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28 Sep 9:56 pm
Sometimes, Sins of Omission Are Not Inequitable Conduct By Kevin E. Noonan -- St. Thomas Aquinas recognized two types of sin: those of omission and those of commission. In patent law,
inequitable conduct comes closest to this concept of sin, where frequently the accused behavior is the failure to submit to a patent examiner during prosecution information that is
material to patentability. However, mere failure to submit is not enough; there must be some evidence of deceptive intent. Kingsdown ...
25 May 4:56 am
... Federal Court Holds Plaintiff, a pharmaceutical sales representative, filed a class action in Pennsylvania state court against her employer, AstraZeneca, alleging labor law violations ... and failed to pay her overtime required by Pennsylvania law. Baum v. AstraZeneca LP, 605 F.Supp.2d 669, 2009 WL 827920, *1 ... employed for the purpose of doing so, see id., at *7-*12.
Put simply, "where pharmaceutical representatives seek to obtain physician commitments to write prescriptions, these representatives make ...
2 Apr 3:56 am
Baum v. AstraZeneca LP Addressing the oft-raised (recently) issue of whether pharmaceutical
sales representative employees are subject to the Outside Sales exemption, the District Court answered the question in the affirmative and granted Defendant's Motion for Summary
Judgment on the issue. The Court went through a strained analysis of the pharmaceutical industry to reach this [...]
6 Jan, 2008 10:28 am
... on December 28, 2007, and assigned to Chief Judge Irene M. Keeley. AstraZeneca Pharmaceuticals
LP, et al. v. Mylan Laboratories, Inc., Civil Action No. 1:07-CV-00177. In the action, AstraZeneca
alleges that Mylan has infringed on its patent for Crestor, which is used to treat high cholesterol, by ... Calcium Tablets shall be no earlier than the expiration date of the '314
patent…." On December 11, AstraZeneca had filed suit against seven generic drug manufacturers, including Mylan, in ...
8 Oct 6:05 am
... (Quetiapine) - US: CAFC: Sometimes, sins of omission are not inequitable conduct: AstraZeneca Pharmaceuticals LP v. Teva Pharmaceuticals USA, Inc (Patent Docs) (Patent
Baristas) (GenericsWeb) General Biotech legislative agenda: healthcare, energy, patents and capital (IP Watch) India: Applying ... (Patent Baristas) Renagel (Sevelamer) - US: Genzyme
files patent infringement suit against Endo Pharmaceuticals following Para IV challenge (Patent Docs) Roundup Ready cotton seed - US: ...
8 Jul, 2007 8:07 am
... Sunday, July 8, 2007, issue of Parade contained an ad spread paid for by AstraZeneca Pharmaceuticals LP and AstraZeneca LP, members of the AstraZeneca group of companies (collectively, the "Company") for one of its products--Seroquel.
The ad starts ... work is described as showing that " in the public health arena, management matters as much as medicine"). Indeed, the management of AstraZeneca (and other drug companies) management, like legislatures enacting statutes or courts deciding cases, can ...
28 Aug 8:11 am
... . (patent infringement) 8/13: Biovail Laboratories International SRL v. Cary Pharmaceuticals Inc. (patent infringement) 8/13: Ateliers De
La Haute-Garonne and F2C2 System ... ) 8/24: Teleconference Systems LLC v. Hewlett-Packard Company, AstraZeneca Pharmaceuticals LP, Dow Chemical Company, Advanced Micro Devices, Inc., Dreamworks Animation SKG ... -Myers Squibb
Co., Bristol-Myers Squibb Pharma Co. v. Mylan Pharmaceuticals Inc., Matrix Laboratories Ltd. and Matrix Laboratories Inc. (patent infringement)
...
23 Sep 10:02 pm
... golly, you win at trial. The First Circuit yesterday affirmed in all respects. The court deemed AstraZeneca's conduct wrongful under
Chapter 93A because it fooled payors into shelling out more ... 's preemption and Daubert forays. Blue Cross Blue Shield of Massachusetts v. AstraZeneca Pharmaceuticals LP, No. 08-1056 (1st Cir. Sept. 23, 2009).*
But the part that got Blawgletter's blood pumping related to AstraZeneca's attack on the class aspects of the case. The trial court, AZ argued,
should've let ...
8 Feb 9:35 pm
... the order granting summary judgment in the second test case, Haller v. AstraZeneca Pharmaceuticals LP, No. 6:07-cv-15733-Orl-22DAB, slip op. (M.D ... Haller's other medications might have made to his
weight gain. After AstraZeneca moved to exclude Tulloch's testimony and for summary judgment, Tulloch filed a ... find causation under Florida
law, and so granted summary judgment in favor of AstraZeneca. Id. at 67. As in Guinn, the court emphasized that its ruling applied only "to the
specific facts" of ...
29 Dec, 2008 9:00 pm
... 587 (N.J. 2008). This ruling takes New Jersey, one of the biggest centers of pharmaceutical mass torts, just about out of the class action business in this area. Medical
monitoring is ... discussed Gourdine here. 6. Ironworkers Local Union No. 68 v. AstraZeneca Pharmaceuticals LP, ___ F. Supp.2d ___, 2008 WL 4832659 (M.D ... learned intermediary prescriber. Our post on the
decision is here. 7. Ackermann v. Wyeth Pharmaceuticals, 526 F.3d 203 (5th Cir. 2008). This is the best overall learned intermediary ...
2 Oct, 2008 12:36 pm
... monitoring would have prevented [the] suicide"). Most recently there's the nifty Reece v. Astrazeneca Pharmaceuticals, LP, 500 F.Supp.2d 736 (S.D. Ohio 2007), decision about ... Id. at 867 (quoting district court). The
same thing happened in Stahl v. Novartis Pharmaceuticals Corp., 283 F.3d 254, 266-68 (5th Cir. 2002), where the ... warning will "plant seeds
in the patient's mind that suicide was an option." Ackermann v. Wyeth Pharmaceuticals, 526 F.3d 203, 210-212 (5th Cir. 2008) (Texas law), which
...
3 Nov, 2008 4:44 am
... and pharma cases, and a few interesting cases will be selected for periodic monitoring.AstraZeneca Pharmaceuticals LP et al. v. Handa Pharmaceuticals, LLC et
al.3:08-cv-05328; filed October 28, 2008 in the District Court of New JerseyInfringement of U.S. Patent ... ,288 ("Novel Dibenzothiazepine Antipsychotic," issued November 7, 1989) and
5,948,437 ("Pharmaceutical Compositions Using Thiazepine," issued September 7, 1999) following a Paragraph IV certification as part ...
8 Jan 4:07 am
... Local Union No. 68 & Participating Employers Health & Welfare Funds v. Astrazeneca Pharmaceuticals LP, 2008 WL 4832659 (M.D. Fla. Nov. 4, 2008) (a case cited ... that things are finally going to cool
down. In United States ex rel. Kennedy v. Aventis Pharmaceuticals, Inc., 2008 WL 5211021, at *3 (N.D. Ill. Dec. 10, 2008), off- ... "material"
where those uses were not separately charged on medical bills. In Hopper v. Solvay Pharmaceuticals, Inc., ___ F. Supp.2d ___, 2008 WL 4177927,
at *8-9 (M.D. ...
23 Feb 8:01 am
... law and news blog. The following new cases are summarized in the most recent (February 22, 2009) Court Report: Millennium Pharmaceuticals
Inc. et al. v. Teva Parenteral Medicines Inc. et al. Kabushiki Kaisha Hayashibara Seibutsu Kaguku Kenkyujo v. Doll Phylonix Pharmaceuticals,
Inc. v. Zygogen, LLC Intema Ltd. v. NTD Laboratories, Inc. et al. Astrazeneca Pharmaceuticals
LP et al. v. Accord Healthcare, Inc. et al. Check out the full post and the blog here. ...
23 Jul 3:15 am
... Seroquel order (with the somewhat unwieldy full caption, Pennsylvania Employees Benefit Trust Fund v. Astrazeneca Pharmaceuticals LP), because of Bexis' firm's involvement in the litigation (although not this aspect). But there's
one aspect ... 5. The court begged to differ. The allegations "of direct contact with Defendant are vaguely stated." Id. Plaintiff indicates that AstraZeneca's marketing materials and Seroquel labeling were "given or shown to physicians treating [plaintiff's] participants ...
1 Jul, 2007 9:07 pm
By Sherri Oslick -- About Court Report: Each week we will report briefly on recently filed biotech and pharma cases, and a few interesting cases will be selected for periodic
monitoring. Astrazeneca Pharmaceuticals LP et. al. v. Teva
Pharmaceuticals USA, Inc. et. al.3:07-cv-03001; filed June 28, 2007 in the District...
7 Jan, 2008 8:48 pm
By Sherri Oslick -- About Court Report: Each week we will report briefly on recently filed biotech and pharma cases, and a few interesting cases will be selected for periodic
monitoring. Astrazeneca Pharmaceuticals LP et al. v. Mylan
Pharmaceuticals Inc. 1:07-cv-00177; filed December 28, 2007 in the Northern District of...
26 Nov, 2008 7:57 am
... to do so following receipt of notice] the precise role such signatory had in the preparation of the ANDA, could regularly deprive patentees of the automatic stay Congress provided
for, thus imposing a burden on patentees that would be inconsistent with the Hatch-Waxman framework." AstraZeneca Pharmaceuticals LP v. Teva Pharmaceuticals USA, 1-08-cv-00426 (DED
November 24, 2008, Report & Recommendation).
3 Feb, 2008 9:47 pm
By Sherri Oslick -- About Court Report: Each week we will report briefly on recently filed biotech and pharma cases, and a few interesting cases will be selected for periodic
monitoring. Apotex Inc. v. Astrazeneca Pharmaceuticals LP
et al. 8:08-cv-00213; filed January 31, 2007 in the Middle District of Florida...
10 Nov, 2008 2:07 pm
... reliance may prevent the plaintiff from establishing proximate cause." 128 S.Ct. at 2144. Thus, in Ironworkers Local Union No. 68 v. AstraZeneca Pharmaceuticals LP, the court held that the complexity of
having to prove the extent to which there actually was prescribing physician reliance - or none at all - or something in between - required dismissal of a third-party payer suit under
Holmes v. Securities Investor Protection Corp., 503 ...
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