Bayer

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MoFo BioMeter - Vol. 3, Issue 3, August 2014 - Q2 Biometer Shows Strong Value In Drug Discovery Platforms

The average BioMeter value in the second quarter of 2014 jumped significantly to $143.4 million, an increase from the $15.9 million value in the first quarter. This included two blockbuster deals, the $1 billion up front paid...more

Third Circuit Ascertainability Rulings Continue to Imperil Low-End Consumer Class Actions

It’s a pattern repeated in millions of households every day: you go to the grocery or the drug store, buy the items you need, and don’t bother to keep the receipt. You may throw the receipt away immediately, you may throw...more

Courts In 9th Circuit Continue To Split On Ascertainability: “All Natural” Class Action Dies On the Vine But Sexual Energy...

On June 13, 2014, U.S. District Judge Charles R. Breyer of the Northern District of California, issued an order denying class certification to a putative class of consumers who had purchased ConAgra food products labeled as...more

June 2014: Class Action Litigation Update: “Ascertainability” Emerges as Key Battleground in Class Actions Involving Low-Cost...

“Ascertainability” Emerges as Key Battleground in Class Actions Involving Low-Cost Consumer Goods. Grocery store shelves have emerged as the favored hunting ground of the plaintiff’s consumer class action bar, which has...more

Trademark Review - Flanax, What Your Heart Desires and Tourbillon (May 2014)

TTAB Cancels Registration for a Mark Found to Misrepresent Source of the Goods - Bayer, the maker of ALEVE brand naproxen sodium pain reliever in the U.S., sells the same product in Mexico under the mark FLANAX. Bayer...more

More Thoughts On Ascertainability And Why It Matters In Deciding Whether To Certify A Class Action

Can you have a class action if you can’t figure out who’s in the proposed class? According to many in the plaintiffs’ bar, the answer is “yes.” ...more

Flummoxed By FLANAX: TTAB Cancels Trademark Registration Based On Misrepresentation As To Source Despite No Use In U.S. By...

In an interesting precedential decision, the Trademark Trial and Appeal Board (TTAB) canceled a registration for FLANAX despite the fact that the petitioner, Bayer Consumer Care AG, did not use FLANAX in the United States,...more

Third Circuit to Putative Class Action Plaintiffs: No Receipt, No Class Cert

On May 2nd, the Third Circuit declined to rehear en banc its 2013 decision to reverse class certification in Carrera v. Bayer Corp, which created a big hurdle for would-be plaintiffs bringing suit in New Jersey, Pennsylvania...more

False Claims Act Litigation Update: Bayer Decision Sheds Light on Pleading in False Claims Act Cases

A recent win for a large company in a False Claims Act suit (a seeming rarity as of late) alleging illegal off-label promotion could provide some helpful insight to similarly situated manufacturers and support dismissals of...more

Third Circuit Rejects Effort At End Run Around The Ascertainability Requirement

We previously wrote about the Third Circuit’s decision in Carrera v. Bayer Corp., which reversed a district court’s class-certification order because there was no reliable way to ascertain class membership—indeed, no way to...more

Third Circuit Denies Rehearing En Banc in Closely Watched Class Action

The U.S. Court of Appeals for the Third Circuit has denied a petition for rehearing en banc in a small-dollar consumer product class action. Depending on one’s perspective, this highly anticipated ruling either enforces the...more

Bayer Continues To Settle Yaz/Yasmin/Ocella Cases

To date, settlements in thousands of Yaz, Yasmin and Ocella cases have been reached and it is estimated that Bayer, the drug manufacturer, has paid out over $1 Billion to more than 6,000 injured women across the country, for...more

"Third Circuit Rejects Class Without Objective Means of Identifying Members"

On August 21, 2013, the U.S. Court of Appeals for the Third Circuit reversed certification of a class action comprised of Florida purchasers of Bayer’s One-A-Day WeightSmart multivitamin. See Carrera v. Bayer Corp., No....more

Is Mirena IUD the next big Case in Reproductive Health?

Bayer Pharmaceuticals, maker of the Yaz and Yasmin birth control products as well as many other popular pharmaceuticals, is again under scrutiny with one of its top 5 grossing items, the Mirena IUD. Nearly 2 million women in...more

News from Abroad: UK Court of Appeal Considers Sufficiency

The Court of Appeal recently heard a case relating to Genentech's patent, which claimed the use of human vascular endothelial growth factor (hVEGF) antagonists for the treatment of non-cancerous diseases which are...more

New Product Liability Class Action Highlights Uncertainties in Class Proceedings

On April 15, 2013, the Ontario Superior Court of Justice certified a product liability class action in respect of pharmaceutical products manufactured by Bayer Inc. In so doing, the Court’s reasoning highlighted the continued...more

Bayer Healthcare Pharmaceuticals, Inc. v. Watson Pharmaceuticals, Inc. (Fed. Cir. 2013)

Contraceptives were the subject of the Federal Circuit's recent decision in Bayer Healthcare Pharmaceuticals, Inc. v. Watson Pharmaceuticals, Inc. But, unfortunately, it's a rather fact-specific case with nothing of prurient...more

Patent Watch: Bayer Schering Pharma AG v. Watson Pharm., Inc.

On April 16, 2013, in Bayer Schering Pharma AG v. Watson Pharm., Inc., the U.S. Court of Appeals for the Federal Circuit (Lourie,* Schall, Prost) reversed the district court's summary judgment that U.S. Reissue Patent No....more

Johns v. Bayer Corporation: Southern District of California Dismisses “Lack of Substantiation” False Advertising Class Action

In false advertising cases involving a wide range of consumer products, including dietary supplements and cosmetics, plaintiffs often allege that the manufacturer does not have adequate scientific “substantiation” for its...more

Court Report -- February 24, 2013

In This Issue: Novartis Pharmaceuticals Corp. v. Actavis LLC et al.; Precision Biosciences Inc. et al. v. Cellectis S.A. et al.; Bayer Pharma AG v. Warner Chilcott Co., LLC et al.; Promega Corp. et al. v. Life...more

A warning to US & foreign companies on Australian patent infringement by common design: Bayer Pharma AG v Genentech Inc [2012] FCA...

US and other foreign companies that do not have Australian commercial operations will be interested in this decision because it contains prima facie findings that some, perhaps, widely used commercial practices involving...more

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