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April 24, 2007 |

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.
9 minute read
October 14, 2003 |

Law Firms are Defendants in Patent Suit

The opponents in a patent fight have taken the unusual step of pulling each other's law firms into the litigation ring. Rockwell Automation Inc. sued Chicago-based Niro, Scavone, Haller & Niro last year for allegedly filing "baseless, sham" patent infringement suits. On Friday, Niro, Scavone client Solaia Technology fired back, claiming Rockwell and two of it's law firms -- Howrey, Simon and Fish & Richardson -- had induced other companies not to license Solaia's patent in violation of antitrust laws.
2 minute read
March 29, 2010 |

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?
2 minute read
March 01, 2006 |

Saving Vaccines

12 minute read
Seroquel Litigation a Bust? Not So Fast, Says Plaintiffs' Lawyer
Publication Date: 2009-06-16
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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."

August 15, 2002 |

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.
16 minute read
Former DOJ FCPA Chief Mendelsohn: Expect Size and Scope of FCPA Cases to Increase
Publication Date: 2010-07-21
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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.

January 08, 2004 |

Coordinating Multidistrict Cases in N.Y. State Courts

Over the past few years, coordination of multiple actions pending in different judicial districts has been used to promote judicial efficiency by providing unified management of cases. While the main purpose of New York's Rule 202.69 was to provide a formal mechanism for efficiently handling mass tort cases, coordination applies to all categories of cases and can be useful in a variety of commercial actions.
13 minute read
Price-Fixing Case Against Top Pharma Companies Runs Aground at California High Court
Publication Date: 2012-11-30
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After an eight-year odyssey through the California courts, San Francisco antitrust lawyer Joseph Alioto may have finally reached the end of the line in a sprawling price-fixing case against Big Pharma.

December 08, 2004 |

Merck Recruiting Some Big-Time Help for Vioxx Litigation

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 the beleaguered pharmaceutical giant, a looming courtroom battle entails building an expansive legal infrastructure to deal with liabilities that could be as much as $18 billion.
10 minute read

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