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Food and Drug Law Articles by Eric F. Greenberg

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by Eric F. Greenberg

Intellectual property concepts are always timely

Eric F. Greenberg | Attorney-at-Law

The area of law referred to as “intellectual property,” encompassing patents, trademarks, copyrights, trade dress and trade secrets, can be a source of confusion for many people.

Most lawyers, in fact, leave the area to specialists.

Intellectual property often is a company’s most valuable asset. Packaging is intimately involved in intellectual property, as package label content and structural designs can be the subject of trademark or trade dress protection, or even copyright protection, and patents commonly cover packaging structures, designs, or even techniques. All these features can be the very essence of what differentiates your product from the competition or connects in the minds of consumers.

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Eric F. Greenberg P.C. - Law Firm Practicing: Food & Drug Law, Packing Law, and Commercial Litigation

Legal News

News

Top Headlines

[02/03] Contraception mandate outrages religious groups
[02/03] EU probes new Google privacy policy
[02/03] 'Boys Don't Cry' inmate appeals to Supreme Court
[02/02] Justice, House GOP tangle over access to documents
[02/02] Ruling due on release of gay marriage trial videos

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Food and Beverages

[02/03] 35 cases of illness tied to Pa. farm's raw milk
[02/03] Minnesota food company recalls eggs in 34 states
[02/02] LINE-X Protective Coatings to Feature Award Winning Product Showcase at 2012 Eastern Sports and Outdoor Show
[02/02] "Message from Earth: Organic Matters" Digital Short Considered for TED Ads Worth Spreading Initiative
[02/02] National Weed Science Meeting to Feature New Research on 50-Year-Old Herbicide

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Health Care

[02/03] Michael Kaufmann of Cardinal Health Named as the Healthcare Businesswomen's Association's 2012 Honorable Mentor
[02/03] Biodel to Report First Quarter Fiscal Year 2012 Financial Results on February 8, 2012
[02/03] New Study of Primary Liver Cancer Seeks to Enroll 400 French Patients
[02/03] Map pinpoints Lyme disease risk areas
[02/03] Komen drops plan to cut Planned Parenthood grants

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FSIS Recalls

[08/05] Minnesota Firm Recalls Summer Sausage Products Due To Misbranding And An Undeclared Alergen
[08/02] Kansas Slaughter Firm Recalls Ground Beef Due to Possible E. Coli O157:H7 Adulteration
[08/02] Canadian Firm Recalls Bacon Products for Possible Listeria Contamination
[08/09] Michigan Firm Recalls Ground Beef Products Due to Possible E. Coli O157:H7 Contamination
[08/01] Michigan Firm Expands Recall of Ground Beef Products Due To Possible E. Coli O157: NM Contamination

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FDA Recalls

[02/04] Nest Collective Voluntarily Recalls Select Revolution Foods Jammy Sammy - Strawberry JamsPeanut Butter Snack Size Sandwich Bars Due to a Labeling Error (Undeclared Peanut on Inner Wrapper)
[02/04] Healthy People Co. Issues a Voluntary Recall of Specific Lots of the Dietary Supplements Found to Contain Undeclared Drug Ingredients
[02/03] California Firm Recalls Prepared Sandwiches that Contain Hard-Cooked Eggs
[02/03] Greencore, USAsCincinnati, Recalls Egg Salad Sandwiches with Brand Name Quick Caf and Take Away Caf because of Possible Health Risk
[02/02] Allisons Gourmet Kitchens Recalls Prepared Salads that Contain Hard Cooked Eggs Due to Potential Health Risk.

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Case Summaries

Health Law

[01/30] Bernard v. City of Oakland
In a case in which retired firefighters or their surviving spouses contended that the City of Oakland and Union City were required to make additional payments toward their health care coverage pursuant to an amendment to the Public Employee Medical Hospital Care Act, the trial court's denial of mandamus relief and dismissal of the actions are affirmed, where: 1) it was appropriate to defer to the health care plan administrator's interpretation of the statutory language in dispute; 2) there was no error in allowing a witness to testify as an expert, and even if there was error, it was harmless; and 3) there was no merit to an assertion that a contracting agency that elects to make increasing contributions under Government code section 22892(c) must also comply with the minimum contribution provisions of 22892(b).

[01/27] Hutcherson v. Arizona Health Care Cost Containment System Administration
In a declaratory judgment action seeking a declaration that Arizona's Medicaid agency had no right at all to recover from an annuity purchased by a husband so that his institutionalized wife could obtain Medicaid coverage or, alternatively, had no right to recover for any costs incurred for the wife's care after the husband's death, the district court's grant of the defendant's motion for summary judgment is affirmed, where: 1) the federal Medicaid Act allows states to reach a deceased community spouse's annuity for costs incurred on behalf of an institutionalized spouse; and 2) nothing in the language of the Act was inconsistent with permitting the state agency to recover from the annuity expenses incurred after the husband's death.

[01/27] People v. Hughes
In a prosecution for several offenses involving marijuana, the judgment of conviction is affirmed, where it was not an abuse of discretion for the trial court to impose a condition of probation that prohibited the defendant from possessing marijuana, even for medical use.

[01/25] Walker v. Medtronic Inc.
In a suit alleging common-law tort claims arising out of the alleged failure of a medical device to operate in accordance with the terms of its premarket approval, the district court's grant of the defendant's motion for summary judgment is affirmed, where the device was undisputedly designed, manufactured, and distributed in compliance with its FDA premarket approval, and the plaintiff's common-law claims exceeded or differed from, rather than paralleled, federal requirements, so that each of her specific claims for negligence, strict liability, and breach of warranty was preempted by the federal Medical Device Amendments of 1976 to the Food, Drug, and Cosmetic Act.

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