Civil Procedure, Health Law, Intellectual Property

Rubin v. General Hospital Corp. (Fed. Cir. 2013)

by Donald Zuhn | McDonnell Boehnen Hulbert & Berghoff LLP on 5/8/2013

On March 28, the Federal Circuit in Rubin v. General Hospital Corp. affirmed judgment by the District Court for the District of Massachusetts dismissing the suit brought by Drs. Berish Rubin and Sylvia Anderson against The...more

Senators Introduce Another Bill to Ban Reverse Payment Settlement Agreements

by Kevin E. Noonan | McDonnell Boehnen Hulbert & Berghoff LLP on 3/15/2013

Last week, Senator Al Franken (D-MN) was joined by Senators David Vitter (R-LA), Dick Durbin (D-IL), Jeanne Shaheen (D-NH), and Bernie Sanders (I-VT) in introducing S. 204, the "Fair and Immediate Release of Generic Drugs...more

January 2013: European Litigation Update

by Quinn Emanuel Urquhart & Sullivan, LLP on 2/6/2013

The European Court of Justice (ECJ) on European Supplementary Protection Certificate (SPC) for Further Medical Uses: With a remarkable ruling from July 2012 (Neurim Pharmaceuticals, C-130/11), the European Court of Justice...more

Health Care Professionals Contend That Isolated DNA and cDNA Are Patent Ineligible

by McDonnell Boehnen Hulbert & Berghoff LLP on 7/17/2012

Seven organizations of health care professionals argue in an amici brief filed in Association for Molecular Pathology v. U.S. Patent and Trademark Office ("Myriad") that Myriad's isolated DNA and cDNA claims, as well as claim...more

The Life Sciences Report - Spring 2012

by Wilson Sonsini Goodrich & Rosati on 3/28/2012

In this issue: - New Procedures for Challenging Patent Validity - Aggressive Healthcare Fraud Enforcement Likely to Continue in 2012 - Life Sciences: The Rodney Dangerfield of Venture Capital -...more

Mayo v. Prometheus Limits Diagnostic Test Patenting

by Dechert LLP on 3/23/2012

Tuesday the Supreme Court unanimously decided Mayo Collaborative Services v. Prometheus Labs, a decision of considerable significance to the diagnostics industry. The Court reversed the Federal Circuit Court of Appeals,...more

Mayo Collaborative Services v. Prometheus Laboratories -- What the Supreme Court Said

by McDonnell Boehnen Hulbert & Berghoff LLP on 3/22/2012

In a decision he has waited six years to write (having dissented from the Court's decision not to decide similar issues in Laboratory Corp. v. Metabolite Labs., Inc. in 2006), Justice Breyer (and a unanimous Court) overturned...more

The Supreme Court Reduces Patent Protection for Medical Diagnosis and Analysis

by Bradley Arant Boult Cummings LLP on 3/20/2012

On March 20, 2012, the U.S. Supreme Court released its long-awaited decision in the case of Mayo Collaborative Services v. Prometheus Laboratories, Inc. slip. op., Case No. 10-1150 (March 20, 2012). This decision resolves a...more

"Skadden's 2012 Insights, January 2012: Global Litigation"

by Skadden, Arps, Slate, Meagher & Flom LLP on 1/12/2012

In This Issue: - 58 U.S. Supreme Court Cases to Watch - 59 Securities Litigation: Recent Supreme Court Decisions and Future Trends - 66 Continued Step-up in Government Investigations and White Collar Crime...more

ANDA Automatic Stay of FDA Approval Does Not Defeat Standing in Sham Litigation Antitrust Counterclaim

by Sheppard Mullin Richter & Hampton LLP on 9/21/2011

The District of Delaware recently denied a motion to dismiss an antitrust counterclaim in a patent infringement action in the wake of defendant Mylan, Inc. ("Mylan") having filed an Abbreviated New Drug Application ("ANDA")...more

Clinical Method Claims Dodge a Bullet: Prometheus v. Mayo

by Morrison & Foerster LLP on 12/20/2010

On December 17, 2010, the U.S. Court of Appeals for the Federal Circuit confirmed that claims to clinical and diagnostic methods can constitute patent-eligible subject matter in its Prometheus II,1 decision. This was one of...more

An Unclear Diagnosis

by Fenwick & West LLP on 7/24/2009

What constitutes patentable subject matter? The tension between the broad language of 35 U.S.C. Section 101 and the limitations of its scope by the courts is playing out in the context of patent eligibility of process...more

Pharmaceutical Patent Settlements Under Fire on Both Sides of the Atlantic

by Morrison & Foerster LLP on 7/22/2009

In recent weeks, the pharmaceutical industry has been in the crosshairs of antitrust enforcers in the U.S. and in Europe. Specifically, patent litigation settlements in which a brand pharmaceutical manufacturer makes a...more

Reverse Payment Issue Continues to Sizzle

by Sheppard Mullin Richter & Hampton LLP on 6/29/2009

We reported recently that the issue of reverse settlement payments to generic drug manufacturers was continuing to heat up this summer. FTC Chairman Jon Leibowitz’s recent comments on the issue further support this forecast....more

The Latest Advance in the Debate Over Reverse Payment Settlements: Will the Supreme Court Punt, Again?

by Sheppard Mullin Richter & Hampton LLP on 6/12/2009

On April 24, 2009, a group of professors of law, economics and business, together with the American Antitrust Institute, the Public Patent Foundation, and AARP (collectively "amici") filed an amicus brief urging the Supreme...more

Home

Legal News

Find a Lawyer

Browse Subjects

Subscribe

Pro Services

For Reporters

Civil Procedure › Health Law › Intellectual Property