News & Analysis as of

Contraceptives

Federal Circuit Finds NuvaRing Patent Nonobvious Without Hindsight

by Foley & Lardner LLP on

In a non-precedential decision issued in Merck Sharp & Dohme B.V., v. Warner Chilcott Co. LLC, the Federal Circuit reversed the district court’s obviousness ruling as being improperly grounded in hindsight. This decision...more

Second Circuit Affirms Exclusion of Plaintiffs’ Experts – and Summary Judgment for Defendant – in Mirena MDL

by Reed Smith on

As we write this, our fair city remains in a blissful haze following our Eagles’ 33-10 rout of the 49’ers to go 7-1 in the NFC East, so it might be appropriate to call today’s opinion a “touchdown.” On the other hand, the...more

Interim Final Rules Expand Contraceptive Coverage Exemption Based on Religious/Moral Beliefs

by Reed Smith on

The Trump Administration has issued interim final rules to make it easier for employers and health insurance plans to qualify for an exemption from ACA rules mandating coverage of contraceptive services without cost sharing...more

How an Uncommonly Silly Law Led to a Host of Very Consequential Supreme Court Decisions

by Cohen & Gresser LLP on

In 1879, Connecticut passed a law barring the use of “any drug, medicinal article or instrument for the purpose of preventing conception”; the penalty was“not less than fifty dollars” or between 60 days and one year in...more

White House Expands Exemptions to ACA Contraceptive Mandate

by Robinson & Cole LLP on

The Department of Health and Human Services (HHS) issued interim final rules on October 6, 2017, expanding exemptions to protect religious beliefs and moral convictions for certain entities and individuals whose health plans...more

Exemption To ACA Contraceptive Mandate Extended To For-Profit Entities And Individuals

by Jackson Lewis P.C. on

Under the ACA, employers must provide plans that cover birth control and other preventative health services with no out-of-pocket costs. Certain religious employers with religious objections to providing contraceptive...more

Trump Administration Broadens Employer Exemption from ACA's Contraceptive Coverage Requirements

by Baker Donelson on

On October 6, the Trump Administration issued two new interim final rules that significantly expand exemptions for employers to the ACA's requirements to provide free contraceptive coverage. The new regulations, effective...more

Contraceptive Coverage Mandate Exemptions Expanded Under Interim Final Rules

by Benesch on

Last week the Department of Treasury, U.S. Department of Labor, Department of Health and Human Services (Departments) published rules exempting employers from the contraceptive coverage mandate created under the Affordable...more

White House Narrows ACA Contraception Mandate

by Fisher Phillips on

The Department of Health and Human Services (HHS) just issued new rules which will limit the contraception coverage mandate covering employers under the Affordable Care Act (ACA). The new rules, released Friday, expand the...more

Law Review Article Argues that Contraception Mass Torts Injured Consumers

by Reed Smith on

It is bad enough that the mass tort system in our country approximates a system of jackpot justice that, if it ever does justice among the parties, does so accidentally. But its wild inefficiencies and inconsistencies also...more

Massachusetts Rebuffs Latest Plaintiff Attack on Reproductive Choice

by Reed Smith on

We’ve often thought that tort reform should be a major goal of those interested in preserving women’s reproductive choice. Every prescription medicine has risks, which is why the FDA requires a prescription in the first...more

Where to Draw the Line: Who Gets to be Exempt?

by Freeborn & Peters LLP on

Legal challenges to controversial provisions in the Affordable Care Act (ACA) continue to work their way though the courts. In a follow-on to the Supreme Court’s decisions in Burwell v. Hobby Lobby and Zubik v. Burwell...more

Manatt on Health Reform: Weekly Highlights - August 2016 #2

CMS targets Medicaid managed care pass-through payments; California proposes “California Qualified Health Plans” for the undocumented; and a new study finds out-of-pocket costs were reduced by nearly a third for Medicaid...more

Federal Court Dismisses Essure Complaint

by Reed Smith on

A couple of weeks ago we reported on our visit to the Women’s Health Litigation Conference. One of the conference panels discussed the most interesting ongoing litigations involving women’s health products. Essure, a...more

Massachusetts develops a remote controlled contraceptive chip

Ladies and gentlemen, introducing the remote controlled contraceptive computer chip. Releasing measured doses of the levonorgestrel hormone, these computer chips can be implanted under a woman’s skin as a new form of birth...more

Essure Medical Device Faces Attacks on Multiple Fronts

The threat of a hunger strike against the Food and Drug Administration, a Facebook page titled “Essure Problems Lawsuit” and a congressional bill calling for a recall of the female contraceptive manufactured by Bayer have...more

Employee Benefits Developments August 2015

by Hodgson Russ LLP on

Certain Closely Held For-Profit Employers Need Not Provide Women’s Contraceptive Services. Under the ACA, non-grandfathered group health plans must cover specified preventive services, including certain women’s preventive...more

Bayer Intellectual Property GmbH v. Warner Chilcott Co.

by Robins Kaplan LLP on

Case Name: Bayer Intellectual Property GmbH v. Warner Chilcott Co., LLC, 12-1032-GMS, 2015 U.S. Dist. LEXIS 52061 (D. Del. Apr. 21, 2015) (Sleet, J.) - Drug Product and Patent(s)-in-Suit: Lo Loestrin® Fe (norethindrone...more

Religious Institutions: August 2015

by Holland & Knight LLP on

The decision by the United States Supreme Court on same-sex marriage has been greeted with praise and disdain by different corners of the country. The faith-based community has been especially outspoken. This is not...more

RLUIPA Round-Up

After a brief summer hiatus, RLUIPA Defense is back with another edition of the Round-Up.  What better way to kick things off than with news about the Satanic Temple of Detroit, which recently unveiled “The Satanic Temple...more

Government Finalizes Religious Accommodation, But What About Health Plans, TPAs and PBMs?

In a set of rules published last week, the government finalized a July 2010 interim final rule (“IFR”) related to coverage of certain preventive services and an August 2014 IFR regarding the definition of an eligible...more

Departments Issue Additional Guidance on Preventive Services

by Franczek Radelet P.C. on

The Departments of Labor (DOL), Health and Human Services (HHS), and Treasury (collectively, the Departments) issued guidance in the form of FAQs on the ACA’s preventive services mandate. The ACA requires non-grandfathered...more

Religious Institutions: June 2015

by Holland & Knight LLP on

Religious institutions commonly make payments to or receive payments directly or indirectly from governmental agencies for services rendered; e.g., day cares that benefit from public scholarships, hospitals that participate...more

Religious Institutions Update: March 2015

by Holland & Knight LLP on

Several interrelated legal developments make it more important than ever for religious institutions intending to qualify for exemptions to generally applicable laws to do the hard work before litigation or administrative...more

The Contraception Coverage Controversy Continues…

As we have been discussing, the Affordable Care Act (“ACA”) requires all health plans to cover preventive health services for women, including all Food and Drug Administration (“FDA”)-approved contraceptives, at no cost (i.e....more

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