JURIST

NOVEMBER 7, 2023

This is not the first suit the government has filed related to pharmaceutical distributors’, manufacturers’ and pharmacies’ role in the opioid epidemic. Cencora has denied the allegations. Johnson & Johnson and Mallinckrodt.

Statute 221

Statute Manufacturing Government Court 221

Day on Torts

MARCH 24, 2022

Where plaintiff filed a products liability claim based on a hip replacement device she had received, but her hip replacement occurred more than ten years before her suit was filed, dismissal based on the statute of repose was affirmed. The statute of repose for products liability cases is a hard line with very limited exceptions.

Statute 59

Statute Tort Manufacturing Court 59

JonathanTurley

JULY 12, 2021

The centerpiece of Cuomo’s plan is a new law to allow victims of gun violence to sue gun manufacturers under a nuisance theory. It is doubtful that Cuomo truly believes that the law will make a significant, if any, impact on gun violence. The new law is written to get around a federal ban on such lawsuits. Of the $138.7

Manufacturing 43

Manufacturing Laws Litigation Litigating 43

Conflict of Laws

DECEMBER 19, 2023

The Court held that local consumer legislation – in the form of the Consumer Guarantees Act 1993 (CGA) – applies to foreign manufacturers. The decision is of particular interest to New Zealand consumers and manufacturers of goods that are supplied in New Zealand, as well as traders advertising their products to New Zealanders.

Manufacturing 67

Manufacturing Court Statute Laws 67

Day on Torts

JANUARY 25, 2021

Plaintiff brought this products liability claim against numerous defendants, including several industrial equipment manufacturers who made and sold equipment used by the deceased husband at his job. The husband died after being diagnosed with mesothelioma due to asbestos exposure at work. Code Ann. § 29-28-102(6).

Manufacturing 59

Manufacturing Court Statute Laws 59

JURIST

FEBRUARY 22, 2021

The Vermont Supreme Court on Friday upheld a new state law prohibiting high-capacity magazines, affirming the validity of the state’s first major gun-control law. The law also sets limits for magazine sizes at 15 rounds for handguns and 10 rounds for long guns.

Laws 151

Laws Court Statute Manufacturing 151

FDA Law Blog

NOVEMBER 7, 2021

We reported that HRSA was proceeding with enforcement actions against drug manufacturers that have declined to sell to 340B covered entities that use multiple contract pharmacies to dispense 340B drugs to their patients, despite the pendency of several lawsuits challenging such enforcement.

Statute 52

Statute Contract Manufacturing Court 52

JURIST

FEBRUARY 20, 2021

The North Dakota House of Representatives approved legislation Wednesday that would exempt some locally made guns from federal regulations and laws. ” This new legislation would still require gun-owners to act in accordance with North Dakota laws, regulations, and registration. .”

Manufacturing 146

Manufacturing Statute Legal Legal 146

Patently O

DECEMBER 7, 2023

The Federal Circuit recently affirmed a district court judgment finding that Abbreviated New Drug Applications (“ANDAs”) submitted by generic drug manufacturers did not infringe patents rights held by H. The statute’s patent specific.” But, as relevant for this case, 35 U.S.C. §

Manufacturing 126

Manufacturing Statute Court Construction 126

FDA Law Blog

JUNE 15, 2022

Writing for a unanimous court, Justice Kavanaugh explained that the Medicare statute provides CMS a choice between two options on how to set reimbursement rates for drugs provided in the hospital outpatient setting. The statute sets this “average price” as ASP plus 6%. Becerra, No. 20-1114, 596 U. S. _ (2022). See 42 U.S.C.

Statute 52

Statute Court Court Decisions Healthcare 52

Constitutional Law Reporter

AUGUST 22, 2023

Hetronic manufactures remote controls for construction equipment. As Justice Alito noted in his opinion, the presumption against extraterritoriality is a “longstanding principle of American law that legislation of Congress, unless a contrary intent appears, is meant to apply only within the territorial jurisdiction of the United States.”

Laws 52

Laws Statute Court Manufacturing 52

The Crime Report

JUNE 18, 2021

6 Capitol breach with violating a federal law that makes it a crime to transport a firearm or explosive for unlawful use in a riot, reports the Washington Post. Prosecutors in Oregon, and a few other states and the District of Columbia, applied the law as a lead charge in more than two dozen cases as then-Attorney General William P.

Laws 105

Laws Manufacturing Statute Attorney 105

Mondaq

AUGUST 2, 2022

District Court for the District of Puerto Rico has recently ruled on a case dealing with Puerto Rico's Dealer's Contracts Act, also known as Law 75.

Manufacturing 40

Manufacturing Statute Contract Court 40

Conflict of Laws

OCTOBER 23, 2023

Passengers, Australian and non-Australian, want relief under the Australian Consumer Law ( ACL ). They commence representative proceedings alleging breaches of consumer law, and negligence in the Federal Court of Australia. Statute has left little of the common law untouched.

Laws 57

Laws Contract Statute Construction 57

Patently O

SEPTEMBER 26, 2022

The most anticipated case last year was the 101 eligibility petition regarding automobile drive shaft manufacturing process. Topics: Enablement / Written Description (All three are biotech / pharma): 3 Cases; Infringement (FDA Labeling): 1 Case; Anticipation (On Sale Bar): 1 Case; Double Patenting (Still the law?): Kite Pharma, Inc. ,

Court 126

Court Laws Manufacturing Statute 126

FDA Law Blog

JANUARY 4, 2022

Many of the updates relate to drug manufacturer practices with regard to speaker events, including meals, choice of venue, and attendance. Although the PhRMA Code is a voluntary code of conduct, drug manufacturers should consider updating their marketing policies and practices to align with the new Code. (We

Manufacturing 98

Manufacturing Statute Litigation Litigating 98

SCOTUSBlog

JUNE 27, 2023

Share The justices narrowly rejected a challenge to the constitutionality of a Pennsylvania law that allows any company doing business in the state to be sued there – even if the corporation is not headquartered in Pennsylvania and the conduct at the center of the lawsuit occurred somewhere else. of Philadelphia v. of Ireland v.

Laws 114

Laws Court Manufacturing Statute 114

JURIST

NOVEMBER 8, 2021

While neither case is particularly high profile, both involve subtle interpretations of surveillance and copyright law, respectively. involves a complicated copyright dispute between two clothing manufactures. Fazaga and Unicolors, Inc. H&M Hennese & Mauritz. Unicolors, Inc. H&M Hennese & Mauritz, L.P

Court 197

Court Manufacturing Statute Litigation 197

The IP Law Blog

JANUARY 18, 2024

While there are certain rights in common law trademarks, greater protection is afforded by registering the mark with the USPTO. But there are exceptions and exclusions under patent law. For example, courts have found that abstract ideas, natural phenomena, and laws of nature are not patentable. A patent protects an invention.

Manufacturing 113

Manufacturing Laws Statute Technology 113

Patently O

FEBRUARY 24, 2022

Eligibility under Section 101 : American Axle & Manufacturing, Inc. The statute indicates that any party to an IPR final-written-decision has a right to appeal. The asserted patent covers a new method of manufacturing an automobile drive-shaft with reduced vibration. Neapco Holdings LLC, et al. , Patreon, Inc., 35 U.S.C. §

Laws 95

Laws Court Litigation Litigating 95

FDA Law Blog

APRIL 25, 2023

Shapiro — Does your firm manufacture a “cyber device”? Congress has given FDA the authority to require device manufacturers to provide cybersecurity information in their premarket submissions for a “cyber device.” Please refer to the help text in this section for the content that is required according to this statute.”

Laws 105

Laws Manufacturing Drafting Technology 105

FDA Law Blog

JANUARY 4, 2022

Many of the updates relate to drug manufacturer practices with regard to speaker events, including meals, choice of venue, and attendance. Although the PhRMA Code is a voluntary code of conduct, drug manufacturers should consider updating their marketing policies and practices to align with the new Code. (We

Manufacturing 75

Manufacturing Statute Litigation Litigating 75

Patently O

NOVEMBER 21, 2023

By Sarah Burstein, Professor of Law at Suffolk University Law School USPTO Notice, 88 FR 80277 (Nov. In it, the USPTO reaffirmed its prior interpretation of the phrase “design for an article of manufacture” and did not—as many had hoped—expand its interpretation of that phrase. 11380, 11381 (footnotes omitted). 11380, 11381–82.

Manufacturing 59

Manufacturing Technology Law School Statute 59

Patently O

JANUARY 17, 2022

patent law. This was a very technical decision and we can manufacture the entire machine without any complication in the United States, with the exception that there are two parts that must not be assembled in the United States, but assembled after the machine arrives in Brazil. .” Patent Law Amendments Act of 1984, Pub.

Manufacturing 122

Manufacturing Litigation Litigating Statute 122

SCOTUSBlog

JUNE 9, 2023

VIP Products firmly rejected the use of the Jack Daniel’s trademarks by a manufacturer selling a line of dog toys that mock various beverage manufacturers. Kagan rests her analysis on two basic points of trademark law, summarized emphatically at the beginning and reiterated at the end of her opinion.

Manufacturing 105

Manufacturing Statute Cause of Action Court 105

FDA Law Blog

JUNE 16, 2023

Kirschenbaum — On May 24, Minnesota enacted the Commerce and Consumer Protection Omnibus Bill, Senate File 2744 ( SF 2744 ), which significantly expands the state’s existing drug pricing activities with serious implications for all drug manufacturers, and particularly generic drug manufacturers. We address each below.

Manufacturing 45

Manufacturing Calendaring Healthcare Statute 45

SquirePattonBoggs

JANUARY 13, 2021

Whitmer , which upheld the State of Michigan’s alcohol delivery laws in the face of a dormant Commerce Clause challenge. State-licensed alcohol producers and manufacturers (first tier) sell their products to licensed wholesalers (second tier), who in turn distribute the product to licensed retailers (third tier).

Laws 55

Laws Court Statute Manufacturing 55

Patently O

AUGUST 8, 2022

The short provision has remained essentially unchanged since it was originally handwritten in the 1700s and signed into law by President George Washington. ” Unfortunately, due to a series of Supreme Court decisions, patent eligibility law in the United States has become confused, constricted, and unclear in recent years.

Manufacturing 97

Manufacturing Technology Statute Court Decisions 97

Patently O

JUNE 15, 2021

Although it required invention in name, it was really just becoming a replacement to monopolies barred by the Statute of Monopolies (1624). . Not only are the questions now before me novel, but the whole law relating to patents may still, in this country, be regarded in that light. Van Ness argues that the U.S.

Statute 92

Statute Manufacturing Construction Laws 92

Patently O

MARCH 27, 2024

A forceful dissent by Judge Lourie argues that the majority’s approach, while following precedent, improperly reads the word “solely” out of the statute and unduly expands the safe harbor exemption. In dissent, Judge Lourie criticized the court for reading the word “solely” out of the safe harbor statute.

Statute 45

Statute Manufacturing Court Technology 45

SCOTUSBlog

MARCH 15, 2024

In this case, Truck Insurance Exchange wants to object to the plan proposed by the bankrupt asbestos company Kaiser Gypsum because the plan does not require the disclosure of parallel claims to other asbestos manufacturers that would allow the insurer to make sure the claims it must pay are not fraudulent.

Court 102

Court Contract Statute Manufacturing 102

Patently O

FEBRUARY 10, 2022

2015) in finding that manufacture and delivery of a product in a foreign country can infringe a US patent if sufficient sales-activity occurred within the US. In its appeal, Broadcom also argued that the jury should have receive instructions on the presumption against extraterritorial application of US law. Broadcom Ltd. 2129 (2018).

Manufacturing 126

Manufacturing Contract Statute Technology 126

FDA Law Blog

NOVEMBER 30, 2022

Brevig, Senior Regulatory Device and Biologics Expert — Earlier this year, we posted on the still unsettled state of the law regarding whether “FDCA violations may, in certain circumstances, be material to the government’s decision whether to pay for the affected product, and thus relevant in an FCA case.” By JP Ellison & Holly N.

Manufacturing 72

Manufacturing Healthcare Contract Government 72

Customs & International Trade Law

MAY 13, 2022

Here is a recap of the latest customs and international trade law news: FDA. On May 9, 2022, the FDA issued a Constituent Update stating that Glanbia Performance Nutrition (Manufacturing), Inc. The complaint, as supplemented, further alleges that an industry in the United States exists as required by the applicable Federal Statute.

Laws 97

Laws Manufacturing Administrative Law Government 97

The IP Law Blog

JUNE 16, 2022

Trademark law was developed to help protect a seller’s “brand” in connection with the marketing and labeling of products for sale to avoid “consumer confusion.” One rarely litigated aspect of trademark law is that the use of the trademark must be for a lawful purpose.

Laws 52

Laws Manufacturing Litigation Litigating 52

ClimateChange-ClimateLaw

AUGUST 9, 2022

On June 30, 2022, the State of California joined the State of New York in adopting legislation that allows state authorities to bypass local laws in permitting large-scale renewable energy projects. supersede any applicable statute, ordinance, or regulation of any state, local, or regional agency,” id. Law § 94-c(2)(h).

Laws 54

Laws Manufacturing Construction Statute 54

Conflict of Laws

NOVEMBER 23, 2023

Ayer Chair in Business Law and Martin Luther King Jr. Professor of Law at UC Davis School of Law. I noted that China applies its own laws extraterritorially on the same bases that it criticizes the United States for using. sanctions, but not about the kind of sanctions that most clearly violates international law.

Manufacturing 62

Manufacturing Technology Statute Laws 62