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23 Nov 3:24 pm
... at parties, and even seen stacks of these being left out by the side of the street for trash pickup. Studios and labels don't want this content distributed to the public
because early distribution can foul up marketing campaigns, and ... . But can the studios and labels prevent recipients from giving away or even reselling these
lightly-controlled promotional discs? A June 2008 case said "No". The case is UMG Records, Inc. v. Augusto, C.D. Cal., No. CV-07-03106. UMG is a well-known record
label and ...
2 Aug 12:40 pm
... a victory in a similar trademark suit filed against another reseller in Mary Kay, Inc. v. Weber. (Fn2) However, pre-trial rulings against Mary Kay in ... While Mary
Kay disavows the label, it is commonly understood to operate as a classic multi-level marketing organization. Mary Kay keeps tight controls over its distribution network
... trademark holder in no way is associated with or sponsors your ad. David D. Johnson is a business lawyer whose practice focuses on
litigation and other issues relating ...
2 Aug, 2006 1:49 pm
Johnson & Johnson's Alza drug unit sued Wyeth (Alza Corporation v. Wyeth, Wyeth
Pharmaceuticals, Inc. Case No. 9:06-cv-00156-RHC), ... dosage form comprises a member selected from the group consisting of a sustained-release dosage form and a
controlled-release dosage form; and, (b) administering the drug from the dosage form over an ... '457 patent doesn't cover its drug. The patent suit is not the reason Wyeth had
"homicidal ideation" added to the drug's label as one of its rare adverse events.
28 Jun, 2007 10:16 am
... two things: (1) it's still ethical to do the type of double-blinded controlled studies that the FDA requires (because that doesn't involve withholding standard of care ...
Trust Fund v. Zeneca, Inc., 2005 WL 2993937, at *4 (D. Del. Nov. 8, 2005); American Home Products Corp. v. Johnson &
... consumer fraud. Once again, the FDA's approval was dispositive: The information included in the labeling of a new drug reflects a determination by the FDA that the
information is not "false or misleading." [citing ...
24 May, 2007 10:40 am
... risk is controlling"); Kelso v. Bayer Corp., 398 F.3d 640, 643 (7th Cir. 2005) (applying Illinois law); Thomas v. Hoffman-LaRoche, Inc., 949 F ... treat
an OTC product like a prescription drug to avoid product tampering. Elsroth v. Johnson & Johnson, 700 F. Supp. 151, 156-57 (S.D.N.Y ... of these [state consumer protection] statutes is the need for uniformity in the regulation of advertising and
labeling and a deference to the expertise of the responsible regulatory agency. . . . [T]he FDA's expert ...
14 Aug, 2008 11:00 am
... plaintiffs off in a frantic search for loopholes in preemption - and, in particular, that almost every Riegel-controlled PMA device case would soon involve a "parallel"
requirement claim of some sort ... (Ky. Cir. July 31, 2008) (still working on a cite); Johnson v. Endovascular Technologies,
Inc., 2008 WL 3139424 (Cal. Super. May 19, 2008); ... 'Shea, 2008 WL 3139428, the court rejected the plaintiff's argument that off-label use automatically meant there was
no preemption. If the claimed defect or risk ...
17 Sep 4:30 am
... error would have been readily apparent from the labeling, and the injury would never have occurred. See Johnson v. Settle,
2001 WL 585093, at *8 ... problem here lies with individual physicians, in certain operating rooms. . . . The defendant cannot control the individual practices of the medical
community, even if it is the prevailing practice, and we ... and training of the 'learned intermediary' to explore questions raised by reviewing the insert"); Pfizer, Inc.
v. Jones, 272 S.E.2d 43, 45 (Va. 1980 ...
10 Mar, 2008 1:10 pm
... disadvantaged by the statutory change does not affect application of the rule stated in Pritchard v. Savannah St. & R. R. R. Co., 87 Ga. 294 ... causes should be 'ruled
in' and 'ruled out.' [Cit.]" Ervin v. Johnson & Johnson, Inc., 492 F.3d 901, 904
(7th Cir. 2007 ... b). It is the responsibility of this Court to protect judicial functions from usurpation by the Legislature. The Legislature cannot control the courts'
interpretation of what evidence proves an expert's opinion is "reliable" any more ...
25 Jun 4:29 am
... ). Another important judicial notice case is In re Epogen & Aranesp Off-Label Marketing & Sales Practices Litigation, 590 F. Supp.2d 1282 ... guidance documents,
which are also available on the FDA's website. See Johnson v. Pozen, Inc., 2009 WL 426235, at *1-2 (M.D.N. ... court took
judicial notice that a particular drug was "a medically acceptable course of treatment, relying upon "strategies" for control of the disease in question that were available on
the website of the Centers for Disease ...
4 Apr, 2008 1:00 am
... trade mark infringement:UK case Victor Wilson v Yahoo; US case Storus Corp v Aroa Marketing, Inc et al: (IMPACT), World's strongest ... (Spicy IP) Italy
Custodial sentences for some of the individuals involved in counterfeiting Johnson & Johnson Baby
Shampoo: (Class 46) Jamaica IP rights obligations under ... interpret controlling Japanese law of inheritance to determine whether the plaintiffs - heirs to the deceased inventor
- properly had title to the invention and hence standing: Akira Akazawa v ...
20 Dec, 2008 3:00 am
... 's potential patent infringement not tortuous interference: Polyad Co v Indopco Inc (Chicago Intellectual Property Law Blog) Federal-Mogul employee loses ...
pressure-sensitive adhesive label (Law360) (Patent Prospector) CIBA Vision Corp - CIBA Vision claims three more Johnson &
Johnson Vision Care contact ... patents (Law360) Nintendo - Nintendo, Nyko settle patent dispute over Nunchuk controller (Law360)
(Patents Prospector) (Seattle Trademark Lawyer) OPTi - STMicroelectronics reaches settlement ...
9 May, 2008 10:30 pm
... Generics UK: (Managing Intellectual Property), (IP Law360), Tarceva (Erlotinib) - Roche v CIPLA: Drug Controller General of India rules out low-cost version of
patented ... Gamble - Proctor & Gamble files patent infringement suit against Johnson & Johnson over Listerine strips: (IPBiz), (Patent Prospector), (IP Law360), Prostar ... files fourth amended complaint in her malicious prosecution lawsuit
against record labels and RIAA: (Ars Technica), RIAA - Federal judge in Florida speedily denies ...
19 Jul, 2007 1:47 pm
... 690 N.E.2d 619, 621 (Ill. App. 1997). Accord Johnson v. American Cyanamid Co., 718 P.2d 1318, 1326 (Kan. ... products unless
supported the manufacturer can back them up with "adequate and well controlled studies." 21 C.F.R. §201.57(c)(3 ... 6 (E.D. Ark. Dec. 27, 2006), and Swank v. Zimmer,
Inc., 2004 WL 5254312 (D. Wyo. Apr. 20, 2004), to what we ... held that certain expert witnesses were "not qualified" to opine that the defendant's labeling "complied with
FDA regulations." Id. at *32, *35. While we're sure ...
16 Sep 1:47 pm
... Inc. (Braintree, MA; Denny Zheng, President) Advantage Pest Control, Inc. (Manchester, MA; Daniel Croce, President) Aela Corporation (Burlington, MA; Aela Oh,
President) Aepx ... Inc. (Cherry Valley, MA; Bruce Vartanian, President) All In Sales, Inc. (Medford, MA; Timothy Labelle,
President) All Rite Door Corp. (Lynn, MA; John Gillespie, ... MA; Richard Gray, President) Blessed Travel Plus Inc. (Springfield, MA; Diane Johnson, President) Blue Marble Group Inc. (East Sandwich, MA; Susan Chapman, President ...
22 Oct 2:59 pm
... companies and products as varied as Xerox (photocopying), Kleenex (facial tissue) and Johnson & Johnson (band-aid) have stepped up outreach and litigation efforts to ... financial benefit directly attributable to the infringing activity" and "has the
right and ability to control such activity." Whether the courts will construe these terms expansively is unclear. Yet it ... without legal rights to the marks. See, e.g.,
Lockheed Martin Corp. v. Network Solutions, Inc., 193 F.39 980 (9th Cir. 1997). And ...
21 Nov 4:14 pm
... crucial questions about Overstock.com's accounting irregularities while I was on the call and Jonathan Johnson lied when he said, "We we
don't have any other ... Thornton -- we're not going to be exchanging Christmas cards. Later on, Jonathan Johnson chimed in saying: ...I'd just
say that Pricewaterhouse has been very supportive ... CFO David Chidester signed Sarbanes-Oxley certifications attesting to adequate internal controls and PricewaterhouseCoopers
issued clean audit opinions. Why aren't heads ...
16 May, 2008 8:03 am
... GLENN OAKS trade mark case: Scotch Whisky Association v De Witt: (IP Down Under), Logo is a 'label' and cannot be used to prevent parallel imports: The Polo/Lauren ...
use of unlicensed images on websites: (Michael Geist), Federal Court dismisses Johnson & Johnson's patent infringement claims against Boston Scientific over NIR ... Angeles County: (Ars Technica), If copyright is about incentive, should it allow
total control over the work?: (Techdirt), EEF designer Hugh D'Andrade speaks with Staff ...
2 Sep 7:28 pm
... changes, and oliguric renal failure requiring hemodialysis. Looking forward, Dr. Johnson states: We know from experimental studies that the
renal repair process in HUS is unlikely ... subject to strict liability for all harm that proximately results. Green v. Smith & Nephew AHP, Inc., 617 N.W.2d 881 (Wis.
2000 ... implicated lot number that was shown to contain the outbreak strain. 4. A published case-control study of the same outbreak was performed in Utah and New Mexico that
confirmed the implicated ...
15 Jan, 2008 12:36 am
... -- Extends the authority of Monroe county to impose certain sales and compensating use taxes 684 S5907 JOHNSON O -- Extends the authority
of the county of Suffolk to impose an additional 1% of sales and compensating use tax 683 S4422A ... data, and metadata 603 A8456A Gottfried -- Provides for conditions under which a
physician assistant may provide prescriptions for controlled substances 602 A8099A Gottfried -- Requires the commissioner of health to assess civil penalties, not to exceed
twenty-five ...
20 Aug, 2007 2:40 am
... data, and metadata 603 A8456A Gottfried -- Provides for conditions under which a physician assistant may provide prescriptions for controlled substances 602 A8099A Gottfried
-- Requires the commissioner of health to assess civil penalties, not to exceed twenty-five ... law relating to the disposition of sales and compensating use tax revenue in the county
of Westchester 366 S6057 JOHNSON O -- Relates to marine commercial fishing licenses; repealer 365 S6052A HANNON -- Relates to oversight of
office ...
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