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Daily Decision Service Alert: Vol. 19, No. 162 - August 24 2010
Daily decision alert.Awash in Vioxx Suits, Merck Is Recruiting Big-Time Help
Arming for a looming courtroom battle over its Vioxx arthritis drug, Merck & Co. has hired a handful of firms for its defense. The lead firm could receive as much as $50 million for its work on Vioxx litigation, according to observers. In addition to the financial considerations, the task of compiling an outside legal team may present special challenges for a company that highly values privacy and prefers to turn to its in-house lawyers.Problems With the Patent System: Nothing Cash Can't Cure
A new patent reform bill was introduced in Congress on April 18, and the lobbyists are circling. Some points receive nearly unanimous support -- the Patent and Trademark Office is overburdened, and it's time for America to dump its unique first-to-invent system for the first-to-file system common in the rest of the world -- but others are the subject of hot debate. High-tech companies are spending more than ever to convince legislators that change is good, but what's really needed depends on who you ask.Direct to Consumer Pharma Marketing, Tonight on 'The American Law Journal'
American doctors wrote more than 164 million prescriptions for antidepressants in 2008. How much was that due to direct to consumer drug advertising? Aside from the moral questions, how does that advertising affect pharmaceutical product litigation and what happens in the courtroom?It's not exactly rare for the Litigation Daily to hear that the opposing side disagrees with how we characterize a victory in a high-stakes case. But after our Monday story asked whether AstraZeneca's Seroquel was shaping up to be the mass tort that wasn't, we got an intriguing earful from one of the leading Seroquel plaintiffs' lawyers. Weitz & Luxenberg partner Paul Pennock claimed that, "far from going away, Seroquel is about to reveal AstraZeneca as one of the worst managers of a mass tort litigation in history."
Deciding Jurisdiction in Patent Appeals
In Holmes Group Inc. v. Vornado Air Circulation Systems Inc., the U.S. Supreme Court vacated a ruling that Federal Circuit jurisdiction can be based on a patent law counterclaim. Vornadomay cause strategic forum shopping, pleading strategies and races to the courthouse, since plaintiffs will now have more ability to direct their non-patent claims to the circuit courts of appeals of their choosing.We called Mendelsohn after reading about a newly disclosed, eight-country probe of four pharmaceutical companies and noting the rapid upward spiral of recent FCPA settlements. His prediction: FCPA defense is only going to get hotter.
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