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As we concluded in a post last week, no one really knows whether IP litigation is up or down. But one subset of IP litigation seems to be thriving: the wars between drug manufacturers and generics. We've got news to report in a six-year-old battle between Japanese drugmaker Daiichi Sankyo and generic maker Apotex. In an opinion made public Tuesday, a New Jersey district court dismissed with prejudice Apotex's antitrust claims against Daiichi.
Van Sicklen was drastically outnumbered in the courtroom when he argued for confirmation of the Wisconsin insurance commissioner's plan to segregate $60 billion in Ambac insurance policies in an account that will pay policyholders only 25 cents on the dollar in cash. But sometimes, smaller is better.
Plaintiffs in a securities class action against NutriSystem got little sustenance this week after failing to convince a federal district court judge that the weight loss company intentionally misled investors.
When DuPont spun off the company that makes Lycra clothing and Stainmaster carpets, it saddled Invista with plants that featured 680 health and safety violations. Invista has agreed to clean up the troubled plants. But it's suing DuPont in federal district court to recover damages.
The company has already advanced roughly $170 million for the legal fees of executives sued over backdating. A reported new trial for former CEO Gregory Reyes will push that figure higher.
Both firms face class claims for primary liability and aiding and abetting an alleged $900 million fraud by Mortgages Ltd. and another company. A Quarles & Brady partner has acknowledged to the SEC that he was concerned his client's actions had "a Ponzi scheme feel," according to the plaintiffs.
Two of the cases were meat-and-potatoes securities fraud actions. But the third can only be described as a delicious concoction, one in which Skadden defended Jon Bon Jovi, Major League Baseball, Turner Broadcasting, and the Boston Red Sox against claims they misappropriated a locally famous "love anthem" to the BoSox.
Precedent ruled the day at the U.S. Court of Appeals for the Fifth Circuit in a price-fixing case against makers of liquid-crystal display panels, even if not all the judges were particularly happy about it. Who was happy? Lawyers for the LCD makers at White & Case.
Last week's $1.1 billion award against Johnson & Johnson's Janssen Pharmaceuticals unit was the biggest yet in a cascade of state court judgments over marketing of the anti-psychotic Risperdal. But it's not over yet: More state AGs are now jumping into the fray, and J&J's lawyers at Drinker Biddle haven't shown any inclination to settle.
The waning days of September brought the end to a slew of big patent cases involving R.J. Reynolds, Freddie Mac, LG, and others, with Verizon alone agreeing to pay more than $500 million to put two separate infringement suits to rest.
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