to some extent, many medicinal substances were used because they seemed to work, even though the specific mechanism, pharmacology or pharmacodynamics were not precisely understood. That is part of the reason for the lengthy and complex new drug approval process through the FDA.

Breast Cancer Claims

Howard J. Levin

As breast cancer screening evolves in the digital age, so do the issues confronting lawyers. Here's why.

Features

Upcoming Events

ALM Staff & Law Journal Newsletters

Texas Bar 19th Annual Entertainment Law Institute<br>American Bar Association Forum on the Entertainment and Sports Industries Annual Meeting

Bit Parts

Stan Soocher

Alleged Oral Copyright License No Bar to Infringement Suit<br>Musical Compositions' Valuation Upheld<br>Song Suit Against Destiny's Child Sent to Trial

Cameo Clips

Stan Soocher

COPYRIGHT JURISDICTION/ REGISTRATION REQUIRED<br>COPYRIGHT OWNERSHIP/JOINT AUTHORS<br>KARAOKE RECORDINGS/COPYRIGHT DAMAGES<br>WEB SITE OPERATORS/PERSONAL JURISDICTION

Single-Publication Rule Applies to Publicity Claim

Kate Moser

In a limited victory for publishers, the California Supreme Court ruled on Aug. 17 that the state's single-publication rule applies to the tort of appropriation of likeness. Christoff v. Nestl' USA, Inc., S155242. The ruling came in the case of a model who said Nestle USA used his face ' without his knowledge ' to sell Taster's Choice instant coffee for years.

Motown Magic Sues Willkie Farr for Fraud, Breach of Contract

Brian Baxter

Willkie Farr &amp; Gallagher has been sued in federal court in Los Angeles by Lamont Dozier, the cofounder of songwriting and production team Holland-Dozier-Holland, which was behind hit Motown acts like The Supremes and The Isley Brothers. At issue: Willkie's role advising on an issuance of Bowie Bonds, the asset-backed security for song royalties sometimes called Pullman Bonds because they were popularized by the banker David Pullman, now chairman and CEO of The Pullman Group in New York.

Features

Monster Magazine Covers in Biography Are Fair Use

Shannon P. Duffy

In the movies, it seems that monsters are always up to no good ' making mayhem or setting fires. But in a federal court in Philadelphia recently, a couple dozen movie monsters made some important new law and set a few significant precedents in the area of copyrights and trademarks that may help to define the doctrine of fair use for years to come.

Infringement Suit Against Tim McGraw Is Dismissed

Stan Soocher

The U.S. District Court for the Middle District of Tennessee granted a Rule 12(b)(6) motion to dismiss on the pleadings a copyright infringement suit against country artist Tim McGraw.

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    Most experienced intellectual property attorneys understand the significant role surveys play in trademark infringement and other Lanham Act cases, but relatively few are likely to have considered the use of such research in patent infringement matters. That could soon change in light of the recent admission of a survey into evidence in <i>Applera Corporation, et al. v. MJ Research, Inc., et al.</i>, No. 3:98cv1201 (D. Conn. Aug. 26, 2005). The survey evidence, which showed that 96% of the defendant's customers used its products to perform a patented process, was admitted as evidence in support of a claim of inducement to infringe. The court admitted the survey into evidence over various objections by the defendant, who had argued that the inducement claim could not be proven without the survey.
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    On May 9, 2003, the U.S. Attorney's Office for the District of Massachusetts announced that Bayer Corporation, the pharmaceutical manufacturer, had been sentenced and ordered to pay a criminal fine of $5,590,800 stemming from its earlier plea of guilty to violating the Federal Prescription Drug Marketing Act by failing to list with the FDA its drug product, Cipro, that was privately labeled for an HMO. Such listing is required under the federal Food, Drug &amp; Cosmetic Act. The Federal Prescription Drug Marketing Act, Pub. L. 100-293, enacted on April 22, 1988, as modified on August 26, 1992 by the Prescription Drug Amendments (PDA) Pub. L. 102-353, 106 Stat. 941, amended sections 301, 303, 503, and 801 of the Federal Food, Drug, and Cosmetic Act, codified at 21 U.S.C. '' 331, 333, 353, 381, to establish requirements for distributing prescription drug samples.
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