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Endo Pharmaceuticals Solutions v. Custopharm Inc.
  • Knobbe Martens
  • USA
  • July 16 2018

A prior art reference does not inherently disclose the elements of a claim limitation if the prior art describes the performance of the elements but


Board’s Failure to Adhere to Best Practices in Drug Clinical Trial Does Not Excuse Stockholder Demand as Futile
  • K&L Gates
  • USA
  • March 26 2018

In Wilkin v. Narachi, et al., and Orexigen Therapeutics, Inc., Civil Action No. 12412-VCMR (Del. Ch. February 28, 2018), the Delaware Court of


Inside the Courts - An Update From Skadden Securities Litigators
  • Skadden Arps Slate Meagher & Flom LLP
  • USA
  • November 5 2017

Judge Patti B. Saris denied the Bank of New York Mellon’s (BNY Mellon) motion to strike putative class representative Ashby Henderson. BNY Mellon


Inside the Courts - An Update From Skadden Securities Litigators
  • Skadden Arps Slate Meagher & Flom LLP
  • USA
  • September 27 2017

The U.S. Supreme Court resolved a circuit split by deciding that the three-year limit for filing lawsuits under Section 13 of the Securities Act is a


AbbVie Files BPCIA Suit Against Boehringer Ingelheim Over Humira (Adalimumab)
  • Rothwell, Figg, Ernst & Manbeck, PC
  • USA
  • August 16 2017

Recently, AbbVie, Inc. and AbbVie Biotechnology, LTD (collectively “AbbVie” or “Plaintiffs”) filed a Complaint in the United States District Court


JPML Refuses MDL for Proton Pump Inhibitor Kidney Injury Cases
  • Reed Smith LLP
  • USA
  • March 7 2017

A Multidistrict Litigation (MDL) can be a sound way of managing a mass tort. Efficiencies are available (e.g., deposing company witnesses only once


Preamble Expressing the Intended Result of a Method of Treatment Is Not Limiting
  • McDermott Will & Emery
  • USA
  • November 11 2016

In construing a claim involving a method for treating obesity, the US District Court for the District of Delaware determined that a phrase in the


"Key Takeaways: Fourth Annual Seminar for Pharmaceutical, Biotechnology and Medical Device Companies"
  • Skadden Arps Slate Meagher & Flom LLP
  • USA
  • October 24 2016

On October 5, 2016, Skadden hosted its Fourth Annual Seminar for Pharmaceutical, Biotechnology and Medical Device Companies. The seminar focused on


Disregard of Speculative Financial Projections Was Not Bad Faith
  • Morris James LLP
  • USA
  • June 1 2016

In a stockholder challenge to a sale of the company, a plaintiff may rebut the business judgment rule by pleading facts that support a reasonable


Inside the Courts: An Update From Skadden Securities Litigators
  • Skadden Arps Slate Meagher & Flom LLP
  • USA
  • May 31 2016

Judge John L. Kane reaffirmed a prior ruling certifying a class of investors in the Oppenheimer California Municipal Bond Fund who alleged claims