News & Analysis as of

Abbott Laboratories

Console and Associates, P.C.

The Use of Depakote by Pregnancy Women Linked to Serious Birth Defects

Over ten years ago, the Food and Drug Administration (FDA) determined that pregnant women who take Depakote (valproate) have a much higher chance of giving birth to a baby who suffers low IQ or a birth defect. In response,...more

Robins Kaplan LLP

Abbott Labs Strikes Deal with FDA to Resume Baby Formula Production in U.S.

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Abbott Laboratories, the maker of Similac baby formula and the company at the heart of America’s current formula shortage, has reportedly “reached an agreement with U.S. health officials to restart production at its largest...more

Hogan Lovells

Coronavirus: The Hill and the Headlines, December 2020 # 12

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In Washington: The “four corners”— House Speaker Nancy Pelosi (D-CA), House Minority Leader Kevin McCarthy (R-CA), Senate Minority Leader Chuck Schumer (D-NY), Senate Majority Leader Mitch McConnell (R-KY)—are reportedly...more

Groom Law Group, Chartered

Cybertheft Lawsuit: ERISA Fiduciary Breach Claims Dismissed Against Plan Sponsor but Move Forward Against Recordkeeper

On October 2, 2020, the Northern District of Illinois ruled on motions to dismiss in a closely-watched cybertheft lawsuit arising out of the theft of $245,000 from a participant’s account in the Abbott Laboratories Stock...more

Hogan Lovells

Coronavirus: The Hill and the Headlines – COVID-19 D.C. Update – August 2020 # 19

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In Washington - House Speaker Nancy Pelosi (D-CA) sent clear signals to the Trump administration that Democrats are not going to engage in anything less but serious negotiations on a coronavirus relief package....more

Morgan Lewis

Statewide CCPA Enforcement Post-Abbott Labs

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The California Consumer Privacy Act authorizes only the state attorney general to enforce the statute, but a pending statutory amendment and a recent California Supreme Court ruling could end up expanding enforcement power to...more

Ary Rosenbaum - The Rosenbaum Law Firm P.C.

Abbott Case Proves Cyber Theft Is A Serious Matter

With everything 401(k) related being online, cyber security is important for plan sponsors, plan providers, and plan participants. A former employee of Abbott Laboratories sued the company and its record keeper, Alight...more

McDonnell Boehnen Hulbert & Berghoff LLP

PTAB Life Sciences Report - February 2020

About the PTAB Life Sciences Report:  We will periodically report on developments at the PTAB involving life sciences patents. Abbott Laboratories v. Edwards Lifesciences Corp. PTAB Petition:  IPR2020-00480; filed January...more

Smart & Biggar

Rx IP Update - January 2019

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IN THIS ISSUE: -Abbott/Takeda permitted to plead that a third party’s patent would be infringed by alleged non-infringing alternative - PMPRB News: **PMPRB issues a Notice of Hearing for allegations of excessive...more

Smart & Biggar

Abbott/Takeda permitted to plead that a third party’s patent would be infringed by alleged non-infringing alternative

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On the eve of a section 8 trial, the Ontario Superior Court granted Abbott and Takeda leave to amend their pleadings to assert that Apotex’s purported non-infringing alternative (NIA) was unlawful as it would have infringed a...more

Robinson+Cole Data Privacy + Security Insider

Abbott Laboratories Releases Patches for Cardiac Devices

Abbott Laboratories has issued software patches to some of its implantable cardiac devices (manufactured by St. Jude) for cybersecurity flaws and battery issues that have plagued the devices, necessitating the U.S. Food and...more

Lathrop GPM

Missouri Adopts High Burden for Venue Challenges and Affirms a $23 Million Punitive Damages Award Based, in Part, on a...

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On September 12, 2017 the Missouri Supreme Court handed down its 4-3 opinion in Barron v. Abbott Laboratories, Inc., SC96151, dealing a significant blow to businesses who seek to transfer cases from Missouri trial venues...more

Robins Kaplan LLP

Your Daily Dose of Financial News

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Late last week, financial services company Raymond James agreed to resolve allegations of conspiring with the owner of several VT ski resorts (and others) in a Ponzi scheme targeting foreign investors through the EB-5...more

Morrison & Foerster LLP

Another Step Toward Reasonable Preemption Case Law

Last month, the Sixth Circuit affirmed a complete defense verdict for Abbott Laboratories Inc. which was based in part on branded drug preemption. Rheinfrank v. Abbott Laboratories Inc., Case No. 16-3347, 2017 WL 680349 (6th...more

Smart & Biggar

Ontario Superior Court dismisses summary judgment motion in Lansoprazole Section 8 Claim

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On February 27, 2017, the Ontario Superior Court of Justice (2017 ONSC 1348) dismissed a motion for summary judgment brought by Abbott Laboratories and Takeda Pharmaceuticals, the defendants in an action for damages brought...more

Smart & Biggar

Rx IP Update - March 2017

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Tribunal dismisses Eli Lilly’s NAFTA challenge on promise utility doctrine - As previously reported, Eli Lilly submitted claims to international arbitration under the North American Free Trade Agreement (NAFTA) seeking...more

Bennett Jones LLP

A Wise Decision: Recent Lessons on Evidence in Class Actions

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Wise v Abbott Laboratories, Limited, 2016 ONSC 7275 was a recent pre-certification summary judgment decision, which was released after the Divisional Court's decision this past summer in Dine v Biomet Inc, 2016 ONSC 4029....more

Burns & Levinson LLP

Stopping The Sale of Gray-Market Medical Devices

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On November 3, 2016, the US Court of Appeals for the Second Circuit approved an injunction against about 200 importers and sellers preventing them from importing and selling gray market blood-glucose test strips. The case was...more

Bennett Jones LLP

Association Alone Does Not Equal Causation in Product Liability Cases

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Class Action Case Update: Justice Perell's recent decision in Wise v Abbott Laboratories, Limited, 2016 ONSC 7275 addressed a number of key areas of interest for the class action bar....more

Bennett Jones LLP

Shoot to Kill: Expert Bias is an Issue of Admissibility

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Class Action Case Update: Justice Perell's recent decision in Wise v Abbott Laboratories, Limited, 2016 ONSC 7275 addressed a number of key areas of interest for the class action bar. ...more

Bennett Jones LLP

Trumpian Logic Fails in Recent Pharma Class Action Decision

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Class Action Case Update: Justice Perell's recent decision in Wise v Abbott Laboratories, Limited, 2016 ONSC 7275 addressed a number of key areas of interest for the class action bar. Justice Perell's recent decision in...more

Proskauer Rose LLP

Second Circuit Affirms Preliminary Injunction of "Identical" Gray Goods

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Earlier this month in Abbott Laboratories v. Adelphia Supply USA et al, the Second Circuit affirmed a district court's grant of a preliminary injunction halting the alleged sale of gray-good diabetes test strips made by...more

Foley Hoag LLP - Making Your Mark

A Difference With A Distinction: The Second Circuit Upholds Preliminary Injunction In Parallel Imports Case

In Abbott Laboratories, et al. v. H&H Wholesale Services, Inc., et al., the United States Court of Appeals for the Second Circuit affirmed a preliminary injunction issued in a trademark case focused on the parallel...more

Dorsey & Whitney LLP

Omnicare Inc. Settles Kickback Allegations for $28 Million

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The United States Justice Department (DOJ) announced this week that Omnicare, Inc. (Omnicare), the largest nursing home pharmacy in the United States, will pay approximately $28 million dollars to resolve charges that it...more

Akin Gump Strauss Hauer & Feld LLP

Federal Circuit Finds Adequate Written Description Support Under the Doctrine of Inherent Disclosure

On September 20, 2016, the Federal Circuit issued an opinion affirming a judgment by the District Court for the District of Columbia finding the claims of Abbott GMBH & Co. KG’s (“Abbott”) U.S. Patent No. 5,344,915 (the “’915...more

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