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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.
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.
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.
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.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.
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.Daily Decision Service Alert: Vol. 19, No. 162 - August 24 2010
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