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"Citizen Petition" to FDA raised genuine issues on sham exception to Noerr-Penington doctrine
- Sheppard Mullin Richter & Hampton LLP
- -
- USA
- -
- January 8 2009
On October 14, 2008, a federal district court in New York denied defendant pharmaceutical companies' motion for summary judgment after finding genuine issues of fact existed as to whether 1) the sham exception to antitrust immunity under the Noerr-Penington doctrine applied to defendants' filing of a Citizen Petition to the FDA to block the approval of generic drug manufacturers' applications; and 2) defendants' Petition in fact delayed the generic manufacturers' applications
Watch out! Human Rights Act places NHS trusts under a specific duty to protect suicidal patients from killing themselves: Savage v South Essex Partnership NHS Trust: House of Lords
- Mills & Reeve LLP
- -
- United Kingdom
- -
- December 31 2008
Article 2 of the European Convention on Human Rights places a duty on NHS trusts to do all that can be reasonably expected of them to prevent patients who present a real and immediate risk of suicide from succeeding
SFO’s price fixing prosecution of pharmaceutical companies rejected
- Bird & Bird
- -
- United Kingdom
- -
- December 31 2008
A prosecution brought by the Serious Fraud Office (“SFO”) alleging that a number of pharmaceutical companies had conspired to defraud the NHS of £120m by fixing the prices of various drugs has been abandoned after the Court of Appeal refused the SFO permission to appeal
No winners in assisted suicide test case
- DMH Stallard LLP
- -
- United Kingdom
- -
- January 12 2009
Despite a recent case, there is still no certainty as to whether those who assist someone who wishes to end their own life, by helping them travel abroad to a country where assisted suicide is legal, will be prosecuted
Europe rules against embryonic stem cells patent
- Wragge & Co LLP
- -
- European Union
- -
- January 7 2009
By a landmark decision dated 25 November 2008, the Enlarged Board of Appeal of the European Patent Office (EPO) refused a patent application by Wisconsin Alumni Research Foundation (WARF) (the Appellant) covering the use of human embryonic stem cells (ESCs
EPO Enlarged Board of Appeal rejects patent that requires human embryos for implementation
- Bird & Bird
- -
- United Kingdom
- -
- December 31 2008
In its decision of 25 November 2008 the EPO Enlarged Board of Appeal (EBA) considered four questions referred to it by the EPO Technical Board of Appeal concerning a patent application by Wisconsin Alumni Research Foundation (WARF) with claims to “a cell culture comprising primate embryonic stem cells…”
Challenge to human-animal embryology denied
- Mills & Reeve LLP
- -
- United Kingdom
- -
- December 23 2008
The High Court has ruled that the Christian Legal Centre's challenge to creating human-animal embryos for research purposes was "totally without merit"
Recent developments in the world of medical monitoring
- Faegre Baker Daniels
- -
- USA
- -
- February 2 2007
Medical monitoring or surveillance claims typically seek an award for the cost of periodic medical examinations or testing to facilitate early diagnosis and treatment of diseases allegedly caused by exposure to products, chemicals, or other hazardous materials
Ambiguity in FMLA eligibility requirement
- Dinsmore & Shohl LLP
- -
- USA
- -
- January 31 2007
Ambiguity in FMLA eligibility requirement allows First Circuit to find employee eligible for leave despite five-year break in service
Pereira v Gnanapragasam
- Kennedys
- -
- United Kingdom
- -
- August 21 2009
Claimant, aged 56, consulted Defendant GP in relation to mid and lower back pain
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