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Cite as: Matter of OxyContin II, 700000/07, NYLJ 1202472518491, at *1 (App. Div. 2nd, Decided September 21, 2010)Before: Prudenti, P.J., Fisher, Roman, Sgroi, J
New Type of Suit: Pain Treatment
A $1.5 million verdict in California against a hospital internist is the first case of physician neglect and abuse under the California Elder Abuse and Dependent Adult Civil Protection Act. A jury issued the judgment against Dr. Wing Chin to the family of the late William Bergman, who as a dying lung cancer patient spent five days in the hospital in what the family said was excruciating pain.The End of Tool Patents? Not Likely
At first blush, University of Rochester v. G.D. Searle, appears to be a solid victory for pharmaceutical companies fearing the specter of paying reach-through royalties for access to screening targets. However, although the court held that Rochester did not have an enforceable claim on these blockbuster drugs, the court's February opinion leaves many questions unanswered and even provides some guidance for inventors wanting a bigger slice of the blockbuster pie.Tylenol Plaintiffs Seeking MDL in Eastern District
More than 20 plaintiffs who allege their use of over-the-counter Tylenol caused their livers to fail or be poisoned are seeking to have their cases consolidated in a federal multidistrict litigation in front of U.S. District Judge Lawrence F. Stengel of the Eastern District of Pennsylvania.Reaching Opposite Findings on Inequitable Conduct
Fraud on the Patent Office -- "inequitable conduct" -- renders the patent unenforceable. To establish inequitable conduct, one must prove both materiality and intent. In two recent biotechnology/pharmaceutical cases, different panels of the Federal Circuit measured materiality and intent and drew virtually opposite conclusions. These decisions suggest uncertainty in the law and demonstrate the problems faced by practitioners when confronted with an allegation of inequitable conduct.Trademark Infringement Litigation: Midnight in the Garden of Good and Evil
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