New Context For Application Of State-Of-The-Art Principle

Law360, New York (August 24, 2012, 1:02 PM EDT) -- There’s a lot going on in Wendell v. Johnson & Johnson (C.D. Cal. July 25, 2012), but much of it depends on very case-specific facts about a particular prescriber’s knowledge, and some of the rest was put off essentially as premature.

There is one aspect of the Wendell decision that merits our attention, however, and that’s the court’s application of state-of-the-art principles in the context of a defendant’s sale of its proprietary rights to a drug.

That’s significant because, while the opinion doesn’t mention it, the...
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