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Supreme Court Denies Cert in $100 Million Novartis Pharma Sales Rep Overtime Class Action
Publication Date: 2011-02-28
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Despite an apparent split between the Second and Ninth Circuits on the question of whether drug company sales reps are entitled to overtime, the Supreme Court decided to let stand an appellate ruling permitting a 2,700-plaintiff class action against Novartis to proceed to damages.

Merck Agrees Settle DOJ Claims over Vioxx Marketing for $950 Million
Publication Date: 2011-11-22
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Merck became just the latest healthcare company to strike a major settlement with the Justice Department on Tuesday, agreeing to a $321.6 million criminal fine and a $628.3 million civil settlement to resolve claims over its marketing of the painkiller Vioxx.

September 26, 2005 |

2005 Revoked List

Notice to the bar.
317 minute read
Congress on Verge of Giving False Claims Act Suits a Boost, Just When They Don't Need One
Publication Date: 2009-05-01
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When the Supreme Court restricted FCA cases against subcontractors in its Allison Engine ruling, whistle-blower lawyers said the court misunderstood congressional intent. The Senate last week passed fast-track legislation to reverse the effects of the high court's ruling--but in the meantime, the Justice Department is settling FCA suits like nobody's business.

Facing Customer Indemnification Demands, Microsoft Calls Another Infringement Filer's Patents Invalid
Publication Date: 2011-04-12
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Microsoft is apparently fed up with patent holding companies allegedly shaking down its customers in East Texas patent suits. The target this time: DataTern, which has sued at least 122 companies since 2008 for allegedly infringing its database software patents.

December 08, 2004 |

Merck Looks to Big-Time Firms for Vioxx Cases

With the initial glare of public scrutiny and market recoil over Vioxx behind it, Merck & Co. now is arming for another battle that will be key in determining the company's survival.
9 minute read
California Supreme Court Eliminates Key Antitrust Defense; Pharma Companies to Face Price-Fixing Suit by Pharmacies
Publication Date: 2010-07-13
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For more than 40 years, California was out of synch with the U.S. Supreme Court, permitting defendants in state antitrust actions to argue that direct purchasers suffered no harm because they passed price increases on to consumers. With a ruling Monday that eliminates the pass-through defense, California's now in step with the federal courts.

May 01, 2013 |

Stepping Up to the Plate

The general counsel of the baseball players union always goes to bat for his men; and other Moves.
11 minute read
September 12, 2003 |

Federal Circuit Strengthens Patent Protection for Research Tools

In Integra Lifesciences I, Ltd. v. Merck KgaA, the U.S. Court of Appeals for the Federal Circuit dramatically narrowed the safe harbor from patent infringement afforded to drug developers under 35 U.S.C. � 271(e)(1) -- the "safe harbor" provision of the Hatch-Waxman Act -- and restored the vitality of patent rights with respect to research tools.
10 minute read

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