Abbott Laboratories

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Court Report -- December 22, 2013

About Court Report: Each week we will report briefly on recently filed biotech and pharma cases. Alcon Research Ltd. v. Wockhardt Ltd. et al. 1:13-cv-02040; filed December 19, 2013 in the District Court of...more

NIH Declines to Exercise March-in Rights over Abbott Laboratories' Norvir®

Last week, the National Institutes of Health denied a petition from a coalition of "public interest" groups who petitioned the agency to exercise so-called "march-in rights" under provisions of the Bayh-Dole Act against...more

Whistleblowing with The False Claims Act

The top 30 False Claims Act settlements of 2012 totaled $9,094,474,000. Initiated by whistleblowers, the top three settlements involved $3 billion from GlaxoSmithKline for illegal marketing of prescription drugs, $1.5 billion...more

Federal Circuit Finds Wyeth Restenosis Claims Invalid as Not Enabled

In Wyeth v. Abbott Laboratories, the Federal Circuit affirmed the district court’s decision that the claims at issue are invalid for failing to satisfy the enablement requirement of 35 USC § 112....more

Wyeth v. Abbott Laboratories (Fed. Cir. 2013)

When is it undue experimentation in practicing the full scope of a claim that contains a genus of chemical compounds and a functional limitation of activity, when the specification provides a method to assess the claimed...more

Jury Buys Plaintiff’s Argument That Drug Manufacturer Should Have Distributed Dear Doctor Letter Sooner, Without Prior FDA...

Dear Doctor letters were front and center in the just-tried case of Tietz v. Abbott Laboratories, Inc., et al., No. 12-L-002715. On Thursday, May 9, 2013, a Chicago jury returned a $2.2 million verdict in favor of the...more

Abbott Avoids Shake-Up: False Ad Suit over Ensure Dismissed

Yet another court has tasked plaintiffs at the pleading stage with providing scientific support for false advertising claims that are based on a product’s alleged failure to deliver its promised health benefits. On Friday, a...more

WLF Submits Comments on Abbott's Citizen Petition on Biosimilars

Last April, Abbott Laboratories filed a Citizen Petition with the U.S. Food and Drug Administration, asking the agency to refrain from accepting biosimilar applications under the Biologics Price Competition and Innovation Act...more

Court Report -- February 16, 2013

In This Issue: Enzo Life Sciences Inc. v. Abbott Laboratories et al. and Sucampo AG et al. v. Anchen Pharmaceuticals Inc. et al....more

No Standing for Illegal Drugs: Third Circuit Limits Antitrust Standing for Foreign Drug Manufacturers Absent FDA Approval

A Third Circuit panel recently ruled that a foreign drug manufacturer lacks antitrust standing when it could only sell its product in the United States through a distributor....more

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