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Searching Content by Kristina Caggiano Kelly ordered by Published Date Descending.
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Can the Third Circuit's Decision In In Re Lipitor Antitrust Litigation Be Used As An Appellate Forum-Shopping Tool In Antitrust Cases?
On April 13, 2017, the Third Circuit issued an eagerly awaited precedential opinion in In re Lipitor Antitrust Litigation, No. 14-4202.
United States
9 May 2017
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U.S. Supreme Court Unanimously Holds That Veterans Are Entitled To Full Set Of Competitive Bidding Opportunities Congress Enacted In 2006 Veterans Act
In practical terms, the VA's interpretation resulted in roughly $10 billion of the VA's $18 billion in annual purchases being exempt from the competitive bidding process by the veteran-owned small businesses that Congress had enacted.
United States
20 Jun 2016
3
D.C. Circuit Poised To Consider Major About-Face On Constructive Trust Precedent
For 20 years, the District of Columbia has been the sole Circuit that fails to recognize the imposition of a constructive trust to benefit victims of fraud.
United States
5 Aug 2015
4
Appellate Implications Of Filing Post-Grant Patent Challenges At The Patent Trial And Appeal Board
It is a recurring mantra from appellate practitioners to their trial co-counsel that every decision and action made throughout the course of a trial has appellate consequences that must be considered.
United States
28 May 2015
5
Addressing Breach Of Method-Of-Use Patents By Generics
The U.S. Court of Appeals for the Federal Circuit on April 16, 2012, in "Bayer Schering Pharma AG v. Sandoz Inc.", Nos. 2011-1143, -1228 (Yasmin), affirmed a district court's holding that as a matter of law, generic drug makers could not infringe patent claims reciting a method of use of a U.S. Food and Drug Administration (FDA)-approved drug where the FDA had not approved the drug for the claimed uses, and where the FDA-approved labeling did not indicate instructions or intent to encourage the
United States
10 May 2012
6
Federal Circuit Addresses Infringement Of Method-Of-Use Patents By Generics In Yasmin® Case
The U.S. Court of Appeals for the Federal Circuit on April 16, 2012, in "Bayer Schering Pharma AG v. Sandoz, Inc.", Nos. 2011-1143, -1228 (YASMIN®), affirmed a district court's holding that as a matter of law, generic drug makers could not infringe patent claims reciting a method of use of an FDA-approved drug where the U.S. Food and Drug Administration had not approved the drug for the claimed uses, and where the FDA-approved labeling did not indicate instructions or intent to encourage the cla
United States
24 Apr 2012
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