News & Analysis as of

Bristol-Myers Squibb

Recent Court Decisions on Venue Challenges Following TC Heartland

by Knobbe Martens on

The U.S. District Court for the District of Delaware recently handed down two important decisions on motions to transfer for improper venue. Judge Stark presided over both cases, transferring one case and ordering further...more

Federal Court of Appeal Applies Supreme Court’s Utility Test to SPRYCEL Patent

by Smart & Biggar on

In its first decision to consider the Supreme Court of Canada’s landmark decision in AstraZeneca Canada Inc v Apotex Inc, 2017 SCC 36 [Esomeprazole](see our article here) on the utility requirement, the Federal Court of...more

Views on Venue -- Take Two: Did the District of Delaware Get It Right?

We recently reported that Chief Judge Stark of the District of Delaware interpreted the second prong of the patent venue statute, 28 U.S.C. § 1400(b), in Bristol-Myers Squibb Company v. Mylan because the first prong was no...more

Delaware Chief Judge Issues Guidelines for Venue in Patent Cases

by Morgan Lewis on

The court finds that some physical presence is required to satisfy the venue standard. On September 11, 2017, Chief Judge Leonard Stark of the US District Court for the District of Delaware handed down two decisions...more

Bristol-Meyer Squibb: The Death Of “Forum Shopping” Or “Same Old-Same Old”

by SmithAmundsen LLC on

The United States Supreme Court recently decided that “California courts lack specific jurisdiction to entertain the nonresidents’ claims.” Bristol-Myers Squibb Co. v. Superior Court of California, No. 16-466 (U.S. June 19,...more

The Luck of The Draw: A Strong Preemption Ruling from an Anticoagulant MDL

by Reed Smith on

We have offered our view that cases seeking to impose liability based on well-known risks found with an entire class of prescription medications tend to be weak. We think design defect claims usually are clearly preempted in...more

Post-BMS Personal Jurisdiction Cheat Sheet

by Reed Smith on

In the wake of the defense wins during the last Supreme Court term in Bristol-Myers Squibb Co. v. Superior Court, 137 S.Ct. 1773 (2017) (“BMS”), and BNSF Ry. Co. v. Tyrell, 137 S. Ct. 1549 (2017), we’re retiring the personal...more

“We meant what we said” – U.S. Supreme Court Continues To Rein In Personal Jurisdiction

by McCarter & English, LLP on

This past term, the U.S. Supreme Court decided two matters in which it unequivocally held that state courts’ ability to assert personal jurisdiction over out-of-state defendants is limited under both general and specific...more

SCOTUS Finally Ends Litigation Tourism In Product Liability Suits

by Shipman & Goodwin LLP on

The United States Supreme Court fundamentally changed the practice of product liability litigation in the United States by finally doing away with the “litigation tourism” industry – the common practice of out-of-state...more

Breaking News - Bristol-Myers Squibb Slams The Door On Litigation Tourism

by Reed Smith on

The Supreme Court decided “the big one” today – and not to keep anyone in suspense [the big one is a major earthquake in California mass tort litigation], the result is that the California Supreme Court finding of personal...more

Bristol-Myers Squibb announces new pediatric subcutaneous administration option for Orencia® (abatacept)

by Goodwin on

We previously reported that the PTAB upheld the validity of Bristol-Myers Squibb’s ‘239 patent covering their rheumatoid arthritis agent Orencia® (abatacept). Since 2008, Orencia® has only been approved for use in patients 6...more

BNSF v. Tyrrell: Supreme Court Discourages Forum Shopping by Reaffirming Restrictive Daimler Test for General Jurisdiction

by Locke Lord LLP on

The U.S. Supreme Court in BNSF Railway Co. v. Tyrrell, 2017 WL 2322834 (2017) made it harder for plaintiffs to sue in states where their alleged injury did not occur by reversing the Montana Supreme Court’s attempt to assert...more

Rx IP Update - April 2017

by Smart & Biggar on

Teva awarded section 8 damages regarding pregabalin and olanzapine - On March 30 and April 4, 2017, the Federal Court released two decisions on the merits under section 8 of the Patented Medicines (Notice of...more

Supreme Court 4/25 Personal Jurisdiction Argument

by Reed Smith on

The other day, the United States Supreme Court heard argument in Bristol-Myers Squibb Co. v. Superior Court, No. 16-466 (U.S. argued April 24, 2017) (“BMS”) (link to transcript). We’ve blogged many times about the issues in...more

Just How Predictable Must the Invention Be to Lose Patent Protection? Depends on the Inventive Concept

by Bennett Jones LLP on

Only a true invention can be patented; a patent claim to an invention is not valid if the invention was obvious. Assessing obviousness can be thought of as bridging the gap between two cliffs: on one side is the existing...more

Another Court Tackles Prescription Drug Design Defect

by Reed Smith on

If you have been following along for a while, then you have surely run across our posts making some combination of the following points: 1) design defect claims rarely make sense for a drug because changing the design in...more

Your Daily Dose of Financial News

by Robins Kaplan LLP on

Activist investor Carl Icahn has taken a sizeable stake in Bristol-Myers Squibb, a move that reportedly caught execs at the drugmaker unawares and sets the stage for a potential sale....more

Why The Supreme Court Must Revisit Personal Jurisdiction

by Morrison & Foerster LLP on

In its most recent decisions on personal jurisdiction, the U.S. Supreme Court has reiterated the distinction between general personal jurisdiction on the one hand and specific personal jurisdiction on the other. As to...more

BMS settles Keytruda patent suit against Merck

by Goodwin on

As we previously reported, Bristol-Myers Squibb Co. and Ono Pharmaceutical Company sued Merck & Co. in 2015 alleging that Merck’s sale of Keytruda® infringes a patent directed to the use of anti-PD-1 antibody to treat...more

U.S. Supreme Court Will Hear Case That Could Limit Out-of-State Product Liability Actions

by Stinson Leonard Street on

In September, we discussed several new trends in jurisdiction, including an opinion—Bristol-Myers Squibb Co. v. Superior Court of San Francisco County—in which the California Supreme Court held that hundreds of non-California...more

What Part Did You Not Understand? Recent State-Court Decisions Require The U.S. Supreme Court To Address—Yet Again—The...

by Morrison & Foerster LLP on

In its most recent decisions on personal jurisdiction, the Supreme Court has reiterated the distinction between general personal jurisdiction on the one hand and specific personal jurisdiction on the other. As to the former,...more

Breaking News – Supreme Court Takes BMS Personal Jurisdiction Case

by Reed Smith on

The United States Supreme Court today granted certiorari in Bristol-Myers Squibb Co. v. Superior Court. Here is a link to the order. The California Supreme Court decision in this case was our worst case for all of 2016. ...more

PTAB Upholds Validity of BMS Patent

by Goodwin on

The PTAB issued a Final Written Decision upholding the validity of Bristol-Myers Squibb’s U.S. Patent 8,476,239, which had been challenged by Momenta in IPR2015-01537. According to documents filed with the PTAB during the...more

New Results Presented at ESMO: Merck’s Keytruda® Has Potential to be Used as First-Line Therapy for Non-Small Cell Lung Cancer

by Goodwin on

At yesterday’s European Society for Medical Oncology (ESMO) meeting, Merck Sharp & Dohme Corp. announced positive data from two studies regarding its Keytruda ® (pembrolizumab) biologic. According to Merck’s press release,...more

Pennsylvania’s Long Arm Overreaches The Constitution And Bauman

by Reed Smith on

The U.S. Supreme Court’s game-changing Bauman opinion in 2014 has us writing a lot on personal jurisdiction. A while back we marveled over how quickly lower courts have responded to Bauman. We had anticipated that it would...more

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