Fosamax Ruling Puts Preemption In Play For Branded Drugs

Law360, New York (July 2, 2013, 8:14 PM EDT) -- A New Jersey federal judge's ruling Thursday that claims related to Merck & Co. Inc.'s Fosamax are preempted by federal law will likely inspire other brand-name drug makers to mount the defense, which companies have forsaken following an unfavorable U.S. Supreme Court decision four years ago.

The decision marks one of the few times since the high court's decision in Wyeth v. Levine that a brand-name drug company has secured a favorable preemption ruling. In that landmark 2009 ruling, the Supreme Court had held that a...
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