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Paragard IUD news defendants push back on adding Teva to MDL The plaintiffs have moved to amend their complaint to include Teva Pharmaceutical Industries Ltd. as a defendant. Teva opposes this motion, arguing lack of diligence. However, the defendants' position is weakened by the absence of substantial prejudice from adding another Teva-related defendant and no applicable statute of limitations argument. In complex litigation, plaintiffs often gain clarity on which parties to name as defendants through discovery. New documents have revealed Teva Ltd.'s involvement in the MDL's central issues, highlighting the importance of the discovery phase. This situation demonstrates how complex litigation can evolve as information becomes available, particularly in cases involving large corporations. The court must balance allowing plaintiffs to pursue claims against all potentially responsible parties with ensuring fairness to defendants. Factors like timing, reasons for delay, and impact on litigation progress will likely influence the court's decision. #NewClaimantGenerator #TortLeadGeneration #KnowYourClaimants  #WithPersonalityProfiling #FindMissingClients

Our New York partner Shireen Barday recently discussed the corporate governance dilemma created by the drug ruling in a decision from the Court of Appeal of the State of California in Gilead Sciences Inc. v. Superior Court, involving Gilead's alleged delay-for-pay business practices, which has drawn significant outcry from all sides.   The public is outraged that Gilead may have delayed the commercialization of a safer drug to maximize profits from the drug it already had on the market. However, businesses in the life science space are outraged that a court in California has upended the well-settled common law rule that a manufacturer can only be held liable for customer injuries if its product was defective in the first place.   The decision, affirmed once on appeal — and now in front of the California Supreme Court — seems to hold that, where a pharmaceutical company has a drug in its pipeline that is safer than another drug it presently has on the market, the company has a duty to commercialize the competing drug with all deliberate speed if there is any indication that the competing drug might be safer or better.   Read the Law360 article below, or via: https://lnkd.in/eH3rGezG   #PallasPartners #LifeSciences #Pharamaceuticals

In a judgment of 18 September 2024 (K 15/23), the Polish Constitutional Court found that the much-discussed amendment to the Pharmaceutical Law, widely known as Apteka dla Aptekarza 2.0 (Ada 2.0) or Pharmacy for the Pharmacist 2.0, contravenes the Polish Constitution in the way it was introduced.   Find out more here: https://lnkd.in/gwVNVTgQ   If you have any questions, contact Agnieszka Starzyńska and Urszula Gondek     #CMSlaw #law #compliance #lifesciences #healthcare

The recent Supreme Court decision overturning the Chevron deference doctrine has significant implications for healthcare and pharmaceutical industries. Learn more about the shift from agency-led interpretation to court-centered adjudication and how it could impact regulatory compliance. #HealthcareRegulations #PharmaceuticalIndustry #ComplianceChallenges

⚡ FLASH SALE ⚡ We're continuing to share the Valentines Day love with £100 OFF when you register for EU Pharmaceutical Law Forum 2024! Use Code VDAY100 at checkout to redeem now! 📅 21-23 May 📍 Steigenberger Wiltcher's, Brussels 🤝 Hybrid Event 💲 Book Now for Additional £100 off on Top of £300 Savings 🌐 https://bit.ly/3NWNEYe This years program is jammed packed with top band private practice, leading in-house counsel, as well key authorities such as the EU Commission, EMA, and a European Parliament Rapporteur. You'll leave with top notch legal guidance from those at the peak of their game, keeping you up to date on the latest advancements in pharmaceutical law. PLUS, get an additional £100 off on top of our current £300 savings if you book now, as a Valentines gift from us! Redeem the discount now by using code VDAY100 at checkout - Book now and don't miss out! https://bit.ly/3NWNEYe #eupharmaceuticallaw #eupharma #eucommission #pharmaceuticals #pharmaceuticalindustry #pharmaceuticallaw #pharma #pharmalaw #informa #informaconnect #pharmaregulations #reguationsandcompliance #competitionlaw #spcs #regulatoryframeworks #conference #event #hybridevent #hybridconference #brussels

Recent EPO Board of Appeal decision T 1437/21 adds to a growing number of decisions concerning the patentability of second or further medical use inventions where the prior art relates to a clinical trial. At a time when the European Medicines Agency (EMA) is requiring increased transparency for EU clinical trials, this case law is of increasing importance to those operating in the pharmaceutical space.   In brief, this decision further supports the position that the disclosure of a clinical trial protocol does not always mean there is a reasonable expectation of success of achieving treatment.   Find out more here: https://lnkd.in/gk4ir7g9   If you have any questions, contact Nadège Beynon and Sophie Skidmore   #CMSlaw #law #ip #intellectualproperty #patents #cmspatentattorneys #lifesciences #healthcare

In a recent article, Sophie Skidmore and I review recent EPO Board of Appeal decision T 1437/21 in which the Board found that positive phase III clinical trial results did not provide a "reasonable expectation of success" for the claimed sub-population of patients. This decision now sits among a growing number of decisions concerning the patentability of second or further medical use inventions where the prior art relates to a clinical trial. https://lnkd.in/gk4ir7g9 #patents #intellectualproperty #EPO #lifesciences #clinicaltrial

Useful article on inventive step when navigating prior art clinical trial disclosures. The comments from Board 3.3.08 in T3165/19 in the antibody space also support that the SKP can be dissuaded from the expectation of success by the prior art where an active is being tested in a clinical study (Reasons 22). https://lnkd.in/eWNwPrtb #EPO #antibodies

Service of written pleadings via other electronic systems than the CMS cannot be considered effective service under Rule 278.1 RoP. That is what the judge-rapporteur of the Court of Appeal held in the order of 8 August 2024 in Alexion Pharmaceuticals v Amgen: https://lnkd.in/eg9STPHA Therefore, a prior communication between the parties themselves of the written pleading via another electronic system like the German special electronic lawyer’s mailbox cannot be considered as effective service for determining when the applicable time periods starts running.   For case law on Rule 278 RoP: https://lnkd.in/ebpvfsaf   #upc, #upcnugget

A recent Delaware court case highlights the complexity of interpreting 'commercially reasonable efforts' clauses in acquisition agreements. In a pharmaceutical M&A deal, the court found that the buyer's milestone payment was not triggered due to the seller falling short of the objective industry-standard efforts required to develop a new drug. This 140-page ruling underscores the importance of drafting clear, specific standards in such clauses to avoid disputes over ambiguous terms. Read the full legal snapshot: https://ow.ly/ltxl50TASOG   #MergersAndAcquisitions #PharmaIndustry #CommerciallyReasonableEfforts #LegalInsights #NRFSA