Law.com Subscribers SAVE 30%

Call 855-808-4530 or email [email protected] to receive your discount on a new subscription.

Search


Drug & Device News
October 28, 2010
All the latest you need to know.
IP News
October 28, 2010
Highlights of the latest intellectual property news from around the country.
Movers & Shakers
October 28, 2010
Who's doing what; who's going where.
Verdicts
October 28, 2010
Recent rulings of key importance.
Med Mal News
October 28, 2010
Recent news events for your review.
The Effect of Utility Patents on Trade Dress Protection Claims
October 28, 2010
The Seventh Circuit's recent decision in <i>Specialized Seating v. Greenwich Industries, L.P.</i>, highlights several important considerations that are often overlooked by counsel representing clients who claim trade dress rights in product designs. Paramount among those considerations is the effect that claims in a utility patent can have on the availability of trade dress protection.
Avoiding Physician Liability for Off-Label Use of Drugs and Devices
October 28, 2010
The increased level of enforcement activity by the FDA has focused the attention of consumers and the plaintiffs' bar on the increased frequency with which physicians prescribe FDA-approved drugs and medical devices for unapproved uses. Plaintiffs' attorneys increasingly choose to name prescribing physicians in their products liability suits as co-defendants, pleading both medical malpractice and other associated tort claims against these physicians, and often premising such claims upon the decision to prescribe for a so-called "off-label" or unapproved use. Thus, the continuing expansion of off-label uses of drugs and devices has led to numerous potential legal minefields for the prescribing physicians.
New Standard Used To Cap Damages at State Court Levels
October 28, 2010
A high-profile wrongful death case was recently decided for the second time in favor of a Miami couple whose child suffered severe brain damage during his birth at the U.S. Naval Hospital in Jacksonville, FL.
Pending Decision May Influence Measure of Medical Damages
October 28, 2010
Measuring the extent of medical damages, for a medical malpractice claim as for any other type of negligence claim, is an important part of any case. Normally, when a defendant causes harm that sends a plaintiff to a hospital or doctor, three different measures may be relevant to determining the defendant's liability ' the amount the plaintiff herself has paid for medical care, the amount the plaintiff's health insurance has paid on her behalf, and the amount a health care provider has billed as its "usual and customary" charge.
Therasense and the Doctrine of Inequitable Conduct
October 28, 2010
Perhaps signaling an interest in revisiting the doctrine in its entirety, in April 2010, the Federal Circuit asked for briefing on six questions regarding the defense of inequitable conduct to patent infringement.

MOST POPULAR STORIES