In this task, you will be shown a prompt from a judicial decision and multiple holding statements derived from citations following text in a legal decision. Holdings represent the governing legal rule when the law is applied to a particular set of facts. There are five answer choices for each citing text. The correct answer is the holding statement that corresponds to the citing text. You should write an incorrect option. Even though there exist multiple wrong answers, we only need a single wrong answer. There is a <HOLDING> token in the position of the citing text prompt where the holding statement was extracted.

required expert testimony at trial. We agree with other appellate courts that the statute does not violate the open courts provision by requiring an expert report sooner rather than later in the litigation. See, e.g., Gill v. Russo, 39 S.W.3d 717, 719 (Tex.App.-Houston [1st Dist.] 2001, no pet.); Knie v. Piskun, 23 S.W.3d 455, 467 (Tex.App.-Amarillo 2000, pet. denied). Mocega's fifth point is overruled. Notice of Hearing Mocega's final two points assert the trial court was required to grant her the grace period provided under art. 4590i, 13.01(g). A motion under that section is timely if filed before "any hearing" on a defendant's motion to dismiss. Urquhart's motion was "heard" by submission on April 3rd. See Martin v. Martin, Martin & Richards, Inc., 989 S.W.2d 357, 359 (Tex.1998) (<HOLDING>). Mocega's motion was not filed until April
Holding statements: (A) holding term successor does not contemplate acquisition by ordinary purchase from another corporation (B) holding that a hearing does not contemplate an oral presentation unless required by express language or context (C) holding that oral rendition of judgment supported by the courts docket sheet was insufficient express specific written order is required (D) holding that statutory authority to modify does not contemplate fundamental changes (E) holding that express oral agreement with government agent was not binding because among other factors applicable regulations required contract to be in writing
holding term successor does not contemplate acquisition by ordinary purchase from another corporation

for these terms in the specifications or prosecution histories of the '403-S or '838 patents. Furthermore, the fact that the inventors removed the term "comprising" from Claim 1 of the '403-S patent does not change the plain meaning of the term "composition," which remains in the final version of the claim. Moreover, if the court were to adopt the construction of the '403-S claims put forth by Glaxo, Claim 1 would contradict Claim 1 of the '838 patent, which retains the term "comprising" and claims the process for producing the compositions described in '403-S patent. Such a construction would be inconsistent. In light of these findings, the court concludes that the terms "comprising" and "composition" must be construed according to their plain meanings. See Vitronics, 90 F.3d at 1582 (<HOLDING>). As a result, the phrases "immunoglobulin
Holding statements: (A) holding that words in claims are generally given their ordinary and customary meaning unless the patentee clearly sets forth a different in the specification or file history (B) holding that we must give the words in statutes their plain and ordinary meaning (C) holding that statutory words must be given their ordinary contemporary meaning (D) recognizing we must give insurance policy language its ordinary and generally accepted meaning unless the policy shows that the words used are intended to impart a technical or different meaning (E) holding that the clear and unambiguous words of an insurance contract should be given their plain and ordinary meaning
holding that we must give the words in statutes their plain and ordinary meaning

approximately eight years later was an unforeseeable intervening act. Id. 10 Ill.Dec. 484, 367 N.E.2d at 1253. Defendant also stressed that the potential for indeterminate liability for a single wrongful act argued against recognition of a preconception tort cause of action. Id. 10 Ill.Dec. 484, 367 N.E.2d at 1255. Rejecting defendant's contentions, the Illinois Supreme Court, 4-3, remanded the case for trial observing that "it is not necessary that the legal duty be owed to one in existence at the time of the wrongful act." Id. 10 Ill.Dec. 484, 367 N.E.2d at 1256. A number of cases from other jurisdictions subsequently have recognized malpractice causes of action based on preconception torts. See, e.g., Empire Casualty Co. v. St. Paul Fire & Marine Ins. Co., 764 P.2d 1191 (Colo.1988) (<HOLDING>); Walker v. Rinck, 604 N.E.2d 591 (Ind.1992)
Holding statements: (A) recognizing the unique relationship between mother and child during pregnancy and birth and permitting mothers claim for emotional distress where the mothers emotional wellbeing and the birth of the child are inextricably intertwined (B) recognizing infants preconception tort claim based on allegations that medical centers misidentification of mothers rh negative blood as rh positive led to doctors failure to administer rhogam following earlier pregnancy causing mothers rh isoimmunization to inflict severe damage to child of subsequent pregnancy (C) recognizing preconception tort cause of action for child born with rubella syndrome based on allegations that physicians who treated mother during earlier pregnancy failed to test or immunize mother for rubella (D) holding ohios child endangerment statute does not apply to mothers who abuse drugs during pregnancy (E) recognizing cause of action for preconception tort based on allegation that obstetricians mismanagement of mothers prior pregnancy including failure to diagnose and test mothers rh isoimmunization was proximate cause of severe injuries to child of subsequent pregnancy
recognizing the unique relationship between mother and child during pregnancy and birth and permitting mothers claim for emotional distress where the mothers emotional wellbeing and the birth of the child are inextricably intertwined