Perez v. Wyeth and Direct-to-Consumer Ads
October 14, 2005
Six years ago, in <i>Perez v. Wyeth Laboratories Inc.</i>, 161 N.J. 1 (1999), the New Jersey Supreme Court enunciated a novel exception to the learned intermediary doctrine intended to address the rise of direct-to-consumer (DTC) marketing of prescription pharmaceuticals. The learned intermediary doctrine is a common law principle, codified in many states, that shields prescription pharmaceutical manufacturers from liability for failing to warn consumers of the potential side-effects associated with their products as long as they have adequately warned prescribing physicians. The <i>Perez</i> court, however, held that when pharmaceutical companies employ DTC advertising, there is an additional duty to warn consumers of potential risks.
New PhRMA Policy: Not Everyone Satisfied
October 14, 2005
When the Pharmaceutical and Research Manufacturers of America (PhRMA) announced it was instituting a new policy on direct-to-consumer advertising, PhRMA President and CEO Billy Tauzin stated, "With these principles, we commit ourselves to improving the inherent educational value of advertisements. Patients need accurate and timely information and should be encouraged to discuss diseases and treatment options with their physicians. These principles will help us reach that goal."
CD: Lawyers and Their Clients: A Balancing Act of Understanding and Managing Expectations
October 07, 2005
Law firms are rapidly gaining an understanding about how much of a competitive advantage is achieved when they truly understand their clients' needs and align their services with those needs. But this is often easier said then done. This Web Audio Conference will be presented from a variety of perspectives -- a General Counsel of a major corporation, a partner in leading regional law firm who manages significant client relationships, and nationally known consultants from Hildebrandt International who serve both constituents (law firms and law departments).
All Tied Up: Independent Ink, Inc. v. Illinois Tool Works, Inc. and Trident, Inc.
October 06, 2005
On June 20, 2005, the Supreme Court granted certiorari in an important case for intellectual property holders seeking to navigate the sometimes-conflicting dictates of patent and antitrust law. In <i>Independent Ink, Inc. v. Illinois Tool Works, Inc., and Trident, Inc.</i>, 396 F.3d 1492 (Fed. Cir. 2005), the U.S. Court of Appeals for the Federal Circuit held that a patent establishes a rebuttable presumption of market power in a tying case brought under Section 1 of the Sherman Act. The ruling has put the Federal Circuit at odds with several lower courts, the Antitrust Division of the Department of Justice, the Federal Trade Commission and a host of academic critics, each of which maintain that patent rights do not, by themselves, give rise to an inference of market power, and that any rule to the contrary has the potential to reduce legitimate incentives to innovate.
Merck Faces New Jersey Jury After Big Texas Loss
October 05, 2005
After Merck & Co.'s devastating loss in Texas earlier this month in the first Vioxx case to go to a jury, the nation's eyes now turn to Atlantic City, where New Jersey's first case was set for trial on Sept. 12.
Looks Can Be Deceiving (and Costly): The Legal Implications of Counterfeit Products to a Pharmaceutical Manufacturer
October 05, 2005
The World Health Organization has estimated that drug counterfeiting affects 5-8% of all drugs, representing approximately $10-$15 billion to the U.S. pharmaceutical market alone. The Food and Drug Administration has estimated that approximately 10% of the drugs in worldwide distribution are counterfeit, with most being sold in developing countries. Not surprisingly, the most commonly counterfeited drugs are those with the largest sales, as well as drugs with high profit margins and drugs that are easier to counterfeit.
Merck Faces New Jersey Jury After Big Texas Loss
October 05, 2005
After Merck & Co.'s devastating loss in Texas in August in the first Vioxx case to go to a jury, the nation's eyes now turn to Atlantic City, where New Jersey's first case was set for trial on Sept. 12. There are about 5000 personal injury suits filed nationwide, about half in New Jersey, over the Merck painkiller that has been linked to increased risk of heart attack or stroke. Last month, New Jersey Superior Court Judge Carol Higbee, who is overseeing nearly 2500 Vioxx product-liability cases, rejected a Merck request to postpone the trial. The plaintiff's attorney, Christopher Seeger of Seeger-Weiss in Manhattan and Newark, told <i>The Wall Street Journal</i> that he was "absolutely thrilled" by the judge's action. "I just can't wait to get in a courtroom with this company," he said.
Judge Won't Stop Suit Against Clinical Lab
October 05, 2005
In a ruling that breaks new ground in the area of drug products liability, a federal judge has refused to dismiss negligence and fraud claims against a clinical laboratory for allegedly conspiring with a drug manufacturer to mislead the FDA.
Corporate Crisis Management
October 05, 2005
Fielding a Winning Team for Shareholders Wichita, KS, was an unlikely spot for finding metaphors. Sitting in a rental car on the steaming asphalt outside…
