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6 Nov, 2008 11:50 am
... /2004 to 09/18/2008 Caldera T-Sling 2 06/15/2004 to 11/26/2007 Ethicon Gynemesh PS (K013718) a/k/a/ Prolift Pelvic Floor 123 04/14/2004 to 03/02/2008 ... /2002 to 09/18/2008 Gynecare Secur 1 Single Report on October 4, 2007 TVT (See Ethicon, Inc. and Johnson & Johnson) (K974098) 4 07/21/2003 to 10/04/2007 Johnson & Johnson Tension-Free Vaginal Tape (K974098) Also Medscand Medical Lab (Sweden), Ethicon, Inc., Ethicon Sarl (Switzerland), 495 05/12/1999 to 02/27/2007 Mentor ObTape (K031767) 236 ...
West Palm Beach Personal Injury Lawyer - http://westpalmbeach.injuryboard.com/
7 Nov, 2007 3:00 am
... the plaintiffs the opportunity to amend their complaint against two local hospitals in accordance with the West Virginia Medical Professional Liability Act (MPLA), rather than suffer the dismissal of their lawsuit for failure to comply with its provisions. Blankenship v. Ethicon, Inc., 2007 WL 30344262 (W.Va.). In 2003, the plaintiffs filed suit against several defendants, including Charleston Area Medical Center and Herbert J ...
West Virginia Business Litigation - http://www.wvbusinesslitigationblog.com/
3 Jul, 2008 7:26 pm
... to Fenfluramine not sufficient injury. No cause of action for medical monitoring. Nishi v. Ethicon, Inc., 2003 WL 917978 (N.D. Cal. Feb. 26, 2003). Unfair ... test is not sufficient injury. A further appeal was denied. In re St. Jude Medical, Inc. Silzone Heart Valves Products Liability Litigation, 2003 WL 1589527 (D. Minn. ... is not sufficient injury where significant exposure is not established. Buckland v. Threshold Enterprises, Inc., 2006 WL 5574742 (Cal. Super. June 19, 2006). Having lawyer spend ...
Drug and Device Law - http://druganddevicelaw.blogspot.com
29 Apr, 2008 2:17 pm
... that could readily have been found to be covered as advertising activities.); Providence Washington Ins. Co. v. A & A Coating, Inc., 30 S.W.3d 554, 555-56 (Tex. App. 2000) ("An insurer's duty to ... counts in the complaint, to determine whether the alleged injuries are covered by insurance. Illinois - Tews Funeral Home, Inc. v. Ohio Cas. Ins. Co., 832 F.2d 1037, 1042 (7th Cir. 1987) (applying Illinois law); New Jersey - Ethicon, Inc. v. Aetna Cas. & Sur. Co., 737 F. Supp. 1320, 1327-29 (S. ...
Gauntlett on Insurance - http://www.gauntlettoninsurance.com/
1 Oct 12:16 am by Lawrence B. Ebert
... (Fed. Cir. 1997); see also MyMail, Ltd. v. Am. Online, Inc., 476 F.3d 1372, 1376 (Fed. Cir. 2007). However, this rule has ... (interpreting "shall belong" as a present assignment); FilmTec Corp. v. Allied-Signal, Inc., 939 F.2d 1568, 1572-73 (Fed. Cir. 1991). Therefore, ... join); see also Isr. Bio-Eng'g Project v. Amgen Inc., 475 F.3d 1256, 1264-65 (Fed. Cir. 2007) ("Absent ... all co-owners of a patent, a co-owner acting alone will lack standing."); Ethicon, Inc. v. U.S. Surgical Corp., 135 F.3d 1456, ...
IPBiz - http://ipbiz.blogspot.com
19 Nov 2:51 am by Beck/Herrmann
... or be meaningfully material to the resolution of the absent class members' claims"); Snow v. Atofina Chemicals, Inc., 2006 WL 1008002, at *9 (E.D. Mich. March 31, 2006) ("Rule 23(c)(4) may not be used to circumvent the predominance requirement"); Perez v. Metabolife International, Inc., 218 F.R.D. 262, 273 (S.D. Fla. 2003) ("sub-issues ... in order to determine whether or not the predominance requirement has been satisfied"); Neely v. Ethicon Inc., 2001 WL 1090204, at *5 (E.D. Tex. Aug. 15, 2001) ( ...
Drug and Device Law - http://druganddevicelaw.blogspot.com
29 Jan, 2008 6:00 am by Alan E. Sherman
... to retailers, and (b) when and where ownership rights existed. Delta Air Lines, Inc. v. Strayhorn, et al., Cause Number GN400439, is a sales tax refund lawsuit ... exempt as taxable services purchased in the performance of a real property contract for an exempt entity. Ethicon, Inc. v. Strayhorn, et al., Cause Number GN304779, is a sales tax ... purchases of tangible personal property are non-taxable as separable charges. TDI-Halter, Inc. v. Rylander, et al., Cause Number GN100339, is sales tax refund ...
Tags: Use, Sales, Texas, Tax
Texas State & Local Tax Law Blog - http://www.txsaltlaw.com/
4 Sep 12:11 am by Lawrence B. Ebert
... 2001), and circumstantial evidence may be sufficient, Liquid Dynamics Corp. v. Vaughan Co., Inc., 449 F.3d 1209, 1219 (Fed. Cir. 2006). To demonstrate that Lonza's accused ... steel, which is highly susceptible to corrosion. (...) Our decision in Kim v. ConAgra Foods, Inc., 465 F.3d 1312 (Fed. Cir. 2006), is not to the contrary. In that case, this ... by clear and convincing evidence that each asserted claim of the '567 patent is invalid. See Ethicon, Inc. v. Quigg, 849 F.2d 1422, 1427 (Fed. Cir. 1988). ...
IPBiz - http://ipbiz.blogspot.com
12 Oct, 2007 8:04 pm
... where the juror announced that she could not be impartial because she had a close relationship with two of the defense witnesses. Donna Joan Blankenship v. Ethicon, Inc., No. 33224, is a class action arising from defective surgical sutures. The trial court dismissed the case for noncompliance with the Medical Professional Liability Act. The court found that the MPLA did apply, but that dismissal was unduly harsh. In footnote 1, ...
West Virginia Legal Weblog - http://legalweblog.blogspot.com
26 Aug, 2008 10:18 am
... . Hernia repair is a good example, and it looked like a promising application. Davol, Inc. found a way to fold a mesh patch surrounded with a plastic recoil ring for easy insertion ... and expand the mesh inside the abdominal wall. The FDA has since requested that Davol, Inc. recall its Kugel Mesh Patch device. Surgeons also use mesh inside ... and migration of pieces of the plastic mesh within the patient's body. On the other hand, Ethicon's Prolene based mesh TVT sling has shown slightly different ...
West Palm Beach Personal Injury Lawyer - http://westpalmbeach.injuryboard.com/
22 Oct 12:32 pm by Andrew A. Lundgren
... 's decision to affirmatively litigate its own patents in Delaware weakened its position on transfer: "The fact that Hologic initiated suit against Ethicon in this District - even though the parties were involved in other patent litigation concerning similar technology in the Southern District of Ohio ... parties, which usually favors a transfer, can also stand as an impediment to obtaining a new forum. Ethicon Endo-Surgery Inc. v. Hologic Inc., C.A. No. 09-580-JJF (D. Del. Oct. 15, 2009) (Farnan, J ...
Delaware IP Law Blog - http://www.delawareiplaw.com/
9 Oct, 2007 4:17 pm by Phil
... writing today, October 9, 2007, for Bloomberg stated: Johnson & Johnson sued Hologic Inc., a maker of medical imaging equipment, accusing it of violating four patents on a tumor-detection system. Johnson & Johnson's Ethicon Endo-Surgery unit claims Hologic's ATEC surgical devices, used to perform breast ... the four patents. The ATEC devices, made by Hologic's Suros Surgical Systems Inc., compete with Ethicon's Mammotome breast biopsy line. Hologic bought Suros last year for ...
Philip Brooks' Patent Infringement Updates - http://infringement.blogs.com/philip_brooks_patent_infr/
5 Sep, 2008 8:50 am by Lawrence B. Ebert
... '647 patent survived an invalidity challenge--> Abbott Labs. v. Syntron Bioresearch, Inc., 334 F.3d 1343 (Fed. Cir. 2003) ("Abbott Labs. II"). In ... determining validity and on the same evidence could quite correctly come to different conclusions." Ethicon, 849 F.2d at 1428. Points lost on Lemley and Obama --> ... challenger did not carry the 'burden of establishing invalidity in the particular case before the court.'" Ethicon, 849 F.2d at n.3 (internal citations omitted) (emphasis in original). ...
IPBiz - http://ipbiz.blogspot.com
5 Jul, 2007 10:37 am
... learned intermediary rule in strict liability). Pennsylvania: Coyle v. Richardson-Merrell, Inc., 584 A.2d 1383, 1385 (Pa. 1991); Baldino v. Castagna, 478 ... 1093, 1094 (La. App. 2006); David v. Our Lady of Lake Hospital, Inc., 857 So. 2d 529, 532 (La. App. 2003); Brown v. Glaxo ... P.2d 1075, 1077 (N.M. App. 1974). Texas: Ethicon Endo-Surgery, Inc. v. Meyer, ___ S.W.3d ___, 2007 ... 5, 2000). Puerto Rico: Guevara v. Dorsey Laboratories, Division of Sandoz, Inc., 845 F.2d 364, 366 (1st Cir. 1988); Pierluisi v ...
Drug and Device Law - http://druganddevicelaw.blogspot.com
28 Aug 8:11 am by Karen E. Keller
... Piramal Healthcare Ltd. and Piramal Healthcare Inc. (patent infringement) 8/6: Ethicon Endo-Surgery Inc. v. Hologic Inc. and Suros Surgical Systems, Inc ... . Microsoft Corporation, Intel Corporation, Marvell Technology Group Ltd., Marvell Semiconductor Inc., Hewlett Packard Co., et al. (patent infringement) 8/21: LadaTech LLC ... Packard Company, AstraZeneca Pharmaceuticals LP, Dow Chemical Company, Advanced Micro Devices, Inc., Dreamworks Animation SKG, et al. (patent infringement) 8/26: Evonik Degussa ...
Delaware IP Law Blog - http://www.delawareiplaw.com/
10 Jul, 2008 5:31 pm
... review denied (Cal. April 14, 1999); Evraets v. Intermedics Intraocular, Inc., 34 Cal. Rptr.2d 852, 860 (Cal. App. 1994), review ... (Tenn. Nov. 6, 2000 & July 9, 2001). Texas: Ethicon Endo-Surgery, Inc. v. Meyer, 249 S.W.3d 513, 516 ... Prescription Medical Device Cases (2): Massachusetts: Chamian v. Sharplan Lasers, Inc., 2004 WL 2341569, at *6-7 (Mass. Super. Sept. 24, 2004 ... 1305-06 (D. Minn. 1988). Missouri: Kirsch v. Picker International, Inc., 753 F.2d 670, 67 (8th Cir. 1985). Nebraska: Uribe ...
Drug and Device Law - http://druganddevicelaw.blogspot.com
6 Jul, 2007 4:29 am
... encourage, much less require, a drug manufacturer to intervene in it." Swayze v. McNeil Laboratories, Inc., 807 F.2d 464, 471 (5th Cir. 1987) (applying Mississippi law). ... to limited situations or patient populations) that the FDA requires product labeling to include. [S]ince the typical manufacturer's warning provides a list with scores of potential side effects, no ... has been chugging along at a clip of better than a case a month. See Ethicon Endo-Surgery, Inc. v. Meyer, ___ S.W.3d ___, 2007 WL ...
Drug and Device Law - http://druganddevicelaw.blogspot.com
28 Sep 3:18 am by Woodrow Pollack
... the status of noninfringements, and the defendant acquires the status of a noninfringer to that extent." Young Eng'rs, Inc. v. U.S. Int'l. Trade Comm'n, 721 F.2d 1305, ... have to prove infringement of each claim limitation. See Catalina Mktg. Int'l, Inc. v. Coolsavings.com, Inc., 289 F.3d 801, 812 (Fed. Cir. 2002) ("To ... the doctrine of equivalents entirely" and limit infringement to "a repeated analysis of literal infringement." Ethicon Endo-Surgery, Inc. v. U.S. Surgical Corp., 149 F.3d 1309, 1317 ...
Florida IP - http://floridaip.blogspot.com/
8 May, 2008 12:22 pm
... some cases you might want to look at. At the top we'd put Motus v. Pfizer Inc., 358 F.3d 659 (9th Cir. 2004). Procedurally, this is the closest thing to Ackermann out ... jurisdiction that hasn't definitively determined the heeding presumption issue is Thomas v. Hoffman-LaRoche, Inc., 949 F.2d 806 (5th Cir. 1992). Thomas provides probably the best ... no different warning would have reached her. Id. And a couple of Texas cases: In Ethicon Endo-Surgery, Inc. v. Meyer, ___ S.W.3d ___, 2007 WL 4462713 ( ...
Drug and Device Law - http://druganddevicelaw.blogspot.com
9 Sep 1:02 pm
... status of noninfringements, and the defendant acquires the status of a noninfringer to that extent." Young Eng'rs, Inc. v. U.S. Int'l. Trade Comm'n, 721 F.2d 1305, ... -- i.e., the limitation would be effectively removed or 'vitiated.'" DePuy Spine, Inc. v. Medtronic Sofamor Danek, Inc., 469 F.3d 1005, 1017 (Fed. Cir. 2006). ... doctrine of equivalents entirely" and limit infringement to "a repeated analysis of literal infringement." Ethicon Endo-Surgery, Inc. v. U.S. Surgical Corp., 149 F.3d 1309, ...
Patent Prospector - http://www.patenthawk.com/blog/
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