Soo Kim

Soo Kim

Sedgwick LLP

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Careful What You Say – No Preemption for Statements Made in Operating Room

Makers of medical devices marketed pursuant to the Food and Drug Administration’s (FDA) premarket approval process are generally relieved from defending state law failure to warn claims by operation of express preemption, a...more

11/26/2013 - FDA Medical Devices Preemption Premarket Approval Applications

Federal Preemption Rules and Insufficient Pleading Results in Dismissal of Plaintiff’s Off-Label Claims

In a recent decision issuing from the Central District of California, the court evaluated requirements pertaining to federal preemption and pleading, and granted Medtronic, Inc. and Medtronic Sofamor Danek, USA, Inc.’s...more

8/30/2013 - Dismissals Medtronics Off-Label Use Pleading Standards Preemption

Reverse Payment Agreements Under Hatch-Waxman

On March 25, 2013, the Supreme Court heard oral argument in Federal Trade Commission v. Actavis, Inc. No. 12-416. The question presented in the writ of certiorari concerned whether reverse payment agreements are per se...more

7/18/2013 - ANDA Anti-Competitive Certiorari FTC v Actavis Hatch-Waxman Patent Litigation Pay-For-Delay Reverse Payment Settlement Agreements SCOTUS

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