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Roche Gets Second Chance In Accutane Liability Suit; Pre-emption Still Possible

Executive Summary

A New Jersey appeals court vacated a $2.6 million jury verdict against Roche and ordered a new trial to determine if its acne drug Accutane (isotretinoin) caused a plaintiff's inflammatory bowel disease

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Legal Briefs: Rx Data Mining Law Upheld, Angiomax Patent Extended, Accutane Verdict Vacated

First Circuit upholds Maine law on prescribers' privacy: A Maine statute allowing physicians to choose not to make identifying information about their prescribing available for use in marketing is constitutional, the U.S. Court of Appeals for the First Circuit ruled Aug. 4. IMS Health, Verispan and Source Healthcare Analytics filed suit to block the law claiming its restrictions on use of prescribers' identifying data limited free speech and also regulated transactions outside of Maine in violation of the dormant Commerce Clause. In 2008, the First Circuit upheld a similar New Hampshire law that banned the sale of physician prescribing data (1"The Pink Sheet," Nov. 24, 2008). In the current case, IMS v. Mills, the court said the statute regulates conduct not speech and that it "constitutionally reaches plaintiffs' out-of-state transactions as a necessary incident of Maine's strong interest in protecting opted-in Maine prescribers from unwanted solicitations.

Legal Briefs: Rx Data Mining Law Upheld, Angiomax Patent Extended, Accutane Verdict Vacated

First Circuit upholds Maine law on prescribers' privacy: A Maine statute allowing physicians to choose not to make identifying information about their prescribing available for use in marketing is constitutional, the U.S. Court of Appeals for the First Circuit ruled Aug. 4. IMS Health, Verispan and Source Healthcare Analytics filed suit to block the law claiming its restrictions on use of prescribers' identifying data limited free speech and also regulated transactions outside of Maine in violation of the dormant Commerce Clause. In 2008, the First Circuit upheld a similar New Hampshire law that banned the sale of physician prescribing data (1"The Pink Sheet," Nov. 24, 2008). In the current case, IMS v. Mills, the court said the statute regulates conduct not speech and that it "constitutionally reaches plaintiffs' out-of-state transactions as a necessary incident of Maine's strong interest in protecting opted-in Maine prescribers from unwanted solicitations.

Roche Removes a Blemish: Drugmaker Drops Its One-Time Acne Blockbuster Accutane

Holding less than 5 percent of isotretinoin market and burdened with the costs of personal injury suits, Roche decides to discontinue its acne drug.

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