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22 Jan 2009, 2:06 am
Incorporating all of the standard product liability allegations about the allegedly inadequate label, she changed the name of the claim to "misrepresentation. [read post]
18 Dec 2008, 10:36 pm
App. 1993), adopted & incorporated, 636 N.E.2d 1248, 1249 (Ind. 1994). [read post]
11 Dec 2008, 7:06 pm
Thus, the California statute (which "directly incorporate[d] regulations promulgated under the FDCA," id. at 3) remained an action under "state" law even though all of the substantive standards were federal:Actions to enforce state laws that impose requirements identical to those under the FDCA are not actions to enforce the FDCA itself. . . . [read post]
31 Oct 2008, 12:20 pm
Brown, Playtex, Evenflo, Abbott, Mead Johnson, PBM Products, Nature's One, and Wyeth. [read post]
23 Oct 2008, 9:03 am
§343-1(a) allows state enforcement of FDCA violations in the food area, and (b) a private action for violating the state consumer fraud statute, incorporating the standards of California's "little FDCA" statute (also known as the Sherman Act), which in turn just happens to incorporate the FDA's food standards, is a matter of "state," not "federal," enforcement. [read post]
21 Oct 2008, 8:39 pm
" I have the same reaction to Wyeth's pro-preemption arguments. [read post]
30 Sep 2008, 5:00 am
Wyeth, 526 F.3d 203 (5th Cir. 2008), the next time you're briefing whether a so-called "heeding presumption" applies in cases involving the learned intermediary doctrine.On that issue, Ackermann hits the trifecta for the defense. [read post]
27 Jun 2008, 10:04 am
Here is IP Think Tank’s weekly selection of top intellectual property news breaking in the blogosphere and internet. [read post]
5 Jun 2008, 12:56 pm
Maybe that means that we'll get it right this time.Anyway, as regular readers of this blog know, Wyeth filed its principal merits brief in Wyeth v. [read post]
23 May 2008, 1:03 am
Here is IP Think Tank’s weekly selection of top intellectual property news breaking in the blogosphere and internet. [read post]
10 Apr 2008, 9:45 am
We don't have that much free time on our hands, since we're busy incorporating Colacicco into our pending briefs, for one thing.Colacicco, of course is only one opinion by one circuit court, so it's important to keep things in perspective - especially with the Supreme Court poised to tackle many of the same issues next term in the Levine case. [read post]
28 Mar 2008, 7:25 am
" While the SEC staff rejected the omission requests from United Technologies, Wendy's, and Boeing, the agency allowed CVS Caremark and Wyeth to exclude the church groups' resolution that mentioned lobbying on ordinary business grounds. [read post]
25 Jan 2008, 1:00 am
: (Generic Pharmaceuticals & IP),Arava (Leflunomide) - Sanofi-Aventis loses bid to dismiss Louisiana Wholsesale Drug Co's antitrust claims accusing S-A of unlawfully blocking generic competition for Arava by filing a sham Citizen Petition with the USFDA: (IP Law360),Ciprofloxacin - CIPLA issued notice by National Pharmaceutical Pricing Authority for allegedly overpricing its antibiotic Ciprofloxacin (especially of note because CIPLA is objecting… [read post]
27 Dec 2007, 7:09 am
Wyeth, Inc., 508 F. [read post]
12 Dec 2007, 2:33 pm
The first wave of defense briefing is now complete in Warner-Lambert v. [read post]
29 Nov 2007, 7:45 am
Also along these lines, the government drops a helpful footnote that the general incorporation of FDA approval as the fact giving rise to immunity is not itself preempted because it raises no conflict. [read post]
13 Sep 2007, 10:48 am
Last week the New Jersey Supreme Court, in a unanimous decision (6-0) ordered a nationwide third-party payer class action decertified. [read post]
18 May 2007, 9:23 am
Only four of these so-called "clawback" proposals have been voted on, and one received majority support on April 26 at Wyeth, although the vote totals have not been released. [read post]
27 Apr 2007, 12:04 pm
By Hal WegnerBefore an overflow hearing room on an internationally available web broadcast, Chairman Howard Berman of the House Judiciary Subcommittee relevant to patents hosted a most informative and candid hearing yesterday afternoon joined by roughly ten of his committee colleagues, including Rep. [read post]
23 Mar 2007, 11:35 am
., Beckman Coulter, Bridgestone Americas, Bristol-Myers Squibb, Cargill Incorporated, Caterpillar, Cephalon, CheckFree, Corning, Dow Chemical, Eastman Chemical, Electronics for Imaging, E.I. du Pont (DuPont), Eli Lilly, ExxonMobil, General Electric, Genzyme, GlaxoSmithKline, Henkel Corporation, Hoffman-La Roche, Johnson & Johnson, Merck, Millennium Pharmaceuticals, Monsanto, Motorola, Novartis, Patent Café.com Inc., Pfizer, Procter & Gamble, Sangamo… [read post]
