All GLG News Analyses Filed Under: Legal Issues

Punitive Damages Are Fact-Specific and Thus Defy Rigid Standards

April 13, 2009

Analysis by: GLG Expert Contributor

Analysis of:The Supreme Court and law left hanging | www.latimes.com

The LA Times piece understandably reflects frustration with the imprecise nature of punitive damages, but overlooks the Supreme Court's role in resolving such difficult issues. That role is especially important in considering punitive damages issues because punitive damages reflect competing policy objectives that require delicate balancing the Supreme Court can only address in the right set of circumstances. Even the right circumstances are likely to be confined to specific facts, so bright line aspiration will likely be subject to different forms and applications to meet different circumstances. 

Martin AlpertVice President, Environmental ClaimsHINZ CLAIM MANAGEMENT INC

Punitive Damages: Will this make the Supreme Court finally decide?

April 13, 2009

Analysis of:The Supreme Court and law left hanging | www.latimes.com

For the Supreme Court to finally put an end to the continued debate, maybe it has to just have the right entity screaming in its ear!

Duncan MacDonaldConsultantDuncan McDonald

Is Visa's challenge to the EC going to prevail or propogate another global round of lawsuits?

April 7, 2009

Analysis of:EU Charges Visa Europe Over Fees | online.wsj.com

When Visa fought the EC in the late 90s over interchange pricing, the EC responded with criminal threats, and Visa quickly caved.  The EC's settlement with MCI on the most recent iteration involving interchange should embolden it to play tough again.  Visa's surrender a decade ago set off a global attack in favor of merchants.  Is this the right time for Visa to go to the wall to help banks?

Patrick Joseph IgoeLife Sciences Patent AttorneyIndependent IP Litigation Consultant

Generic ADDERALL XR Launched By Teva (NasdaqGS:TEVA) - VYVANASE Sales Of Shire PLC (NasdaqGS:SHPGY) Might Decrease

April 2, 2009

Analysis of:Teva Introduces First Generic Adderall XR® Capsules in the United States | www.tevapharm.com

(1) As stated in the 02 Apr 2009 Press Release, Teva Pharmaceutical Industries Ltd. (NasdaqGS:TEVA) has launched its generic versions corresponding to the FDA-approved Orange Book Reference Listed Drug (RLD) medical products of ADDERALL XR Capsules (mixed salts of a single-entity amphetamine product; strengths/mg: 5 10 15 20 25 30) of Shire PLC (NasdaqGS:SHPGY).  This event, although unfavorable to Shire, was clearly a known possibility.  Its anticipated impact will likely be a decrease in Shire's American sales of ADDERALL XR Capsules.  (2) Spillover damage for American sales of VYVANSE Capsules (lisdexamfetamine dimesylate; strengths/mg: 20 30 40 50 60 70) might be possible.  The nexus between ADDERALL and VYVANASE follows. VYVANASE's Active Product Ingredient (API) is lisdexamfetamine dimesylate; a prodrug of dextroamphetamine.  ADDERALL's APIs are a mixture of 4 related amphetamines.  Thus, ADDERAL and VYVANASE are related medical products.

Patrick Joseph IgoeLife Sciences Patent AttorneyIndependent IP Litigation Consultant

OXYCONTIN Update: Ratiopharm And Sandoz Infringe 2 European Patents Controlled By Napp And Purdue

April 2, 2009

Analysis of:OXYCONTIN Update: England Patent Infringement Victory {Napp Pharmaceutical Holdings Ltd v Ratiopharm GmbH [2009] EWCA Civ 252 (01 April 2009)} | www.bailii.org

(1) In this article, the London 01 Apr 2009 html version of judgment of the England and Wales Court of Appeal (Civil Division), a recent appellate court decision provides Napp and Purdue, in protecting OXYCONTIN, with a definitive patent infringement victory over both Ratiopharm GmbH and Sandoz Ltd (winners at the prior lower court).  (2) Its conclusion at Paragraph No. 117 is clear and unambiguous.  "The patents are valid and infringed."  (3) This important decision reverses a prior 16 Dec 2008 decision.  From a financial point of view OXYCONTIN is vital - "Its importance is shown by its sales figures - of the order of £32 million per annum in the UK alone." (Paragraph No. 4)

Duncan MacDonaldConsultantDuncan McDonald

Is MasterCard's deal with the EC on interchange fees a global surrender on their legality?

April 2, 2009

Analysis of:Financial Times FT.com | www.ft.com

MasterCard's concessions on intra-EU interchange fees with the EC concedes the authority of the EC to regulate its and Visa's pricing practices.  Although yesterday's concessions cover only about 5% of all EU interchange fees, it will be next to impossible for MCI to avoid further and broader concessions.  In effect, MCI has conceded that its long held legal position is on shaky grounds.  Proof of the pudding is that it has given up an estimated $2B in the fees at a time when the weakened banking system desperately needs every penny it can get.  Perhaps it made a guess that governments will make up the shortfalls with taxpayer donations to the banks.  But that's doubtful in light of the extreme and growing popular resentment of bank bailouts.  In any case, MCI's surrender will severely weaken any defense Visa had in its arsenal.  It will also weaken their collective defenses in the New York court.  As such, it points the way toward a large settlement of the case within a year.

Martin AlpertVice President, Environmental ClaimsHINZ CLAIM MANAGEMENT INC

Punitive Damages: Supreme Court may have just set the rule with its Silence!

April 2, 2009

Analysis of:top stories from law.com | www.law.com

Silence by the Supreme Court on Punitive damages may say much more!Is the current state of the economy having an affect on Court rulings?

Trouble for TEVA with COPAXONE

April 1, 2009

Analysis by: GLG Expert Contributor

Analysis of:Teva (NasdaqGS:TEVA) Announces FDA Response to Citizen Petition (Re COPAXONE ANDA) | www.tevapharm.com

Teva should try to comply with the FDA requirements for the full new drug application of the generic version of COPAXONE and not rely on citizen petitions.

Patrick Joseph IgoeLife Sciences Patent AttorneyIndependent IP Litigation Consultant

COPAXONE Update: Teva (NasdaqGS:TEVA) Continues FDA And Patent Fights To Delay Or Prevent Launch Of Generic COPAXONE By Novartis (NYSE:NVS) In Collaboration With Momenta Pharmaceuticals (NasdaqGM:MNTA)

March 30, 2009

Analysis of:Teva (NasdaqGS:TEVA) Announces FDA Response to Citizen Petition (Re COPAXONE ANDA) | www.tevapharm.com

As stated in the 25 Mar 2009 press release by Teva (NasdaqGS:TEVA), the FDA recently denied Teva's Citizen Petition (CP) which was previously filed 26 Sep 2008.  Teva is now fully-engaged in its dual efforts to protect its American COPAXONE sales.  These dual efforts are (1) at the FDA: through petition practice, Teva seeks to have the FDA undertake specific action which in effect would either delay or prevent FDA review or approval of the now pending Novartis-Momenta Abbreviated New Drug Application No. 90-128 for generic COPAXONE; and (2) at the United States District Court for the Southern District of New York (USDC/SDNY): in Case No. 1:08-cv-07611-BSJ-JCF, Teva as Plaintiff has sued Novartis (NYSE:NVS) and Momenta (NasdaqGM:MNTA) for patent infringement of multiple FDA Orange Book patents [7 patents are listed in the FDA Orange Book 5981589 6054430 6342476 6362161 6620847 6939539 7199098].

Martin AlpertVice President, Environmental ClaimsHINZ CLAIM MANAGEMENT INC

Sherwin Williams: Rhode Island Litigation still Unresolved!

March 30, 2009

Analysis of:ri, paint cos. await decision on lawsuit costs | www.boston.com

Should the city be immune from paying the costs of litigation when it loses?

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