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Results: 1-10 of 384

U.S. House of Representatives v. Burwell: A Failure to Appropriate, Not a Failure in Drafting
  • Baker & Hostetler LLP
  • USA
  • May 19 2016

"A most curious and convoluted argument whose mother was undoubtedly necessity," wrote Judge Rosemary M. Collyer in describing the argument made by


Differences in Medical Opinions: Not Enough to Prove FCA Liability
  • Baker & Hostetler LLP
  • USA
  • May 19 2016

In a $200 million False Claims Act (FCA) litigation with certain twists and turns, the U.S. District Court for the Northern District of Alabama


Is That a Carrot or a Stick in Your Hand? The Third Circuit Examines the Line Between Competition and Coercion in De Facto Exclusive Dealing Agreements
  • Baker & Hostetler LLP
  • USA
  • May 18 2016

We recently wrote about attempts to force exclusivity onto customers. But firms with large or dominant market shares often must walk a fine line


Escobar Oral Arguments: Justices Imply Outcome - False Claims Act Implied Certification May Survive
  • Baker & Hostetler LLP
  • USA
  • May 5 2016

The U.S. Supreme Court recently held oral arguments in the case of Universal Health Services, Inc. v. U.S. ex rel. Escobar, No. 15-7, which is set to


When a Published Data Breach is a Covered Data Breach
  • Baker & Hostetler LLP
  • USA
  • April 19 2016

Can an inadvertent Internet posting of a patient's medical information trigger insurance coverage for liability stemming from a data-breach class


Supreme Court Asked to Clarify Limits on Diagnostic Method Patents
  • Baker & Hostetler LLP
  • USA
  • April 7 2016

Arguing that the current state of the law weakens the patent system and poses a danger to life science innovators, biotechnology company, Sequenom


I’ll Gladly Pay You 10 Years From Today for Care Already Provided
  • Baker & Hostetler LLP
  • USA
  • April 7 2016

Most providers whose claims have been determined to be improper by the Recovery Audit Contractors (RACs) under the Medicare Recovery Audit Program


Filing an ANDA May Expose Generic Manufacturers to Nationwide Personal Jurisdiction in Patent Infringement Suits
  • Baker & Hostetler LLP
  • USA
  • April 4 2016

On March 18, 2016, the Federal Circuit affirmed the District of Delaware's ruling in two companion cases that West Virginia-based defendant Mylan


Fourth Circuit Holds No Use in the U.S. Required to Bring Claims Under the Lanham Act
  • Baker & Hostetler LLP
  • USA
  • March 31 2016

On March 23, 2016, the Fourth Circuit reversed the district court's decision in Belmora LLC v. Bayer Consumer Care AG, 84 F. Supp. 3d 490 (E.D. Va


FTC Skeptical of West Virginia Legislature’s Proposal to Immunize Certain Health Care Providers’ Activities from Antitrust Laws
  • Baker & Hostetler LLP
  • USA
  • March 25 2016

We recently wrote about the FTC filing a complaint, In re Cabell Huntington Hospital (FTC Docket No. 9366), objecting to the merger of two West