In a significant ruling involving both intellectual property rights and competition policy, the Supreme Court of the United States held in a 5–3 decision issued on June 17 that patent litigation settlements involving “reverse...more
On June 17, 2013, after years of litigation in the lower courts, the United States Supreme Court issued its long-awaited decision in FTC v. Actavis. The 5-3 decision, however, did not have a clear winner, and the case was...more
In the most significant patent antitrust decision in decades, Federal Trade Commission v. Actavis, Inc., No. 12-416, 2013 WL 2922122 (June 17, 2013), the Supreme Court has held, by a 5-3 vote with Justice Alito recused, that...more
SUMMARY OF DECISION - In FTC v. Actavis, Inc., 570 U.S. ____ (Slip Op. June 17, 2013), the Supreme Court addressed for the first time the underlying antitrust merits of the Federal Trade Commission’s long-running...more
The Supreme Court ruled 5-3 on June 17, 2013 in favor of the Federal Trade Commission in FTC v. Actavis. Writing for the majority that included Justices Kennedy, Ginsburg, Sotomayor and Kagan, Justice Breyer’s opinion...more
In Federal Trade Commission v. Actavis, Inc., No. 12-416, 2013 U.S. LEXIS 4545 (U.S. June 17, 2013), the U.S. Supreme Court reversed the Eleventh Circuit decision in FTC v. Watson Pharmaceuticals, Inc., 677 F.3d 1298 (2012),...more
Earlier this week in FTC v. Actavis, No. 12-416 (U.S. Jun. 17, 2013), the Supreme Court handed down its long-anticipated ruling on “reverse payment” or “pay-for-delay” agreements, holding that these agreements—while not...more
The Supreme Court has held that the antitrust laws may forbid patent settlements that delay the market entry of generic drugs in return for large payments from manufacturers of competing branded drugs....more
The Supreme Court ruled 5-3 today in favor of the Federal Trade Commission in FTC v. Actavis, Inc. Writing for the majority that included Justices Kennedy, Ginsburg, Sotomayor and Kagan, Justice Breyer's opinion reversed the...more
The Federal Trade Commission (FTC) has the right to sue when big pharmaceutical companies pay smaller firms to keep generic drugs off the market, the U.S. Supreme Court ruled today...more
In This Issue: Firm News: ..Quinn Emanuel to Open Sydney Office ..Firm Expands Mass Torts and Products Liability Practice ..Susheel Kirpalani Named a 2012 “Dealmaker of the Year” by The American...more
In March, the U.S. Supreme Court held oral argument in Mutual Pharmaceutical Co. v. Bartlett, concerning whether design-defect claims against generic drug companies are preempted by federal law. Although the case addresses...more
Bowman v. Monsanto Co. - Decided: 5/13/2013 - Patent - Holding: (9-0) Patent rights are exhausted for only original seed sold. Bowman, a farmer, purchased and planted Monsanto’s patented...more
An interesting debate recently occurred in the New England Journal of Medicine between a physician and the U.S. Food and Drug Administration (FDA) regarding whether the letters X and Z are used too frequently in...more
About Court Report: Each week we will report briefly on recently filed biotech and pharma cases. Fresenius Kabi USA LLC v. Dr. Reddy's Laboratories Ltd. et al. 1:13-cv-00925; filed May 23, 2013 in the District...more
On May 14, 2013, the French Autorité de la Concurrence (Autorité) issued a decision imposing a fine of €40.6 million on French company Sanofi-Aventis France (Sanofi) for an abuse of dominance in the market for the...more
About Court Report: Each week we will report briefly on recently filed biotech and pharma cases. AbbVie Inc. v. Hetero USA Inc. et al. 1:13-cv-00852; filed May 15, 2013 in the District Court of Delaware - •...more
Pharmaceuticals, Medical Devices, Health Care & Life Sciences - ..Drugs - Approval of Innovative Drugs and Key Sector Generic Drugs to be Expedited (Shanghai Securities Journal 2013-04-23): Given the...more
In 2005, Karen Bartlett visited her doctor complaining of shoulder pain. Her doctor prescribed Sulindac, a nonsteroidal anti-inflammatory drug used to relieve pain and address symptoms of arthritis. Ms. Bartlett was dispensed...more
About Court Report: Each week we will report briefly on recently filed biotech and pharma cases. Eisai R&D Management Co., Ltd. v. Rea - 1:13-cv-00548; filed May 2, 2013 in the Eastern District of...more
About Court Report: Each week we will report briefly on recently filed biotech and pharma cases. Mayo Foundation for Medical Education and Research v. ARUP Laboratories, Inc. - Infringement of U.S. Patent Nos....more
On April 10, 2013, President Obama released his budget proposal for fiscal year (FY) 2014 (the Budget). The President reiterated his long-standing goal of reducing the deficit by $4.3 trillion over 10 years and his...more
In This Issue: - Ask Congress to Hold Generic Drug Makers Accountable - Ruling May Leave You Vulnerable to Unsafe Generic Drugs - By the Numbers - Bookmark Favorites - What's Your Drug Safety IQ? -...more
The Australian Government has continued with the trend of reviewing Australian patent law by commissioning a review of laws relating to patents for medicines ie pharmaceutical patents. The Pharmaceutical Patents Review Panel...more
The Sixth Circuit recently held that a failure-to-warn claim could proceed against a generic manufacturer that had failed to timely follow the brand-name label. Fulgenzi v. Pliva Inc., Case No. 12-3504 (6th Cir. March 13,...more
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