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Medical Devices › Abuse of Discretion

Morrison & Foerster LLP - Left Coast Appeals

This Week at the Ninth: Biomaterials and Unclean Hands

Morrison & Foerster LLP - Left Coast Appeals on

This week, we take a look at the Ninth Circuit’s decisions construing the Biomaterials Access Assurance Act’s immunity for “biomaterials suppliers” and addressing the standard of review when a district court grants summary...more

Sands Anderson PC

Fourth Circuit Excludes FDA Evidence in Transvaginal Mesh Products Liability Case

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In the Southern District of West Virginia, Johnson & Johnson and its subsidiary, Ethicon, Inc., were sued for defective design and failure to warn for their transvaginal mesh TVT-O, in addition to a loss of consortium claim....more

Knobbe Martens

Supreme Court Makes it Easier for Medical Device Companies to Recover Enhanced Damages for Patent Infringement

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The Patent Act provides that, in a case of infringement, courts “may increase the damages up to three times the amount found or assessed.” Previously, in order to recover enhanced damages under the Patent Act, a patent owner...more

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