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|Supreme Court to Review Federal Circuit Test for Willful Patent Infringement|
Paula K. Colbath, Kathleen M. Gersh; Loeb & Loeb LLP;
October 26, 2015, previously published on October 2015The U.S. Supreme Court will review the Federal Circuit’s test for determining willful patent infringement at the request of two patent holders that assert that the two-part test is too rigid and conflicts with the recent Supreme Court decision in Octane Fitness.
|CJEU Decides on Calculation of SPC Term|
Christian B. Fulda, Tetiana Kharkovets; Jones Day;
October 23, 2015, previously published on October 2015The European Court of Justice ("CJEU") has decided on a matter of great importance for applicants of pharmaceutical patents who have already obtained a supplementary protection certificate ("SPC") on the basis of a marketing authorization ("MA") or who intend to do so....
|Metal-on-Metal Hip Implants Pose Potential Risk for Patients|
Sara E. Coopwood; Waters & Kraus, LLP;
April 22, 2015, previously published on March 25, 2015Metal-on-metal hip implants can lead to metal debris migrating from the device into the blood and surrounding tissue, according to the European Commission’s (EC’s) Scientific Committee on Emerging and Newly Identified Health Risks (SCENIHR). The EC described the potential health risk in...
|New England Executives Get an Inside Look at Israeli Innovation|
Aaron R. Katz; Greenberg Traurig, LLP;
April 2, 2015, previously published on March 26, 2015Israel is home to more than 750 medical device companies, 300 pharmaceutical/biotech companies, and 170 other life science or healthcare IT companies. David Dykeman, co-chair of Greenberg Traurig’s Life Science & Medical Technology Group, describes Israel as a “biomedical and...
|IRS Ruling Permits Inclusion of “Friendly PCs” in Consolidated Federal Income Tax Returns|
Theresa C. Carnegie, Ryan J. Cuthbertson, Carrie A. Roll, Jonathan R. Talansky; Mintz, Levin, Cohn, Ferris, Glovsky and Popeo, P.C.;
March 30, 2015, previously published on February 13, 2015On December 19, 2014, the Internal Revenue Service (“IRS”) issued a private letter ruling (the “Ruling”) allowing corporations that manage physician practices through a so-called “friendly physician” arrangement to treat the physician practices as members of the...
|U.S. Supreme Court Directs Lower Court to Rebalance Religious Freedom With Government Mandated Women’s Contraceptive Health Benefits for Religious Nonprofit Organizations|
Dave C. Bromund; Taft Stettinius & Hollister LLP;
March 25, 2015, previously published on March 12, 2015In its continuing consideration of the proper balance of religious freedom against government mandated women’s contraceptive health benefits, the U.S. Supreme Court vacated the 7th Circuit Court of Appeals’ 2014 decision against the University of Notre Dame’s religious objections...
|Supreme Court Limits Antitrust Immunity for Certain State Agencies|
Robert B. Craig, Aaron M. Herzig; Taft Stettinius & Hollister LLP;
March 25, 2015, previously published on March 2, 2015Last week, the United States Supreme Court issued an opinion that will have a broad impact on how states regulate professions through agencies and licensing boards. In North Carolina State Board of Dental Examiners v. FTC, No. 13-534, 574 U.S. &under;&under; (2015), the court ruled that the...
|$195 Million Awarded for Failure to Negotiate in Good Faith; PharmAthene, Inc. v. SIGA Technologies, Inc.|
David A. Charapp; Duane Morris LLP;
March 18, 2015, previously published on February 9, 2015In 2011, I wrote about the PharmAthene, Inc. v. SIGA Technologies, Inc. case, in which the Delaware Chancery Court found that SIGA Technology Inc. failed to negotiate in good faith with PharmAthene, Inc. for the grant of a license to SIGA’s smallpox drug known as ST-246. This case provided an...
|Whole Foods, Bleating Heart Cheese Recall Contaminated Products|
Stephen J. Burg, Stephen J. Burg; Burg Simpson Eldredge Hersh & Jardine, P.C.;
March 12, 2015, previously published on January 5, 2015Bleating Heart Cheese, a food supplier, expanded a recall originally announced Dec. 17, according to a U.S. Food and Drug Administration press release. The company recalled all of its sheep-, goat-, water buffalo- and cow-milk cheeses that were produced between Feb. 14 and Sept. 19 because of...
|2 Weight Loss Supplements Recalled For Containing Potentially Dangerous Drugs|
Stephen J. Burg; Burg Simpson Eldredge Hersh & Jardine, P.C.;
March 12, 2015, previously published on December 24, 2014Bethel Nutritional Consulting, Inc. recalled two of its products at the consumer level after the U.S. Food and Drug Administration found they contained undeclared medications. Bethel's SLIM-K and B-Lipo products both have ingredients that are unapproved drugs under federal law and could be...