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License Restrictions in Europe

President Upton and General Counsel Robert Kerwin met with the Head of DG Comp’s Antitrust Pharma and Health Services in Brussels last month  and discussed our view that Directive 2009/24/EC and the 2012 ECJ decision UsedSoft GmbH vs. Oracle made clear in the EC that a first sale exhausted the right to restrict licenses to subsequent acquirers.

 

Ethics Code Changes

We are circulating proposed changes k for consideration by the membership. Your voice is important to us. Please give us your comments, proposed changes, if any and offer any other changes. This is perhaps the first time in almost 25 years. That we are suggesting proposed changes is in light of the fact (as the Nobel Prize recipient Bob Dylan notes)  the ‘times they are a changin’. Chief among the proposed changes will be an expansion of the scope of the type of  complaints which may be considered including complaints for possible unfair and deceptive and anti-competitive behavior.

 

Did You Know?

Your Sub-Licensed GE Software Options on your Diagnostic Imaging Equipment May NOT be Transferable?

Find out what this could mean for you here.

OMB receives CMS rules overhauling Medicaid

The CMS has sent a sweeping finalized rule that will overhaul the managedMedicaid program to the Office of Management and Budget for review. The 653-page proposed version of the rule suggested the biggest changes in Medicaid managed-care regulations in more than a decade. It would cap insurer profits, require states to more rigorously supervise the adequacy of plans’ provider networks, encourage states to establish quality rating systems for plans, allow more behavioral healthcare in institutional settings and encourage the growth of managed long-term care.  
Read more here

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