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HTMLFederal Circuit Jurisdiction Over Patent Contract Disputes
Courtenay C. Brinckerhoff; Foley & Lardner LLP;
Legal Alert/Article
October 15, 2014, previously published on October 9, 2014
In a precedential order issued in Jang v. Boston Scientific Corp., the Federal Circuit held that it has jurisdiction over the parties’ patent-related contract dispute under Gunn v. Minton even though the patents at issue have been invalidated. Despite having found Federal Circuit...


HTMLOIG Issues Special Advisory Bulletin and Report Emphasizing Prohibition on Copay Coupons for Federally Reimbursable Medications (Including Part D Covered Drugs), Notes Potential Antikickback Violations
Loeb Loeb LLP;
Legal Alert/Article
October 14, 2014, previously published on September 2014
According to the OIG, “Pharmaceutical manufacturers that offer copayment coupons may be subject to sanctions if they fail to take appropriate steps to ensure that such coupons do not induce the purchase of Federal health care program items or services.”


HTMLFederal Circuit Hears Arguments in Other Myriad Gene Patents Case
Courtenay C. Brinckerhoff; Foley & Lardner LLP;
Legal Alert/Article
October 13, 2014, previously published on October 7, 2014
On October 6, 2014, the Federal Circuit heard oral arguments in a case involving the claims of the Myriad gene patents that were not invalidated by the Supreme Court’s 2013 decision. The Federal Circuit is reviewing the district court’s denial of Myriad’s motion for a preliminary...


HTMLEEOC Files Suit over Common Severance Agreement Language
Joseph F. Spitzzeri; Johnson & Bell, Ltd.;
Legal Alert/Article
October 8, 2014, previously published on September 2014
On February 7, 2014, the Chicago Office of the Equal Employment Opportunity Commission (EEOC) filed a lawsuit against CVS Pharmacy, Inc. alleging its separation agreements violate Section 707 of the Civil Rights Act of 1964. The Chicago office is widely recognized as the most aggressive of the...


HTMLCanada and the EU Successfully Conclude CETA: What It Means to the Pharmaceutical Industry
Steven Mason, Sanjaya Mendis; McCarthy Tétrault LLP;
Legal Alert/Article
October 7, 2014, previously published on October 2, 2014
On September 26, 2014, Prime Minister Harper announced that Canada and the European Union have successfully concluded negotiations on a new trade agreement, the Comprehensive Economic and Trade Agreement (CETA) that was five years in the making, and publicly released the consolidated text of the...


HTMLDEA Releases Final Rule on Disposal of Controlled Substances
Duane Morris LLP;
Legal Alert/Article
October 3, 2014, previously published on September 26, 2014
On September 9, 2014, the U.S. Drug Enforcement Administration (DEA) released notice of a final rule governing the disposal of controlled substances (the "Final Rule"). The Final Rule implements the Secure and Responsible Drug Disposal Act of 2010 (the "Disposal Act"), and...


HTMLResearchers Link Use of Benzodiazepines to Elevated Risk of Alzheimer’s
Jennifer L. Keel; Burg Simpson Eldredge Hersh & Jardine, P.C.;
Legal Alert/Article
September 30, 2014, previously published on September 17, 2014
Researchers from the University of Bordeaux in France and the University of Montreal found a link between the use of benzodiazepines - medications used to treat anxiety and sleep issues such as insomnia - and an elevated risk of Alzheimer's disease. Common benzodiazepines are Valium, Xanax and...


HTMLLessons from GlaxoSmithKline’s Record $492 Million Bribery Fine in China
Graham Erion, Weiguo (William) He, Matthew A. Kersten; Davis LLP;
Legal Alert/Article
September 25, 2014, previously published on September 23, 2014
On September 19, 2014, pharmaceutical giant GlaxoSmithKline plc (GSK) announced that its Chinese subsidiary had been found guilty of bribing health officials in the country and was forced to swallow a 3 billion yuan ($492 million CDN) penalty, the largest corporate fine in China’s history....


HTMLUpdate on Mayo Myriad Patent Eligibility From USPTO BCP Partnership Meeting
Courtenay C. Brinckerhoff; Foley & Lardner LLP;
Legal Alert/Article
September 23, 2014, previously published on September 18, 2014
On September 17, 2015, the USPTO held the first “bicoastal” Biotechnology/Chemical/Pharmaceutical Customer Partnership meeting, with live participation from the USPTO’s main campus in Alexandria, VA and from San Jose University in San Jose, CA. The last item on the agenda was a...


Adobe PDFCourt Finds Likelihood of Confusion Between 'Fuci-' Marks
Maria Athanassiadou; Dr. Helen Papaconstantinou, John Filias & Associates;
Legal Alert/Article
September 22, 2014, previously published by WTR Daily, part of World Trademark Review on June 2014
In Decision No 4305/2014, the Athens Three-Member Administrative Court of First Instance, Division 25, has reversed a decision of the Administrative Trademark Committee in which the latter had rejected an opposition against the registration of the mark FUCIRICIN. In 2005 Greek company IATOR AE's...


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