Science, Computers & Technology, Health Law, Civil Procedure

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

Wisconsin Court Confirms Computer-Controlled Medical Devices Are Exempt From Property Tax

by Theresa Andre, Eric Hatchell, Maureen McGinnity | Foley & Lardner LLP on 5/6/2013

In 2008, the Wisconsin Tax Appeals Commission ruled that the following categories of computerized medical equipment are exempt from property tax: - Ultrasound equipment - Magnetic resonance imaging (MRI)...more

Court Rules That Supervision and Enrollment Issues Don't Give Rise to False Claims Act Liability

by Kristen Cilento Carter | Ober|Kaler on 4/19/2013

Following the ever-growing progeny of cases holding that Medicare conditions of participation do not give rise to False Claims Act (FCA) liability, the United States Court of Appeals for the Sixth Circuit overturned an $11...more

Compounding Animal Drugs from Bulk Ingredients

by Duane Morris LLP on 4/17/2013

Recent public discussion about the federal role in regulating compounding pharmacies has focused on compounded drugs for human use. Compounded drugs are also vital to companion animal health (like pets). In the world of...more

Federal Court Orders FDA to Approve OTC Sales of “Morning-After Pill,” Finds Current Age and Point-of-Sale Restrictions to be...

by Fuerst Ittleman David & Joseph, PL on 4/11/2013

On April 5, 2013, Judge Edward R. Korman of the United States District Court for the Eastern District of New York found that the Secretary of Health and Human Service’s (“HHS”) decision to limit over-the-counter (“OTC”)...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

Pro Te Solutio - Vol. 5 No. 4 November 2012

by Butler, Snow, O'Mara, Stevens and Cannada,... on 3/4/2013

In This Issue: - Forecast for the Physician Payments Sunshine Act: Partly Cloudy - Document Preservation Notices and the Lists of Who Receive Them: Are They Discoverable? - FDA Warning Letters Through...more

Blood Bank Data Breach Class Action Settlement Preliminarily Approved by California District Court Judge

by Tina Amin | BakerHostetler on 2/21/2013

In Johansson-Dohrmann v. CBR Systems, Inc. et al, No. 3:12-cv-01115 (S.D. Cal., filed May 7, 2012), the latest data privacy class action to reach settlement, Judge Michael M. Anello on February 5, 2013 granted preliminary...more

Second Circuit Labels Expert’s Testimony a Sham in Pharmaceutical Products Liability Litigation

by Mark Spatz | Cohen & Gresser LLP on 2/7/2013

As a little kid, I did not have an immediate appreciation that my actions could get me into trouble, and so, without thought, I told the truth. My dad would ask, “Did you write your name on the wall?” I would respond,...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

Stengel Tangles MDA Preemption: Ninth Circuit Decision Creates Split on Buckman Preemption of Post-Market Reporting Requirements

by Erin M. Bosman, Julie Y. Park, Joanna Simon | Morrison & Foerster LLP on 1/15/2013

Last week the Ninth Circuit created a new state-law cause of action against medical device manufacturers: “failure to warn the FDA.” The en banc opinion in Stengel v. Medtronic Inc., __ F.3d __, 2013 WL 106144, 13 C.D.O.S....more

Pro Te Solutio - Vol. 5 No. 3 August 2012

by Butler, Snow, O'Mara, Stevens and Cannada,... on 11/12/2012

In This Issue: - Diversity In Clinical Trials: The Need For Diversity To Ensure Safety And Efficacy - Federal Removal Statutes: A Review Of The Federal Courts Jurisdiction And Venue Clarification Act Of 2011 -...more

Articles in Legal Industry Publications Continue to Qualify as Public Disclosure Under the False Claims Act

by Mintz Levin - Health Law on 9/12/2012

A Texas federal judge recently tossed a Federal False Claims Act (FCA) qui tam because the substance of the underlying allegations was previously disclosed in several legal industry publications, U.S. ex rel. Pharma Fraud...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

Will Thursday Be the End of Biosimilars?

by Dechert LLP on 6/26/2012

It is expected that the Supreme Court will hand down its decision on Health Care Reform this Thursday. As we discussed in a previous post, there is a real possibility that the Court will strike down the entire Affordable...more

Health Law Alert: Federal Research Grant Recipients Face False Claims Lawsuit

by Ober|Kaler on 6/1/2012

Many of the high-profile False Claims Act (FCA) cases against the health care industry have involved allegations that false claims for payment were submitted for items or services provided to Medicare or Medicaid...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

Pro Te: Solutio

by Butler, Snow, O'Mara, Stevens and Cannada,... on 2/15/2012

Topics Include: Costs and Burdens of Civil Discovery The Final Rule: FDA's Safety Reporting Requirements for Investigational New Drug Applications Mensing: Preemption or Not? Plantiffs' Creative Ways Around the...more

New Seventh Circuit Decision Endorses Heightened Scrutiny of Experts at Class Certification Stage While Potentially Lowering the...

by Mintz Levin - Antitrust on 1/27/2012

In the health care antitrust world, the Federal Trade Commission (FTC) Evanston case, involving a retrospective attack on the consummated merger between Evanston Northwestern and Highland Park hospitals, is an important...more

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Science, Computers & Technology › Health Law › Civil Procedure