In the fall of 1986, the petitioner underwent surgery on her lower spine. During the operation, physicians installed a screw and plate piece directly onto her spine. Eventually, it actually broke off from her spine, causing her significant injury and requiring follow up procedures. She sued the manufacturer of the medical device in federal court for products liability. She also sued the treating doctor and hospital in state court for negligence and medical malpractice. In federal court, the manufacturer of the medical device used this state court proceeding as proof that its case should be dismissed. It filed a motion to dismiss the federal suit for failure to join all necessary parties according to Rule 19 of the Federal Rules of Civil Procedure (FRCP). The district court granted this dismissal and the Fifth Circuit Court of Appeals affirmed the lower court’s decision. The petitioner then appealed this decision to the Supreme Court and was granted certiorari. ISSUEDoes Rule 19 … [Read more...] about Temple v. Synthes Corp: Medical Device Products Liability
New Prometheus/Myriad guidance appeared on the USPTO website on 4March under the weighty title 2014 Procedure For Subject Matter Eligibility Analysis Of Claims Reciting Or Involving Laws Of Nature/Natural Principles, Natural Phenomena, And/Or Natural Products. A profound, and it is submitted unjustified, change is introduced in Example B of that guidance which concerns chemical substances purified from nature.In 1900 Dr Jokichi Takamine succeeded in isolating and purifying adrenalin in fine crystalline form from the adrenal glands of sheep and oxen, for which he was granted US Patent 730176 in June 1903. The new product was said to be storage stable when dry and when injected into an animal to bring about a rise in blood pressure. A number of product claims were granted of which the following is representative:“A substance possessing the herein described physiological characteristics and reactions of the suprarenal glands, having approximately the formula … [Read more...] about United States Patent and Trademark Office (USPTO) Patent Eligibility Guidelines – A Step Too Far For Natural Products?
The Federal Energy Regulatory Commission (FERC) General Counsel recently argued to the Commodity Futures Trading Commission (CFTC) that “[a]pplying Dodd-Frank swap regulations to [regional transmission organization] RTO and [independent system operator] ISO products and services is not only unnecessary but also potentially harmful.” Transactions entered under RTO and ISO tariffs, according to the FERC General Counsel, should be exempt from the definition of “swap.”The FERC General Counsel made these arguments in August 21 comments, partially supporting the petition of the nation’s six RTO/ISOs asking the CFTC to exempt them from swaps regulation under the Commodity Exchange Act in connection with four types of electricity purchases and sales they offer pursuant to FERC- or Public Utility Commission of Texas-approved tariffs. The FERC General Counsel had to resort to comment in order to make the Commission’s views known because the FERC and … [Read more...] about FERC General Counsel Argues Applying Dodd-Frank Regulations to RTO/ISO Products is Potentially Harmful
Konrad Marine, Inc. v. Marine Associates, Inc. et. al., 2013 WL 1580354 (Wis. Ct. App. Apr. 16, 2013). In Konrad Marine, Inc. v. Marine Associates, Inc. et. al., 2013 WL 1580354 (Wis. Ct. App., Apr. 16, 2013), plaintiff, Konrad Marine, manufactured stern drives for boats with inboard motors. Defendant, Marine Associates, cut teeth into gears used by Konrad Marine in the stern drives. Konrad Marine alleged that negligent workmanship by Marine Associates resulted in gear failure when the stern drives were put into service. The jury determined that Marine Associates was negligent and awarded Konrad Marine damages for defective gears, costs to investigate the gear failure, costs to repair or replace stern drives damaged when gears failed, and lost profits. The trial court ruled that Regent Insurance Company, Marine Associates' insurer, had a duty to indemnify the entire jury award. The Court of Appeals affirmed in part and reversed in part. First, the appellate court agreed … [Read more...] about The Wisconsin Court Of Appeals Reaffirms Lack Of Coverage For An Insured’s Defective Work Or Products
Often when an insurance company is called upon to pay a product liability claim, it will assert that the coverage provided by the product liability insurance policy is significantly narrower than the policyholder expects. Policyholders should be aware, however, that a number of avenues exist to increase the potential for an insurance recovery, regardless of what the insurance company contends.Product liability insurance usually is a component of commercial general liability insurance unless it is specifically excluded. In essence, product liability insurance generally covers bodily injury or physical damage to a third party's property as a result of the policyholder's work or product. Thus, according to ISO form language, product liability insurance typically covers "all bodily injury and property damage occurring away from premises you own or rent and arising out of your product or your work" and generally requires that the property damage take the form of "physical injury … [Read more...] about Maximizing Recovery On Product Liability Insurance Claims