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Professional Commentary
8 May 2015
by Mark Allenbaugh of Allenbaugh Law

JURIST Guest Columnists Alan Ellis and Mark H. Allenbaugh, discuss the US Sentencing Commission votes for fundamental fixes to the US Sentencing Guidelines ... On April 9, 2015, the US Sentencing Commission voted to fundamentally fix some portions of the US Sentencing Guidelines that have been in need of addressing … [read more]

Legal News
20 Jan 2015
by Bradley McAllister

[JURIST] The US Supreme Court [official website] ruled [opinion, PDF] 7-2 Tuesday that appellate review of factual matters in a patent dispute must apply the clear error standard of review, not a de novo standard. In Teva Pharmaceuticals USA, Inc. v. Sandoz, Inc. [docket], the court held that the US … [read more]

Legal News
16 Oct 2014
by Bradley McAllister

[JURIST] The US Supreme Court [official website] heard oral arguments on Wednesday in two cases fraught with procedural issues. In Teva Pharmaceuticals USA, Inc. v. Sandoz, Inc. [SCOTUSblog backgrounder; transcript, PDF] the court must decide whether to allow the US Court of Appeals for the Federal Circuit [official website] to … [read more]

Legal News
19 Apr 2014
by Matthew Pomy

[JURIST] US Supreme Court [official website] Chief Justice John Roberts denied [text, PDF] the request of Teva Pharmaceuticals USA [corporate website] for a stay on the lower court ruling. The appeals court's ruling made Teva's Copaxone drug available to be produced in a generic form [opinion]. Teva sought to have … [read more]

Legal News
31 Mar 2014
by Addison Morris

[JURIST] The US Supreme Court [official website] on Monday granted certiorari [order list, PDF] in Teva Pharmaceuticals USA, Inc. v. Sandoz, Inc. [docket] to determine how the US Court of Appeals for the Federal Circuit is to interpret claims in a patent appeal. Federal appeals courts traditionally review a district … [read more]

Student Commentary
5 Mar 2014
by Tara Pakrouh of Widener University School of Law

JURIST Guest Columnist Tara Pakrouh, Widener University School of Law Class of 2015, discusses Merck & Co.'s $100 million settlement concerning the corporation's NuvaRing contraceptive device, the board's liability and the fiduciary duties it owes to its shareholders...In a December 2000 email to his colleagues, the Director of US Reproductive … [read more]

Legal News
23 Nov 2013
by Matthew Pomy

[JURIST] The Supreme Court of Canada [official website] on Friday upheld [text] a ban on pharmacies selling their own generic drug brands. The ruling addresses the Drug Interchangeability and Dispensing Fee Act and the Ontario Drug Benefit Act [texts] which were meant to control the rising price of pharmaceuticals. Under … [read more]

Legal News
24 Jun 2013
by Endia Vereen

[JURIST] The US Supreme Court [official website] ruled [opinion, PDF] 5-4 Monday in Mutual Pharmaceutical Company, Inc. v. Bartlett [SCOTUSblog backgrounder] that generic drug design defect claims [Cornell LII backgrounder] that turn on the adequacy of a drug's warnings are preempted by federal law under PLIVA, Inc. v. Mensing [Cornell … [read more]

Legal News
21 Jun 2013
by G. Redd

[JURIST] The US Food and Drug Administration (FDA) [official website] announced Thursday that it has officially approved the brand-name emergency contraceptive Plan B Onestep [product website] for all women of child-bearing potential without a prescription, regardless of age [press release]. This approval comes following an order [text, PDF; JURIST report] … [read more]

Legal News
17 Jun 2013
by Jaclyn Belczyk

[JURIST] The US Supreme Court [official website] ruled [opinion, PDF] 5-3 Monday in Federal Trade Commission v. Actavis [SCOTUSblog backgrounder] that reverse payment settlements can sometimes violate antitrust laws. A reverse payment settlement, better known as a "pay to delay" settlement, is an agreement in which a patent holder pays … [read more]

Legal News
26 Mar 2013
by Julia Zebley

[JURIST] The US Supreme Court [official website] heard oral arguments Monday in two cases [JURIST report]. In Oxford Health Plans LLC v. Sutter [transcript, PDF] the court is considering whether an arbitrator acts within his powers under the Federal Arbitration Act [text] or exceeds those powers by determining that parties … [read more]

Legal News
7 Dec 2012
by Julia Zebley

[JURIST] The US Supreme Court [official website] on Friday granted certiorari [order list, PDF] in two cases dealing with same-sex marriage [JURIST backgrounder]. In Hollingsworth v. Perry [docket; cert. petition, PDF] the court will consider the validity of Proposition 8 [JURIST news archive], a California referendum that revoked same-sex marriage … [read more]

Legal News
1 Dec 2012
by Jaimie Cremeans

[JURIST] US Supreme Court [official website] on Friday granted certiorari [order list, PDF] in Association for Molecular Pathology v. Myriad Genetics, Inc. [cert. petition PDF; JURIST report], which deals with the issue of whether human genes are patentable. Myriad Genetics [corporate website] patented two genes, BRCA1 and BRCA2 [NCI backgrounder], … [read more]

Student Commentary
28 May 2012

JURIST Guest Columnist Sandeep Kanak Rathod, an LL.M. Candidate at the University of Pittsburgh School of Law, is the author of the ninth entry in a 14-part series from the LL.M. students of the University of Pittsburgh School of Law. He explores how copyright laws in the US and India … [read more]

Academic Commentary
4 Oct 2011

JURIST Guest Columnists Micah Berman of New England Law | Boston, Kathleen Dachille of the University of Maryland School of Law, and Julie Ralston Aoki of William Mitchell College of Law say that the opinion in Sorrell v. IMS Health Inc., while troubling, will have minimal impact on well-drafted public … [read more]

Professional Commentary
22 Jan 2010

Homer Moyer [Member, Miller & Chevalier]: "This week's highly publicized arrest of 22 corporate executives for violations of the US Foreign Corrupt Practices Act (FCPA) is newsworthy and in some respects unprecedented, but otherwise confirms FCPA enforcement trends that have been increasingly evident in recent years. Unprecedented were the simultaneous … [read more]

Legal News
12 Sep 2008
by Joe Shaulis

[JURIST] The US Court of Appeals for the Third Circuit [official website; JURIST news archive] on Thursday ruled [opinion, PDF] that a claimant had produced insufficient medical evidence to recover from a settlement fund established to compensate those harmed by the weight-loss medication known as fen-phen [FDA backgrounder]. The Philadelphia-based … [read more]

Legal News
4 Mar 2008
by Leslie Schulman

[JURIST] A federal judge Tuesday dismissed [opinion, PDF] a lawsuit brought by the Association of American Physicians and Surgeons (AAPS) [group website] against the US Food and Drug Administration (FDA) [official website] and Barr Pharmaceuticals [corporate website] seeking to overturn the FDA's 2006 decision to approve the over-the-counter sale [JURIST … [read more]

Student Commentary
16 Aug 2007

Eric Linge, Pitt Law '09, files from Mumbai:The cruel irony is that the most pressing diseases are the ones that don't make money. Multinational pharmaceutical corporations from the United States and Europe can rake in the profits selling drugs that treat rich world diseases like diabetes, hypertension, and, if it … [read more]

Legal News
15 Feb 2007
by Brett Murphy

[JURIST] The Internal Revenue Service (IRS) [official website] and drug manufacturer Merck Pharmaceuticals [corporate website] reached a $2.3 billion agreement on Wednesday that will settle all outstanding tax disputes from 1993 to 2006. According to an IRS statement, the settlement, one of the largest in recent history, resolves federal taxes, … [read more]

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