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John Gaal's Ethics Corner

ALM Staff & Law Journal Newsletters

Your ethics questions answered by the expert.

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Recent Developments from Around the States

ALM Staff & Law Journal Newsletters

National cases of interest to your practice.

News from the FDA

ALM Staff & Law Journal Newsletters

All the latest information you need to know.

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Quiz of the Month

ALM Staff & Law Journal Newsletters

Test your knowledge of the law!

Addressing the Conflict: FDA vs. Torts

Bert W. Rein, William A. McGrath, & Karyn K. Ablin

Our legal system supports two regulators of the safety of prescription drugs ' the U.S. Food and Drug Administration and courts applying the tort liability regime. The FDA's mission, while narrowly circumscribed in its early years, grew dramatically over the last half of the twentieth century. Today, the FDA administers the most comprehensive drug regulatory system in the world.

Eli Lilly Joins Others in Limiting Sales to Canada

ALM Staff & Law Journal Newsletters

In October, Eli Lilly and Co. became the latest drug manufacturer to announce that it will begin limiting quantities of pharmaceutical products shipped to Canadian wholesalers.

Fen-Phen Again

ALM Staff & Law Journal Newsletters

Nearly 83,000 Fen-Phen users, including those whose claims have already been approved, may have their payments delayed or denied due to a new scheme instituted by the trustees of the Wyeth Settlement Trust, according to a lawsuit filed Nov. 5 by New York City-based law firm Napoli, Kaiser, Bern & Associates. The suit was filed on behalf of several individuals who are awaiting payment of damages from the trust, formerly known as The American Home Products Settlement Trust.

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News from the FDA

ALM Staff & Law Journal Newsletters

All the latest FDA news and information you need to know.

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Case Briefing

ALM Staff & Law Journal Newsletters

The latest rulings of importance to you and your practice.

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The Off-Label Divide

Peter Glass

Is it ever appropriate for a drug manufacturer to disseminate information about an off-label use of a drug? If so, when is it inappropriate? Is the dissemination of such information commercial speech protected by the First Amendment that cannot be proscribed by the FDA? Can manufacturers be held accountable for this speech by the FDA or in a products liability action?

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MOST POPULAR STORIES

  • Surveys in Patent Infringement Litigation: The Next Frontier
    Most experienced intellectual property attorneys understand the significant role surveys play in trademark infringement and other Lanham Act cases, but relatively few are likely to have considered the use of such research in patent infringement matters. That could soon change in light of the recent admission of a survey into evidence in <i>Applera Corporation, et al. v. MJ Research, Inc., et al.</i>, No. 3:98cv1201 (D. Conn. Aug. 26, 2005). The survey evidence, which showed that 96% of the defendant's customers used its products to perform a patented process, was admitted as evidence in support of a claim of inducement to infringe. The court admitted the survey into evidence over various objections by the defendant, who had argued that the inducement claim could not be proven without the survey.
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