Member Blog Posts

    Blog: Antitrust Update

    GlaxoSmithKline Faces Antitrust Suit Over Alleged Inhaler “Hop”

    Missouri resident Elliot Conrad Dale recently filed an antitrust lawsuit against GlaxoSmithKline (“GSK”), claiming GSK employed a “device hopping” scheme to ensure uninterrupted patent and regulatory protection for its brand-name asthma inhalers Ventolin and Arnuity Ellipta.  The complaint, filed in the Western District of Missouri on behalf of putative nationwide and state antitrust classes, alleges [...]

    Blog: Homeostasis: Dykema Health Care Law Blog

    Long-Running Antitrust Case Challenging Sutter Health’s Restrictive Insurance Contracts Ends With a Defense Victory—But Does This Signal “All Clear” for Health Systems?

    A California jury recently rejected antitrust claims brought by a class of California consumers seeking more than $400 million in damages from Sutter Health, a large Northern California hospital system. The case, Sidibe v. Sutter Health, Cas. No. 12-04854, N.D. Cal., originally filed in 2012, alleged that Sutter Health had abused its market position by... Continue Reading

    Blog: Ireland IP & Technology Law Blog

    Another Step Closer to a Unified EU Patent Court

    We reported last year that the Unitary Patent and Unified Patent Court (UPC) were progressing. The main hurdle to clear was sufficient countries ratifying the Protocol on the Provisional Application (PAP-Protocol) of the UPC Agreement to allow the provisional application period (PAP) to begin. On 27 September 2021 Germany ratified the PAP-Protocol and on 15...Continue Reading…

    Blog: Biologics Blog

    Federal Circuit Upholds Jury Award, Weighs in on Willfulness Standard, in Adynovate® Dispute

    According to the Federal Circuit, $173 million was the right damages award for almost three years of patent infringement resulting from Baxalta’s sale of its biologic product Adynovate® (Antihemophilic Factor (Recombinant), PEGylated).  In Bayer Healthcare LLC v. Baxalta Inc., et al., Nos. 2019-2418, 2020-1017 (Fed. Cir. 2021), the circuit court upheld an award to Bayer [...]

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