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13 Nov 2014, 5:00 am
  No such laxity appears in McDowell.Warning causation rulings, however, are inherently case specific, since they depend on the facts of a particular prescriber’s reaction to a particular plaintiff’s inadequate warning claim. [read post]
2 Nov 2014, 11:14 am by Richard Booth
Securities fraud is back in the Supreme Court in Omnicare, Inc. v. [read post]
29 Oct 2014, 1:07 pm by Erin Close (US)
Earlier this month, a Judge in the Northern District of California handed down a decision on Hain Celestial Group Inc. [read post]
20 Oct 2014, 7:51 am by Lyle Denniston
In taking the case to the Supreme Court, however, the city also raised a question that, depending on how the Supreme Court answers it, could end the case without a ruling at this point on the privacy of hotel guest lists. [read post]
13 Oct 2014, 9:01 am by Lyle Denniston
Since then, no generic company has gained approval by the Food and Drug Administration to market a generic version of the drug, although the FDA in August agreed to review a new application from one of the generic firms — Momenta Pharmaceuticals, Inc. [read post]
11 Oct 2014, 9:45 am by Rebecca Tushnet
Dan Hunter (with Irene Calboli), Trademark ProliferationConcerns about too many marks. [read post]
23 Sep 2014, 7:42 am by Venkat Balasubramani
shutterstock/bethge radiation warning sign Doe sued Internet Brands, Inc., the owner of Model Mayhem, alleging that two unrelated individuals drugged and assaulted her (and recorded her for a pornographic video). [read post]
23 Sep 2014, 5:55 am by Richard S. Zackin
The Court concluded that whether testing for prescription drugs constitutes a medical examination or a disability-related inquiry for ADA purposes depends on the specific facts of the case at hand and, ultimately, may be an issue for a jury to resolve. [read post]
Youngs Drug Products Corp., the Supreme Court went further, setting forth several elements courts should consider in deciding whether speech is commercial.[35] In Bolger a condom manufacturer was charged with violating a federal statute prohibiting the unsolicited mailing of advertisements for contraceptives.[36] The manufacturer mailed three items: (1) multi- page, multi item flyers promoting a large variety of products available at a drug store, including prophylactics; (2)… [read post]
1 Sep 2014, 9:26 pm by Patent Docs
The drug was known in the prior art, but was also known to be associated with dosage-dependent gastrointestinal side effects. [read post]
28 Aug 2014, 9:29 pm by Patent Docs
The drug was known in the prior art, but was also known to be associated with dosage-dependent gastrointestinal side effects. [read post]
22 Aug 2014, 9:22 am
PLIVA, Inc., 711 F.3d 578, 584 (6th Cir. 2013), but that is a generic drug case. [read post]