Merck Sharp and Dohme Corp. v. Albrecht

E-Law Admin/ Mai 20, 2019/ Arzneimittelrecht Schweiz/ 0Kommentare

Merck Sharp and Dohme Corp. v. Albrecht, 17–290 Read Merck Sharp and Dohme Corp. v. Albrecht, 17–290 Clarified when federal law will preempt a state law claim that a drug manufacturer failed to warn consumers of a drug’s risks. Held that this preemption question is one for a judge to decide, not a jury. Also spelled out the "clear evidence"

Weiterlesen

Gibbons v. Bristol-Myers Squibb Co.

E-Law Admin/ März 26, 2019/ Arzneimittelrecht Schweiz/ 0Kommentare

Gibbons v. Bristol-Myers Squibb Co., 17?2638 Read Gibbons v. Bristol-Myers Squibb Co., 17?2638 Affirmed the dismissal of product liability claims against the maker of a blood-thinning medicine that allegedly caused patients harm. Held that the Food, Drug and Cosmetics Act preempted the plaintiffs’ state law claims, in this multi?district litigation. Appellate Information Decided Published 2019/03/26 Judges Court United States Second

Weiterlesen

Retractable Technologies, Inc. v. Becton Dickinson and Co.

E-Law Admin/ März 26, 2019/ Arzneimittelrecht Schweiz/ 0Kommentare

Retractable Technologies, Inc. v. Becton Dickinson and Co., 17-40960 Read Retractable Technologies, Inc. v. Becton Dickinson and Co., 17-40960 Held that a manufacturer of medical syringes that falsely advertised its products did not have to disgorge its profits. That remedy would not be equitable under the circumstances here. Affirmed a post-trial ruling, in this lawsuit brought by a competing syringe

Weiterlesen

Trustees of Indiana University v. Curry

E-Law Admin/ März 14, 2019/ Arzneimittelrecht Schweiz/ 0Kommentare

Trustees of Indiana University v. Curry, 18?1146 Read Trustees of Indiana University v. Curry, 18?1146 Upheld the constitutionality of an Indiana law making it a felony to acquire, receive, sell or transfer fetal tissue. Indiana University sought an injunction barring enforcement of the statute, which impacts medical research. Reversing the district court, the Seventh Circuit held that the statute is

Weiterlesen

Helsinn Healthcare S.A. v. Teva Pharmaceuticals USA, Inc.

E-Law Admin/ Januar 22, 2019/ Arzneimittelrecht Schweiz/ 0Kommentare

Helsinn Healthcare S.A. v. Teva Pharmaceuticals USA, Inc., 17–1229 Read Helsinn Healthcare S.A. v. Teva Pharmaceuticals USA, Inc., 17–1229 Held that an inventor’s sale of an invention to a third party who is obligated to keep the invention confidential can qualify as prior art for purposes of determining the patentability of the invention. The dispute here involved two pharmaceutical companies

Weiterlesen

Teamsters Local 404 Health Services and Insurance Plan v. King Pharmaceuticals, Inc.

E-Law Admin/ Oktober 16, 2018/ Arzneimittelrecht Schweiz/ 0Kommentare

Teamsters Local 404 Health Services and Insurance Plan v. King Pharmaceuticals, Inc., 16?791 Read Teamsters Local 404 Health Services and Insurance Plan v. King Pharmaceuticals, Inc., 16?791 Held that it was proper to remand to New York state court a case in which a labor union health plan sought disclosure of a patent dispute settlement agreement between pharmaceutical companies and

Weiterlesen

University of California v. Broad Institute, Inc.

E-Law Admin/ September 10, 2018/ Arzneimittelrecht Schweiz/ 0Kommentare

University of California v. Broad Institute, Inc., 17-1907 Read University of California v. Broad Institute, Inc., 17-1907 Affirmed a judgment of no interference-in-fact in a patent case involving the CRISPR-Cas9 system for the targeted cutting of DNA molecules. The Federal Circuit found no error in the Patent Trial and Appeal Board’s conclusion of no interference-in-fact, in this case pitting the

Weiterlesen

Brady v. Bayer Corp.

E-Law Admin/ September 7, 2018/ Arzneimittelrecht Schweiz/ 0Kommentare

Brady v. Bayer Corp., 053847 Read Brady v. Bayer Corp., 053847 Held that a consumer should have survived a demurrer on his claims that a pharmaceutical company’s packaging of certain multivitamin gummies was misleading because, despite the One A Day brand name, these particular vitamins required a daily dosage of two gummies to get the recommended daily values. The consumer

Weiterlesen

Lifewatch Services Inc. v. Highmark Inc.

E-Law Admin/ August 28, 2018/ Arzneimittelrecht Schweiz/ 0Kommentare

Lifewatch Services Inc. v. Highmark Inc., 17-1990 Read Lifewatch Services Inc. v. Highmark Inc., 17-1990 Reinstated a medical device seller’s claim that certain Blue Cross Blue Shield health insurance companies violated antitrust law by unreasonably restraining trade in the national market for outpatient cardiac monitors. The seller of a cardiac monitoring device contended that it was shut out of the

Weiterlesen

Gustavsen v. Alcon Laboratories, Inc.

E-Law Admin/ August 27, 2018/ Arzneimittelrecht Schweiz/ 0Kommentare

Gustavsen v. Alcon Laboratories, Inc., 17-2066 Read Gustavsen v. Alcon Laboratories, Inc., 17-2066 Affirmed the dismissal of a consumer complaint alleging that manufacturers of prescription eye drops deliberately designed their bottles to emit unnecessarily large drops in a ploy to force patients to waste the expensive medication and thus buy more of it. Moving to dismiss on preemption grounds, the

Weiterlesen