A pair of law firms has launched an attack on the pharmaceutical industry, claiming that sales representatives are not exempt from laws requiring overtime pay and are therefore not being compensated fairly.
A Los Angeles city attorney has brought criminal and civil charges against Kaiser Foundation Hospitals for allegedly dumping homeless hospital patients on the streets of downtown’s Skid Row.
Dusa Pharmaceuticals Inc. has targeted a Logan, Utah-based chemical manufacturer in a patent infringement suit over its brand-name skin treatment Levulan.
A former sales representative at Eli Lilly & Co. has filed a proposed class action lawsuit against the pharmaceutical giant for failing to pay overtime and for failing to maintain accurate time records.
A month after Canada changed its patent rules to extend the period of data protection for brand-name drugs, the country’s generic drug industry has launched a legal attack on the amendment, arguing that the move will unfairly boost the balance sheets of pharmaceutical giants and deplete the health care system of millions of dollars.
A North Miami, Fla.-based medical device maker has stuck Bayer Healthcare LLC with a patent infringement suit over lancet technology for patients with diabetes.
A Quebec court has given its stamp of approval for the first personal-injury class action in North America against Merck & Co. over the painkiller Vioxx.
A unit of Shire PLC has renewed the company’s efforts to stave off a copycat version of its blockbuster hyperactivity drug Adderall nearly three months after Shire resolved a patent stand-off with Barr Laboratories Inc. over the same drug.
Employees of insurance provider Cigna Healthcare of California Inc. filed a class action suit against the company Wednesday, claiming that as part of a work-at-home program they were denied overtime compensation and other employee benefits.
Connetics Corp. was hit Wednesday with yet another securities class action lawsuit over allegations that it concealed information from its shareholders regarding the new acne drug Velac.
A former technology consultant at Baxter Healthcare Corp. who claimed that he was fired because of his age has lost his bid for a trial, with an appellate court ruling on Friday that he did not present sufficient evidence to put his claims before a jury.
A U.S. grocery chain has filed an antitrust lawsuit against Eisai Co. Ltd. over the Japanese drug maker’s allegedly illegal attempts to prevent a generic version of its lucrative ulcer drug from hitting the market.
Ortho-McNeil Pharmaceutical Co., the manufacturer of the popular birth-control patch Ortho Evra, found itself in court again on Wednesday as additional lawsuits were filed by women who claim the contraceptive caused serious illnesses and at least one death.
A healthcare association sued a competitor on Monday over the use of the phrase “certified medical assistant,” a term the U.S. Patent and Trademark Office designated as a trademark five years ago.
Health insurance company Amerigroup Corp. has lashed out at a decision that it discriminated against pregnant women and other high-risk patients, vowing to appeal the jury’s $144 million verdict on the grounds that a number of the court's rulings constituted reversible error and affected the jury's findings.
Pharmaceutical company Eli Lilly & Co. has targeted a generic drug company in a patent infringement suit related to its top-selling cancer treatment Gemzar.
Lawyers have asked the U.S. Supreme Court to review an appeals court decision striking down a class action lawsuit against dozens of medical schools and teaching hospitals, alleging the plaintiffs conspired to depress medical students’ compensation.
Three months after a federal appeals court dismissed allegations of so-called monopoly leveraging against drug maker Abbott Laboratories Inc., the lead plaintiff in the class action has appealed the decision to the U.S. Supreme Court.
Against the backdrop of an options backdating scandal, UnitedHealth Group Inc. is seeking a declaratory judgment that it is not in default of $850 million in notes that a holding company is seeking to cash in on behalf of four hedge funds.
Everton Pharmaceuticals LLC launched a preemptive strike on Wednesday, suing a pair of rival pharmaceutical companies that had previously threatened it with a patent and trademark infringement lawsuit.
In the coming year, pending pharmaceutical and medical device litigation will unquestionably be affected by Riegel, Sprint Fidellis and, most importantly, Levine. These cases will also affect manufacturers’ conduct with regard to the approval process and their labeling decisions for their products, say Tripp Haston and Michael Paul Huff of Bradley Arant Boult Cummings LLP.
If passed, certain federal False Claims Act amendments would give the U.S. Department of Justice and the qui tam relators’ bar a much more effective tool to use against companies that depend in part upon claims for payment submitted to the government or to a government-funded program, say Robert G. Anderson and Orlando R. Richmond Sr. of Butler Snow PLLC.
With the imminent change in presidential administration, there will be multiple — perhaps conflicting — legislative proposals for major reforms in how health care is provided and financed. The Congressional Budget Office is already preparing for robust debate, say Robert C. Geist Jr., R. Michael Scarano Jr., Judith A. Waltz, Lawrence W. Vernaglia and Philip G. Kiko of Foley & Lardner LLP.
The concurring opinions by two Federal Trade Commission members in a complaint against Ovation Pharmaceuticals advocate a more aggressive approach to antitrust enforcement than historically taken. This is of particular significance because President-elect Barack Obama will soon be nominating a fifth FTC commissioner, says Michelle H. Seagull of Axinn Veltrop & Harkrider LLP.
The district court ruling in Wyeth v. Dudas particularly affects patents stemming from applications that were pending at the U.S. Patent and Trademark Office for more than three years. Recalculating patent term adjustment under Wyeth may result in significantly longer patent terms, which can be of considerable value to patent holders, says Jacqueline D. Wright Bonilla of Foley & Lardner LLP.
The Federal Circuit’s decision in Takeda v. Mylan elevates the significance of the Paragraph IV letter to the Hatch-Waxman scheme and should serve as a warning of the consequences of making a patent certification without fully analyzing the legal and scientific basis for bringing a patent challenge, says Dr. Vincent L. Capuano of Duane Morris LLP.
In the year and a half since the U.S. Supreme Court’s landmark ruling in KSR Int’l Co. v. Teleflex Inc., various Federal Circuit decisions applying KSR have helped holders of pharmaceutical patents survive obviousness attacks, while challenging mechanical and electronics patents may have become somewhat easier, say Susan A. Cahoon and Alton L. Absher III of Kilpatrick Stockton LLP.
Much of the recent attention given to Bilski has been focused on its potential implications for "business methods" patents. Less apparent, but of considerable importance to life science companies, is what Bilski may portend for such fields as medical diagnostics, personalized medicine and therapeutic methods, say Robert P. Taylor and Shantanu Basu of Mintz Levin Cohn Ferris Glovsky and Popeo PC.
While there was widespread concern among patentees that the U.S. Supreme Court decision in eBay Inc. v. MercExchange LLC would make it much harder to obtain injunctive relief, there has not been as much impact as initially feared on pharmaceutical patentees, say Kathleen Burdette Shields and Jessica Gan Lee of Choate Hall & Stewart LLP.
It is doubtful that the Federal Circuit's decision in Abbott Laboratories v. Sandoz Inc. will change the way courts approach preliminary injunction motions, and a substantial question of patent validity likely will continue to be enough to defeat such motions going forward, says Edmund J. Haughey of Fitzpatrick Cella Harper & Scinto.