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28 May 2020, 5:29 am
An expert who ignored studies was excluded by the district court, but the Court of Appeals found an abuse of discretion, holding that the sufficiency of an expert’s basis is a question of weight and not admissibility.[13] These rulings elevate form over substance by halting the gatekeeping inquiry at an irrelevant, high level of abstraction, and finding that the challenged expert witness was doing something “sciencey,” which is good enough for government work. [read post]
8 Jan 2015, 9:44 am
Wyeth, Inc., 85 Cal. [read post]
24 Apr 2008, 4:07 am
Now, we've said before that we're quite happy with the facts in Wyeth v. [read post]
7 May 2012, 5:00 am
Two, since both Mensing and Wyeth v. [read post]
23 May 2012, 2:38 pm
Wyeth in which the Middle District of Florida applied Mensing and found preemption for a number of product liability claims for recovery but did not find preemption for claims of breach of implied warranties. [read post]
5 Aug 2009, 5:35 am
You can separately subscribe to the IP Think Tank Global Week in Review at the Subscribe page: [duncanbucknell.com] Highlights this week included: US: America’s Affordable Health Choices Act : House Energy & Commerce Committee OKs 12-year data exclusivity for biotech drugs (Patent Baristas) (Patent Docs) (FDA Law Blog) (PatentlyBIOtech) (GenericsWeb) General Pharmaceutical patent settlements under fire on both sides of the Atlantic (GenericsWeb) Biotechnology… [read post]
28 Feb 2011, 4:30 am
Wyeth LLC, No. 09-152, 2011 WL 588789 (U.S. [read post]
10 Apr 2015, 3:00 am
., LLC, Sanofi U.S. [read post]
5 Oct 2010, 6:34 am
Title: Wyeth LLC v. [read post]
29 Mar 2021, 7:10 pm
In one Fen-Phen case, one plaintiff sought to retain an expert witness previously retained by Wyeth to testify about the same diet drug (fenfluramine) in a case brought by a different plaintiff. [read post]
16 Feb 2021, 12:19 pm
In the past decade, the prevalence of videoconferencing, social media, and other technological platforms have flooded college dorm rooms and boardroom meetings alike. [read post]
28 Apr 2011, 3:18 pm
Obviously, if we’re calling California conservative and Idaho liberal, then the issues associated with comment k don’t fit well into the usual legal cubby holes.Idaho, then – holding our noses all the way. [read post]
12 Mar 2024, 12:46 pm
Wyeth-Ayerst Laboratories Co., 278 F.Supp.2d 684, 700 (W.D.N.C. 2003) (expert witnesses may not opine about corporate intent and motive) (barring Dr. [read post]
2 Nov 2012, 11:58 am
Wyeth, Inc., 37 A.3d 549, 576 (N.J. [read post]
15 Jan 2015, 9:57 am
CLS Transportation Los Angeles, LLC v. [read post]
15 Jun 2011, 9:22 am
Title: PPL Montana, LLC v. [read post]
28 Dec 2012, 1:57 pm
Still, Caronia’s holding, even in the purely criminal context, that the First Amendment protects truthful promotion of off-label uses, is significant enough to make our top ten. [read post]
7 Nov 2014, 5:52 am
APP Pharmaceuticals, LLC, 2013 WL 5532767, at *7-8 (D. [read post]
3 May 2014, 8:56 am
Wyeth, 738 F.Supp. 2d 887, 89 [read post]
19 Mar 2016, 10:13 am
--Wyeth v. [read post]