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11 Apr, 2007 12:00 am
See Stilwell v. Smith and Nephew, Inc., No. 05-15000 (9th Cir. Apr. 11, 2007) (Bright, Nelson,
Berzon, JJ.).
25 Jan, 2007 12:48 am
... at 594; Alexander, 98 F. Supp.2d at 1321; Baker v. Smith & Nephew Richards, Inc., 1999
WL 811334, at *9 (Tex. Dist. June 7, 1999), ... .D.N.C. Jan. 13, 2000). Licensing Statutes - Almost all states refuse to hold unlicensed persons - usually, but not always,
somebody driving a car - automatically liable on ... 607, 612-13 (Wis. App. 1984). Likewise, negligence per se claims seeking to hold defendants automatically liable because
their products allegedly lacked the necessary marketing approvals from ...
10 Jul, 2008 5:31 pm
... Ohio: Ohio Rev. Code §2307.76(c); Vaccariello v. Smith & Nephew Richards, Inc., 763
N.E.2d 160, 164 (Ohio 2002); Tracy ... in Prescription Medical Device Cases (2): Massachusetts: Chamian v. Sharplan Lasers, Inc., 2004 WL 2341569, at *6-7 (Mass. Super. Sept. 24,
2004). Virginia ... we know of that distinguishes between drugs and devices in applying the learned intermediary rule - that is, holding that, despite the applicability of the
learned intermediary rule in drug cases, the rule shouldn't apply ...
13 Sep, 2006 8:54 am
... of the orthopedics sector is based on a single, unsuccessful attempt to set an industry pricing strategy. … Zimmer Holdings Inc. (ZMH) and Biomet Inc. (BMET)
said in late July that the investigation appeared tied to an attempt by a single sales ... in response to a hospital request for proposals. They didn't specify the representative's
affiliation, but Smith & Nephew PLC (SNN) confirmed on July 31 that it was an independent sales
representative under contract with the company. Smith & ...
7 Feb, 2008 10:46 am
... were preempted (that's a lot of claims). Suppose, finally, that the Court next term holds in Levine that there is implied preemption in prescription drug cases and demolishes
the "changes ... 594 (W.D. Tex. 2002); and Blinn v. Smith & Nephew Richards, Inc., 55 F.
Supp.2d 1353, 1361 (M.D ... West, 92 P.3d 584, 593-94 (Kan. 2004); OMI Holdings, Inc. v. Howell, 918 P.2d 1274, 1296 (Kan. 1996 ... 2d 65, 69-70 (Neb. 1976). Nevada: Texas
International Airlines, Inc. v. Bryan, 857 F. Supp. 838, 848 (D. Nev. 1981 ...
17 Sep 4:30 am
... medical procedure simply because she believes the setting is not appropriate or the doctor is unqualified. To hold otherwise would place a medical device manufacturer. . .in
the middle of the doctor-patient relationship. . ... a medication her doctor determined was an appropriate treatment"); Chamian v. Sharplan Lasers, Inc., 2004 WL 2341569, at *7
(Mass. Super. Sept. 24, 2004) (manufacturer ... 2d 566, 573 (D. Md. 2006). See Ralston v. Smith & Nephew Richards, Inc., 275 F.3d 965. 975-76 (10th Cir. ...
30 May, 2007 9:36 pm
The Industry giants that control 90% of the $15 billion Orthotics Industry, are rumored to be close to a settlement for defrauding the government and taxpayers. They are accused of
illegally paying surgeons to use and promote their products. The major players that control this industry are: DePuy Orthopaedics, Zimmer Holdings Inc. and Biomet
Inc., Stryker Corp., and Smith & Nephew PLC.
17 Nov 9:11 pm
... the device from being used. As such, that raised all the policy grounds that supported preemption in Buckman: The Buckman holding did not turn on intentional versus negligent
violation of FDA regulations, but on the principle of ... negligence per se). As we said yesterday - you scratch our precedent, we'll scratch yours. Citing another Bone Screw case (if
the defendant was Sofamor, Danek, Smith Nephew, or Acromed, and the date is between 1995 and 2001 -
chances are its a Bone Screw case), the ...
22 Feb, 2008 6:00 pm
... has developed an innovative strategy to fight copyright infringement: (Spicy IP), NLSIU to hold national symposium on challenges to India 's patent regime - 12, 13 April: ...
virtual Times Square: (Techdirt), (IPBiz), (Counterfeit Chic), Medtronic - District Court holds Medtronic and the law firm representing them, McDermott Will & Emery, liable
... Federal Judge approves a deal that resolves a patent suit Smith & Nephew Plc filed against
Synthes Inc. in 2002 and dissolves a 2006 injunction: (IP ...
15 Feb, 2008 9:00 am
... to consult on whether to change current controversial surcharge on devices or storage media which hold music or video: (Out-Law), (Intellectual Property Watch), Turkey signs
agreement to ... Co., Ltd and its subsidiary Panasonic Corp: (IP Law360), Power Distribution Inc - Poor litigation conduct results in award of attorneys fees in dispute with
Thomas & ... v Vanguard Prods Group Inc: (Chicago IP Litigation Blog), Smith & Nephew
- Smith & Nephew invalidates three claims of Synthes USA 's ...
24 Sep 5:09 am
... 341, 344 (8th Cir. 1988) (applying Missouri law); Stanger v. Smith & Nephew, Inc., 410
F. Supp. 2d 974, 982 (E.D. Mo. ... duty to recall. Moreover, in light of the fact that there is no recognized duty to recall, we hold such a duty cannot arise as a result of
defendant's voluntary undertaking to recall certain of ... F. Supp.2d at 982 (citation and quotation marks omitted). Lastly, Langehennig, holding that there was no duty to recall
a prescription medical device after supposedly "discovering" its ...
28 Sep 1:31 am
... 341, 344 (8th Cir. 1988) (applying Missouri law); Stanger v. Smith & Nephew, Inc., 410
F. Supp. 2d 974, 982 (E.D. Mo. ... duty to recall. Moreover, in light of the fact that there is no recognized duty to recall, we hold such a duty cannot arise as a result of
defendant's voluntary undertaking to recall certain of ... F. Supp.2d at 982 (citation and quotation marks omitted). Lastly, Langehennig, holding that there was no duty to recall
a prescription medical device after supposedly "discovering" its ...
28 Sep 1:31 am
... 341, 344 (8th Cir. 1988) (applying Missouri law); Stanger v. Smith & Nephew, Inc., 410
F. Supp. 2d 974, 982 (E.D. Mo. ... duty to recall. Moreover, in light of the fact that there is no recognized duty to recall, we hold such a duty cannot arise as a result of
defendant's voluntary undertaking to recall certain of ... F. Supp.2d at 982 (citation and quotation marks omitted). Lastly, Langehennig, holding that there was no duty to recall
a prescription medical device after supposedly "discovering" its ...
28 Sep 1:31 am
... 341, 344 (8th Cir. 1988) (applying Missouri law); Stanger v. Smith & Nephew, Inc., 410
F. Supp. 2d 974, 982 (E.D. Mo. ... duty to recall. Moreover, in light of the fact that there is no recognized duty to recall, we hold such a duty cannot arise as a result of
defendant's voluntary undertaking to recall certain of ... F. Supp.2d at 982 (citation and quotation marks omitted). Lastly, Langehennig, holding that there was no duty to recall
a prescription medical device after supposedly "discovering" its ...
11 May, 2007 6:29 am
... F.Supp.2d ___, 2007 WL 1191001, *1 (Jud.Pan.Mult.Lit. April 18, 2007). Defense attorneys for several of the defendants - specifically, Zimmer Holdings, Zimmer, Inc.,
Stryker Corp., Biomet, DePuy Orthopaedics and/or DePuy, Inc., Johnson & Johnson, and Smith & Nephew plc and Smith & Nephew, Inc., id., at *1 n.2 - filed a
motion with the Judicial Panel for Multidistrict Litigation (MDL) requesting centralization of the class ...
6 Feb 7:00 am
... ) EWHC draft judgment accounts for patentee's share price sensitivity: Schlumberger Holdings Ltd v Electromagnetic Geoservices AS (PatLit) EWHC: From OED to QED 'vacuum
cleaner' ... scope of liability for contributory infringement: Ricoh Company Ltd v Quanta Computer Inc (International Law Office) Commercial success: not the easy way to prove
non- ... his labs (Technology Transfer Tactics) Zimmer Holdings - Zimmer files patent infringement lawsuit against Smith &
Nephew over bone screws (Law360) US ...
6 Jul, 2007 4:29 am
... 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 ... (11th Cir. June 1, 2007) (applying Alabama law); Stilwell v. Smith & Nephew, Inc., 482 F.3d 1187, 1194 (9th Cir. 2007) ( ... so full of exceptions as to be meaningless. As we hope we've demonstrated, none of them
holds water. Finally, there's another intensely practical argument made by two justices ...
20 Dec, 2008 3:00 am
... národní podnik v Office for Harmonisation in the Internal Market, Anheuser-Busch, Inc (IPKat) (Law360) US CAFC provides further guidance on means-plus-function: ... Johnson
Vision Care contact lens products infringe its patents (Law360) Energizer Holdings - Energizer, Spectrum settle batteries patent suit (Law360) FlashPoint Technology - FlashPoint
... Concepts expands vacuum-assisted closure patent infringement suit against Smith & Nephew
(Law360) Konica Minolta Photo Imaging - Konica's suit against ...
20 Mar 2:05 am
... in the absence of evidence that this standard has not been met, they have refused to hold the maker liable for unforeseeable harm. Id. at 479 (reaffirming state-of-the-art
defense in design ... been invented yet. The Illinois Supreme Court, years ago, summed them up well: to "hold the manufacturer liable for failure to warn of a danger of which it
would be impossible to know based on the ... Cornish, 370 F.2d 82, 84 (8th Cir. 1966); Stanger v. Smith & Nephew, Inc., 401 F.Supp.2d 974, 980-81 (E.D. ...
7 May 6:08 am
... potential causes until reaching one that cannot be ruled out"); Cooper v. Smith & Nephew,
Inc., 259 F.3d 194, 202 (4th Cir. 2001) ... Marriott Hotel Services, 558 F.3d 419, 434 (6th Cir. 2009) (holding that expert testimony was not required to prove the
causation element of a negligence case where the plaintiffs were ... conclude that [the] opinion is admissible, however, we have no need to decide whether the holding in Gass is
applicable to the present case. Best, 2009 WL 1010883, at *11 (emphasis ...
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