Johnson & Johnson

News & Analysis as of

Orrick's Antitrust and Competition Newsletter - April 2014

Shanghai High People’s Court Rules That Resale Price Maintenance Agreement Constitutes Monopolistic Agreement - The Shanghai High People’s Court recently made available its Aug. 1, 2013 final judgment overruling the...more

Stay Off My Turf! How to Protect Field of Use in a Biotechnology License Agreement

To protect a licensor’s rights, a key element of a biotech license is the licensor’s right to restrict the scope of the license by limiting the field of use, often to a particular disease area. But the license agreement only...more

Consumer Group Encourages AG Probe into J&J Document Destruction

The U.S. Attorney General’s office says it is reviewing an open letter submitted by a consumer group encouraging a criminal probe into the destruction by Johnson & Johnson (J&J) of pelvic mesh litigation documents....more

The Penalty Game

Johnson and Johnson (J&J) and its subsidiary Janssen Pharmaceuticals have been dealing with multiple lawsuits stemming from its drug Risperdal. Shortly after dodging a $1.2 billion judgment in Arkansas, J&J has returned its...more

J&J Gets $1.2 Billion Pass on Risperdal Fine

Two years ago, healthcare giant Johnson & Johnson was facing a $1.2 billion judgment after a jury determined J&J concealed the risks of its antipsychotic drug Risperdal while it aggressively and improperly marketed it...more

After Arkansas Supreme Court Reverses $1.2 Billion Medicaid False Claims Verdict, Will State Attorneys General Rethink the Use of...

On March 20, 2014, the Arkansas Supreme Court reversed a $1.2 billion judgment against Johnson & Johnson and its related companies over alleged Medicaid fraud stemming from the off-label marketing of the drug Risperdal. This...more

Kickbacks, Misbranding and Criminal Accusations: Johnson & Johnson Agrees to Pay $2.2 Billion to End Investigations

The once-trusted healthcare products giant Johnson & Johnson entered into an agreement in November with the U.S. Department of Justice to pay one of the largest healthcare fraud settlements in U.S. history. ...more

The $330-Million Dollar Question

The question every false claims defendant must face is whether to pursue litigation or simply concede and settle. While many shy away from litigation, opting for an expensive but certain resolution, for Johnson & Johnson and...more

Reverse payment deals under the microscope in the EU

Lessons from the latest Commission decision on agreements affecting generic entry: - The European Commission’s crack down on so-called “reverse payment” agreements continues. - In the EU these agreements may...more

Hodgson Russ Helps Clients in Largest-Ever False Claims Act Settlement In Risperdal Lawsuits Against Johnson & Johnson

The Justice Department announced that Johnson & Johnson will pay $1.273 billion to the federal government and most states to settle a civil False Claims Act investigation into its off-label marketing of its antipsychotic drug...more

J&J Will Propose a $4 Billion DePuy Hip Implant Settlement for Injured Plaintiffs

Johnson & Johnson manufacturer of DePuy Orthopedics Inc., ASR Hip Implant Products will reportedly propose a $4 billion DePuy hip implant settlement to resolve more than 7,500 lawsuits that have been filed against the company...more

J&J Will Pay $2.2 Billion and Enter 5-Year CIA to Settle Off-Label and Kickback Charges

This week, the DOJ announced that J&J has agreed to pay over $2.2 billion in civil and criminal fines in one of the nation’s largest ever health care fraud settlements. As part of the resolution, J&J subsidiary Jannsen will...more

Resolution for DePuy ASR Cases Still Far Down the Road

As many already know, over 10,000 lawsuits have been field across the country against Johnson & Johnson, the manufacturer of the Depuy ASR model hip. This particular model, which had been recalled in July, 2010, has a...more

Watch Out for “Watchdogs”: The N.J. Appellate Division Expressly Expands CEPA Protection To a New Class of Employees

On September 4, 2013, the New Jersey Appellate Division in Lippman v. Ethicon, Inc., Docket No. L–9025–06, 2013 WL 4726834 (App. Div. September 04, 2013), reversed a ruling by the Superior Court, Law Division granting summary...more

BakerHostetler Patent Watch: Rembrandt Vision Techs., Inc. v. Johnson & Johnson Vision Care, Inc.

An expert witness may not testify to subject matter beyond the scope of the witness's expert report unless the failure to include that information in the report was "substantially justified or harmless."...more

Brandaide® does not equal Band-Aid®

Choosing a great brand name that is strong and protectable is not always easy. But then what happens when you decide to protect that brand by filing for a trademark registration, and someone tries to stop you?...more

Increased cGMP Enforcement has Gone International: South Korean Action Against Johnson & Johnson Serves as Warning

In Brief - In both the United States and abroad, food and drug regulatory and enforcement agencies are increasing current Good Manufacturing Practices enforcement, including criminal sanctions....more

White Collar Watch - June 2013

In This Issue: - Tools of the Trade: BP Case Shows Advantage of Pretrial Motions - Increased cGMP Enforcement has Gone International: South Korean Action Against Johnson & Johnson Serves as Warning - DoD...more

Transvaginal Mesh Cases Move Forward

In 2006 Linda Gross, a nurse from South Dakota, was diagnosed with pelvic organ prolapse (POP). Ms. Gross received a Gynecare Prolift transvaginal mesh implant that later caused neurological complications and scarring. ...more

Verdicts In Johnson & Johnson Hip Implant Lawsuits

In 2005, officials at DePuy Orthopaedics knew their Articular Surface Replacement (ASR) hip implant system had problems. DePuy, a subsidiary of health care products manufacturer Johnson & Johnson, introduced the ASR outside...more

FDCA Express Preemption Victory in Benecol Misbranding Class Action

A recent Third Circuit case brings good news for defendants making express preemption arguments under the Food, Drug and Cosmetic Act (FDCA) in misbranding class actions. Last week, the court affirmed the dismissal of a...more

DePuy Wants to Slip Away From Metal Hip Jury Verdict

Johnson & Johnson (J&J) has requested that an $8.3 million judgment against the company over its DePuy metal-on-metal (MoM) hip implant be put on hold....more

Johnson & Johnson Recall: Blood Glucose Meters

In March 2013, LifeScan, a division of Johnson & Johnson, announced a voluntary recall and replacement of approximately 90,000 blood glucose meters in the United States and nearly 2 million meters worldwide. According to the...more

One Cross – Two Cross – Red Cross – Blue Cross: Trademark Development Traps

Trademarks and service marks are valuable in all areas of commerce, and health care is not an exception. Providers of health care-related goods and services rely upon trademarks and service marks to identify the sources of...more

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