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Supreme Court hears arguments on claims against injury by generic drugs
March 20, 2013 by Julia Zebley
The US Supreme Court heard arguments in Mutual Pharmaceutical Company, Inc. v. Bartlett Tuesday to consider whether design defect claims can be brought when a generic drug does not present all the warnings the brand-name version of the drug does, and thus causes injury. Attorneys for Mutual.... [more]
Canada high court rules against Pfizer on Viagra patent
November 8, 2012 by Addison Morris
The Supreme Court of Canada ruled Thursday that the Viagra patent held by pharmaceutical giant Pfizer Inc. is no longer valid, opening the door for generic competition. The court ruled 7-0 against Pfizer on an appeal from Israeli-based Teva Pharmaceutical Industries Ltd., the world's largest.... [more]
GlaxoSmithKline settles health care fraud case for $3 billion
July 2, 2012 by Rebecca DiLeonardo
The US Department of Justice (DOJ) and British pharmaceutical giant GlaxoSmithKline (GSK) on Monday announced that they had reached a $3 billion settlement in a series of criminal and civil healthcare fraud cases against the drug company. As part of the agreement, GSK pleaded guilty to three.... [more]
Wisconsin Supreme Court upholds judgment against pharmaceutical companies
June 23, 2012 by Jaimie Cremeans
The Wisconsin Supreme Court on Friday upheld a money judgment against Pharmacia Corporation for inflating drug prices to Wisconsin Medicaid in violation of Wisconsin Statutes 100.18, the Wisconsin's Deceptive Trade Practices Act (DTPA) and 49.49(4m)(a)2, the Medicaid Fraud Statute. In 2009, a.... [more]
Supreme Court rules on pharmaceutical sales reps under Fair Labor Standards Act
June 18, 2012 by Rebecca DiLeonardo
The US Supreme Court ruled 5-4 Monday in Christopher v. SmithKline Beecham Corp. that pharmaceutical sales representatives (PSRs) qualify as outside salespeople under the Fair Labor Standards Act (FLSA), making them ineligible for overtime under the act. The Department of Labor (DOL) had stated.... [more]
Vioxx jury award overturned on appeal in Texas and New Jersey [this day at law]
May 29, 2012 by Garrett Eisenhour
On May 29, 2008, a Texas state appeals court overturned a $26 million jury verdict against pharmaceutical giant Merck awarded to widow Carol Ernst, who alleged that her husband died after taking painkiller Vioxx. That same day, the New Jersey Appellate Division reduced a jury award in a separate.... [more]
Supreme Court rules on drug patents
April 17, 2012 by Jaclyn Belczyk
The US Supreme Court ruled unanimously Tuesday in Caraco Pharmaceutical Laboratories, Ltd v. Novo Nordisk A/S that a generic drug manufacturer may employ the counterclaim provision of the Hatch-Waxman Act to force correction of a use code that inaccurately describes the brand's patent as covering.... [more]
Supreme Court hears arguments on Fair Labor Standards Act
April 17, 2012 by Julia Zebley
The US Supreme Court heard oral arguments Monday in Christopher v. SmithKline Beecham Corp. on the breadth of the Fair Labor Standards Act (FLSA) regarding pharmaceutical sales representatives (PSRs) as well as the Secretary of Labor's interpretation of the act. Circuits are split on whether PSRs.... [more]
Federal Circuit Erred in Caraco v. Novo
January 4, 2012 by Sean Gallagher
JURIST Guest Columnist Carlos Angulo, Partner at Zuckerman Spaeder LLP, says that the Federal Circuit ruled incorrectly in a pharmaceutical patent case recently argued before the Supreme Court...On December 5, 2011, the US Supreme Court heard oral arguments in Caraco Pharmaceutical Laboratories,.... [more]
Supreme Court hears arguments on drug patents, search warrants
December 5, 2011 by Jaclyn Belczyk
The US Supreme Court heard oral arguments Monday in two cases. In Caraco Pharmaceutical Laboratories, Ltd v. Novo Nordisk A/S, the court heard arguments on drug patents. When the Food and Drug Administration (FDA) approves a drug for multiple uses, the Hatch-Waxman Act allows generic drug makers.... [more]
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