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  • Month: November 2008

    • A Federal Court Determines that CMS’s “Least Costly Alternative” Policy is Contrary to LawNovember 9th, 2008

      By Carrie S. Martin – On October 16, 2008, the U.S. District Court of the District of Columbia issued an opinion in Hays v. Leavitt holding that the “least costly alternative” policy implemented by the Centers for Medicare and Medicaid Services (“CMS”) was contrary to …

    • RICO and Off-Label Use Don’t MixNovember 7th, 2008

      By Bryon F. Powell – On November 4, 2008, the United States District Court for the Middle District of Florida granted Defendants AstraZeneca’s and Parexel’s Motions to Dismiss in Ironworkers Local Union No. 68 v. AstraZeneca Pharmaceuticals LP.  In this case, the Plaintiffs, various union …

    • D.C. Circuit Issues Opinion in Generic RISPERDAL 180-Day Exclusivity Litigation Reversing District Court DecisionNovember 7th, 2008

      By Kurt R. Karst –       Earlier today, the U.S. Court of Appeals for the District of Columbia Circuit issued its opinion in Teva Pharmaceuticals USA, Inc. v. Leavitt.  The case concerns the availability of 180-day exclusivity for a generic version of Janssen Pharmaceutica’s schizophrenia drug …

    • I’ll Take “Orange Book History” for $1,500, Alex . . . .November 6th, 2008

      By Kurt R. Karst – Answer: "October 24, 2008" . . . .  queue Jeopardy!  think music . . . .  Question: "What is the date on which patent information was first listed in the Orange Book covering an old antibiotic drug product?"  Alex Trebek: "Correct!"    On …

    • FDA’s Reportable Food Registry Moves One Step Closer to RealityNovember 6th, 2008

      By Ricardo Carvajal –       FDA recently published a notice of a proposed collection of information that solicits comments on the use of its new electronic system, called MedWatchPlus Portal, for the collection, submission, and processing of adverse event reports and other safety information for all …

    • FDA Finalizes Prior Notice Rule and Issues Draft CPGNovember 5th, 2008

      By Diane B. McColl & Ricardo Carvajal –   FDA has published a final rule and a draft Compliance Policy Guide (“CPG”) on prior notice of imported food shipments under the Bioterrorism Act of 2002 (“BT Act”).  The final rule and draft CPG are available here. …

    • FTC Commissioner Speaks Out on Follow-On Biologics – Current Initiatives and Long-Term GoalsNovember 4th, 2008

      By Kurt R. Karst –       Commissioner Pamela Jones Harbour of the Federal Trade Commission (“FTC”) recently gave a speech, titled “The Federal Trade Commission’s Perspective on Biosimilars: Current Initiatives and Long-Term Goals.”  This is at least the second speech in which Commissioner Harbour has address …

    • Wyeth v. Levine – Supreme Court Oral ArgumentNovember 3rd, 2008

      By Kurt R. Karst –      Your loyal and intrepid bloggers were in attendance at today's argument before the U.S. Supreme Court in Wyeth v. Levine.  The case has been billed by some as the business case of the century; however, we think such hype is …

    • Two HP&M Attorneys Named Best Food and Drug Lawyers in Washington, DCNovember 2nd, 2008

      The FDA Law Blog would like to congratulate our colleagues Jim Phelps and Jeff Gibbs on being named among the best Food and Drug Lawyers in Washington, DC, according to "Washington DC's Best Lawyers," in association with the Legal Times.  We've always thought they were …