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Life Sciences & Antitrust: Cases to Watch in 2018
  • Paul Hastings LLP
  • USA
  • January 17 2018

The intersection of complex drug competition frameworks and the antitrust laws continues to grow. With increased collaboration between the Food and

Celltrion and Teva File Declaratory Judgment Action Against Thirty-Eight Herceptin-related Patents
  • Rothwell, Figg, Ernst & Manbeck, PC
  • USA
  • January 15 2018

On January 11, 2018, Celltrion, Inc., Celltrion Healthcare, Co. Ltd. (collectively “Celltrion”), Teva Pharmaceuticals International GmbH, and Teva

OIG Report Highlights Impact of Improper Drug Classification
  • Arent Fox LLP
  • USA
  • January 12 2018

In late December 2017, the Office of Inspector General (OIG) of the Department of Health and Human Services (HHS) released the findings of a report

False Claims Act's "Rigorous" Materiality Standard Enforced by Second Circuit
  • Jones Day
  • USA
  • January 11 2018

A decision by the U.S. Court of Appeals for the Second Circuit reinforces the growing body of case law regarding the strict materiality requirements

Sandoz v Amgen: An update
  • Bristows
  • USA
  • January 9 2018

In our most recent publication, the Bristows' Biotech Review (Page 3), we reported on the US Supreme Court decision which, at the time, was the latest

Amgen Moves to Dismiss Genentech’s Misrepresentation Claim
  • Morgan Lewis
  • USA
  • January 9 2018

Amgen paints a different picture as to the bad actor during the parties’ negotiations pursuant to the Biologics Price Competition and Innovation Act

Attorney General Sessions Memo Frees Federal Prosecutors to Pursue Marijuana Cases - What Does It Mean for Broadcast Advertisements?
  • Wilkinson Barker Knauer LLP
  • USA
  • January 5 2018

Yesterday, Attorney General Jeff Sessions issued a one-page memo (here) advising Federal prosecutors to use their discretion in pursuing marijuana

Standing Questioned Before the Federal Circuit in Momenta Pharms. v. Bristol-Myers Squibb Co.
  • Rothwell, Figg, Ernst & Manbeck, PC
  • USA
  • January 5 2018

On December 5, 2017, the Federal Circuit held oral argument in Momenta Pharmaceuticals, Inc. v. Bristol-Myers Squibb Company, 17-1694. The case comes

Materiality Part II: Government Knowledge
  • Sheppard Mullin Richter & Hampton LLP
  • USA
  • January 3 2018

This is the second in a five-part series on how U.S. district courts and courts of appeal have applied the materiality standard set forth in Universal

Second Circuit Finds That The Government’s Continued Payment In The Face of Fraud Allegations Undercuts Materiality
  • Sidley Austin LLP
  • USA
  • January 2 2018

The Supreme Court emphasized in Escobar that questions of materiality are not "too fact intensive for courts" to decide through a motion to dismiss