Product Liability Litigation: 'Stand And Fight' Strategy Pays Off For Drug And Device Makers
Legal analytics company Lex Machina finds that manufacturers most often win at summary judgement stage; however, about 96% of cases settle or are resolved procedurally.
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Drug makers are winning cases by getting expert testimony tossed, but the AndroGel verdict shows how narrow claims can benefit plaintiffs. The Pink Sheet offers a look at drugs in multidistrict litigation from Abilify to Zoloft.
Federal Circuit ruling in GSK v. Teva shows brands can broaden a use code to include other patented indications years into litigation, AAM attorney says. The case is ‘scarier’ for biosimilar makers since they must market their products, Teva lawyer notes.
Agency’s apparent ‘intellectual exercise’ in treating pre-Hatch-Waxman ANDAs as NDAs could expose biosimilars to liability, Teva deputy general counsel notes at FDLI conference.