all - Opinion Summaries

AMGEN INC. v. SCULLY

Administrative Law, Drugs & Biotech, Health Law, Insurance Law
42 U.S.C. section 1395l(t)(12)(A) precludes review of an equitable adjustment, made pursuant to section 1395l(t)(2)(E), to the Medicare Part B rate at...

MOTUS v. PFIZER INC.

Drugs & Biotech, Injury & Tort Law, Product Liability
Plaintiff failed to establish that defendant's allegedly inadequate warnings concerning Zoloft contributed to her husband's suicide. Because the...

HEMP INDUS. ASS'N v. DEA

Administrative Law, Drugs & Biotech
Defendant cannot regulate plaintiffs' products, which contain a naturally occurring THC not contained within or derived from marijuana, because...

MILLER v. PFIZER, INC.

Civil Procedure, Drugs & Biotech, Injury & Tort Law
Summary judgment for defendant is affirmed for lack of causation evidence in this wrongful death suit. District court did not abuse its discretion in...

SMITHKLINE BEECHAM CORP. v. EXCEL PHARMS., INC.

Drugs & Biotech, Intellectual Property, Patent
Defendant was not entitled to summary judgment of noninfringement. The present record does not address the foreseeability of sustained release agent...

GLAXO WELLCOME, INC. v. IMPAX LABS., INC.

Drugs & Biotech, Intellectual Property, Patent
Because plaintiff cannot prove infringement literally or under the doctrine of equivalents, summary judgment was appropriate. There is ample evidence...

PUREPAC PHARM. CO. v. THOMPSON

Drugs & Biotech, Intellectual Property, Patent
Having assigned Warner-Lambert's gabapentin patent a use code corresponding to neurodegenerative diseases, the FDA acted arbitrarily and capriciously...

WHITAKER v. THOMPSON

Drugs & Biotech
The FDA properly applied the Federal Food, Drug and Cosmetic Act in determining that plaintiffs could not market "saw palmetto" under their proposed...

MEDICHEM, S.A. v. ROLABO, S.L.

Drugs & Biotech, Intellectual Property, Patent
Because it failed to recognize that claims 1 and 2 of plaintiff's patent plainly anticipate claims 1 and 17 of defendant's patent, the district court...

THOM v. BRISTOL-MYERS SQUIBB CO.

Drugs & Biotech, Injury & Tort Law, Product Liability
Warning contained in the package insert of a prescription drug manufactured by defendant was not adequate as a matter of law with regard to the risk...