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Practice Management Information Corp. v. American Medical Ass'n

Citations: 133 F.3d 1140; 98 Cal. Daily Op. Serv. 315; 98 Daily Journal DAR 395; 1998 U.S. App. LEXIS 401; 1998 WL 9507Docket: No. 94-56774

Court: Court of Appeals for the Ninth Circuit; January 8, 1998; Federal Appellate Court

Narrative Opinion Summary

An order amending the opinion filed on August 6, 1997, in case 121 F.3d 516, includes two key modifications: 1) The second sentence in the final paragraph of Section III is removed, and the third sentence is revised to clarify that the American Medical Association (AMA) did not lobby the Health Care Financing Administration (HCFA) for the adoption of the Current Procedural Terminology (CPT), indicating that the AMA’s First Amendment right to petition the government is not implicated. 2) The phrase “on its copyright misuse claim” is added to the last sentence of the opinion for clarity.

Legal Issues Addressed

Clarification of Copyright Misuse Claim

Application: The court adds specific language to the opinion to ensure clarity regarding the context of the copyright misuse claim.

Reasoning: The phrase “on its copyright misuse claim” is added to the last sentence of the opinion for clarity.

First Amendment Right to Petition

Application: The court clarifies that the American Medical Association's First Amendment right to petition the government is not implicated, as it did not lobby the Health Care Financing Administration regarding the adoption of the Current Procedural Terminology.

Reasoning: The American Medical Association (AMA) did not lobby the Health Care Financing Administration (HCFA) for the adoption of the Current Procedural Terminology (CPT), indicating that the AMA’s First Amendment right to petition the government is not implicated.