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Last month, the Fourth Circuit joined other Circuits in finding that Lanham Act false advertising and false association claims are governed by a case-specific equitable analysis of laches rather than a hard and fast statute of limitations. Although the
Bayer decision may appear more forgiving to plaintiffs looking to pursue older claims, the Fourth Circuit made clear that, in the ordinary case, plaintiffs bringing claims after the applicable limitation period expires will face an uphill battle in obtaining relief.
Bayer’s Claims and the District Court’s Ruling
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It is well known in the restructuring world that a debtor in bankruptcy can’t get a PPP loan. But what if you’re a debtor and decide a PPP loan could save your business? Will a court dismiss the case so you can seek a loan?
The issue arose recently where a chapter 11 debtor already had DIP financing in place. The debtor’s motion to dismiss drew creditor opposition. But the court concluded that allowing the debtor out of bankruptcy to seek a PPP loan made sense.
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Recent decisions in two different antitrust cases involving price increases and marketing practices for the EpiPen address a relationship solidly embedded in the current architecture of pharmaceutical drug markets: payments between manufacturers and pharmacy benefit managers (“PBMs”) hired by health plans to manage prescription drug programs. These new rulings suggest that while certain manufacturer rebates have come under increased scrutiny in recent years, the standard industry practice remains on firm footing.
In general, health plans hire PBMs to design, manage, and administer drug benefit programs, including to (i) negotiate with manufacturers to obtain rebates to offset the list prices of drugs and (ii) to design and manage formularies and formulary compliance programs. Rather than negotiate with manufacturers on their own, a number of health plans hire PBMs to negotiate collectively on their behalf. In ex
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On Tuesday, March 2, 2021, Virginia became the second U.S. state to enact a broad data privacy regime after Governor Ralph Northam signed the Virginia Consumer Data Protection Act (CDPA) into law. Virginia follows California, which became the first state to pass a comprehensive data privacy law, the California Consumer Privacy Act (CCPA), in June 2018. The CCPA became operative January 1, 2020 after several amendments necessary for its implementation, which we previously covered here and here. (California is set to enact another privacy law entitled the California Privacy Rights Act (CPRA) - to update the CCPA in November 2020.) There is also a raft of other state privacy laws in the pipeline, and Virginia’s new law aligns with a trend toward states ratcheting up broadly applicable privacy-related legal obligations.
The fight over proposed Enbrel
® (etanercept) biosimilar Erelzi
certiorari requesting review of the judgement of the Federal Circuit on whether:
[a] patent owner [may] avoid the rule against double patenting by buying all of the substantial rights to a second, later-expiring patent for essentially the same invention, so long as the seller retains nominal ownership and a theoretical secondary right to sue for infringement?
Petition at i. In July 2020, the Federal Circuit considered Sandoz’s arguments that two patents covering Immunex Corp.’s (“Immunex”) Enbrel were invalid for obviousness-type double patenting. The Federal Circuit concluded that the patents-at-issue were not owned by Immunex, and therefore not subject to the alleged obviousness-type double patenting defect.