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HTMLDistrict Court Finds Genetic Technologies Patent Invalid Under 101 on Motion to Dismiss
Courtenay C. Brinckerhoff; Foley Lardner LLP;
Legal Alert/Article
November 14, 2014, previously published on November 6, 2014
Judge Stark of the U.S. District Court for the District of Delaware granted defendants’ motion to dismiss Genetic Technologies, Ltd.’s patent infringement suit with regard to claim 1 of U.S. Patent 5,612,179 on the basis that the claimed sequence analysis method is invalid under 35 USC...

 

HTMLColorado Board of Health Amends Quality Management Plan and Confidentiality Regulations
Fred Miles; Husch Blackwell LLP;
Legal Alert/Article
November 12, 2014, previously published on November 3, 2014
Recently, the Colorado Board of Health adopted amendments to Colorado Department of Public Health and Environment (CDPHE) regulations regarding Quality Management Plans of licensed healthcare facilities that are mandated by state statute.

 

HTMLA Peek at the 60 Minutes GenePeeks Patents
Courtenay C. Brinckerhoff; Foley & Lardner LLP;
Legal Alert/Article
November 12, 2014, previously published on October 29, 2014
On October 26, 2014, 60 Minutes aired a story called “Breeding Out Disease” that included a segment about GenePeeks, a company that uses genetic information from prospective parents to make thousands of “digital babies” and ”calculate the risk of two people conceiving...

 

HTMLFailure-to-Update Claims Against Generic Manufacturers Remain Viable
Laura J. Bettenhausen; Baker Sterchi Cowden & Rice, L.L.C.;
Legal Alert/Article
November 12, 2014, previously published on October 16, 2014
In Franzman v. Wyeth, Inc., et al., case number ED100312, the Missouri Court of Appeals for the Eastern District recently reversed the trial court’s judgment in favor of the manufacturers of the generic form of Reglan (the “Generic Defendants”) on the portion of Franzman’s...

 

HTMLPublic Justice and AAJ Contest Dismissal of Big-Pharma Fraud Case
Jordan Elias; Lieff, Cabraser, Heimann & Bernstein, LLP;
Legal Alert/Article
November 10, 2014, previously published on October 21, 2014
Public Justice (represented by Lieff Cabraser) and the American Association for Justice today filed an amicus brief in the U.S. Court of Appeals for the Second Circuit urging the reinstatement of civil RICO claims that Sanofi-Aventis profited from a scheme to market and sell its antibiotic Ketek by...

 

HTMLPatent Not Eligible for Listing: Patent Claiming One Medicinal Ingredient, but directed to a Fixed-Dose Combination of Medicines
Adrian J. Howard, Beverley Moore, Chantal Saunders, Ryan Steeves; Borden Ladner Gervais LLP;
Legal Alert/Article
November 10, 2014, previously published on October 15, 2014
This was an appeal from two decisions for three proceedings before Prothonotary Milczynski, in which she determined that a patent could not be listed on the Patent Register under the PM(NOC) Regulations (the “Regulations”). The issue to be decided on appeal, according to Justice Hughes,...

 

HTMLDaubert Déjà Vu
Kathleen D. Wilkinson; Wilson Elser Moskowitz Edelman & Dicker LLP;
Legal Alert/Article
November 8, 2014, previously published on July 15, 2014
On June 27, 2014, in In Re: Zoloft, U.S. District Judge Cynthia Rufe of the Eastern District of Pennsylvania issued an opinion excluding an expert in a case that bears a striking resemblance to the facts of Daubert v. Merrell Dow. We think Judge Rufe’s decision in Zoloft will serve as useful...

 

HTMLLouisiana Federal Judge Dramatically Reduces $9 Billion Punitive Damage Award To $37 Million
Sutherland Asbill Brennan LLP;
Legal Alert/Article
November 5, 2014, previously published on October 30, 2014
On Monday, U.S. District Judge Rebecca Doherty (Western District of Louisiana) cut a total punitive damage award from $9 billion to $36.875 million, an award 244 times smaller than the jury had determined. The case involved the first trial in an MDL involving the potentially unsafe effects of a...

 

HTMLWeeks II: Alabama bucks the trend and accepts the Innovator-Liability Theory
Laura J. Bettenhausen; Baker Sterchi Cowden & Rice, L.L.C.;
Legal Alert/Article
October 31, 2014, previously published on October 10, 2014
On August 15th, the Alabama Supreme Court endorsed the theory of “innovator liability” and held for the second time in Wyeth, Inc. v. Weeks, 2014 Ala. LEXIS 109 (Ala. Aug. 15, 2014), that a plaintiff who took only the generic version of the heartburn medication Reglan could still make a...

 

HTMLFederal Circuit Judges Disagree on Use of Post Filing Date Evidence of Nonobviousness
Courtenay C. Brinckerhoff; Foley & Lardner LLP;
Legal Alert/Article
October 30, 2014, previously published on October 21, 2014
On October 20, 2014, the Federal Circuit issued an order denying the petition for rehearing or rehearing en banc filed in Bristol-Meyers Squibb Co. v. Teva Pharmaceuticals, USA, Inc. While the order itself may not be surprising, with two opinions concurring in the denial and two dissenting, it is...

 


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