News & Analysis as of

Damages Medical Devices

Searcy Denney Scarola Barnhart & Shipley

Recalled Medical Devices: How to Check If You Have One

Numerous medical devices sold in the United States are subject to active recalls. If you have a medical device that is subject to an active recall, it will be important to make sure you know what this means for your health...more

Carlton Fields

Court Denies Vacatur of Zero-Damage Arbitration Award, Finding No Manifest Disregard of the Law

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The case involved a dispute between a medical device manufacturer and a purchaser. The petitioner, Northgate Technologies Inc., alleged that United States Endoscopy Group Inc. breached a requirements contract by purchasing...more

Benesch

Update: Insulet Corp.’s Trade Secrets Jury Award Reduced From $452 Million to $59.4 Million to Avoid Double Recovery

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Following a recent trend to reduce large damages awards in trade secret misappropriation cases, a federal judge in Massachusetts cut Insulet Corp.’s damages award from $452 million to $59.4 million to avoid impermissible...more

Hogan Lovells

In key consumer case, U.S. Supreme Court expands the scope of injuries actionable under RICO

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In a 5-4 ruling this month, the U.S. Supreme Court’s decision in Medical Marijuana, Inc. v. Horn significantly expanded a plaintiff’s ability to sue under the Racketeer Influence and Corrupt Organizations Act (RICO) for...more

Searcy Denney Scarola Barnhart & Shipley

FDA Recalls: How to Stay Informed About Unsafe Products

Unsafe product recalls are alarmingly common. While all companies have a legal obligation to ensure that their products are safe for use or consumption, companies fail to meet this obligation far too often. In many cases,...more

Goldberg Segalla

Colorado Jury Issues First Defense Verdict after Years of EtO Exposure Lawsuits in US

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A Colorado jury issued a defense verdict following a six-week trial during which four women alleged their respective cancers were caused by exposure to EtO emitted by the nearby Terumo Blood & Cell Technologies Lakewood plant...more

Benesch

Insulet Corp. May Have to Choose Between $452 Million Jury Award or Permanently Blocking Competitor From Utilizing Its Trade...

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After receiving a jury verdict awarding $452 million in damages against a rival company for misappropriation of trade secrets, the prevailing party, Insulet Corp., may have to choose between portions of the damages award or...more

Searcy Denney Scarola Barnhart & Shipley

Choosing the Right Lawyer for Your Mass Tort Case

If you are entitled to just compensation for injuries caused by a defective medical device or another dangerous or defective product, you may be able to join an existing mass tort case. This is not the same as joining a class...more

Jenner & Block

Substantial Trade Secret Verdicts Continue with $452 Million Decision Against South Korean Company

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US civil juries have returned a number of substantial trade secret verdicts against defendants over the past decade. In December 2024, a company from South Korea became the most recent defendant on the receiving end of a...more

Jones Day

Reversal of Burden of Proof Under Proposal for a New EU Product Liability Directive

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In Short - The Situation: The EU Product Liability Directive 85/374/EEC ("PLD") was adopted nearly 40 years ago and has remained almost unchanged since its inception....more

American Conference Institute (ACI)

[Event] 21st Annual Life Sciences IP Summit - September 27th - 28th, Munich, Germany

Hosted by C5 Group, the 21st Annual Life Sciences IP Summit returns for another exciting year with curated programming with speakers from the pharma, biotech and medical device industries that will provide practical insights...more

Foley Hoag LLP

Product Liability Update - January 2023

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MASSACHUSETTS - Massachusetts Federal Court Holds State Law Claims Alleging Misleading “Rapid Release” Labeling Of OTC Acetaminophen Tablets Preempted By Federal Food, Drug, And Cosmetic Act, As Tablets’ Dissolution Rate...more

Console and Associates, P.C.

Final Bellwether 3M Earplug Trial Ends at $77.5 M Verdict.

A federal jury in Florida awarded $77.5 million in damages, including $72.5 million in punitive damages, to a former soldier who filed a claim alleging that his hearing loss resulted from defective 3M Co. earplugs. The case...more

Knobbe Martens

Surgeon wins $20M jury verdict against DePuy Synthes for Infringement of Knee Prosthesis Patents

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Rasmussen Instruments, LLC (“Rasmussen”) won a $20M jury verdict against DePuy Synthes (“Depuy”), a part of Johnson & Johnson Medical Devices Companies. Rasmussen asserted Patent Nos. US 9,492,180 (‘180 patent) and US...more

Bradley Arant Boult Cummings LLP

The Sad Tale of an On-Sale Bar Created by a “Business Associate”

The Federal Circuit recently reversed a lower court’s summary judgment that a medical device design patent was not invalid under the on-sale bar. As a result, the patent owner (Junker) lost the $1.25M infringement damages...more

Searcy Denney Scarola Barnhart & Shipley

3M Bair Hugger Litigation is Revived Following Appeals Court Ruling

3M Company, the manufacturer of multiple pharmaceutical and consumer products, is the defendant in a large mass tort litigation involving the company’s Bair Hugger warming blankets. According to a report from Reuters, the...more

Console and Associates, P.C.

3M Earplug Lawsuit Update 2021: $1.7M Award

Jury Awards Veteran With Hearing Loss $1.7 Million in Third Bellwether Trial - A Florida jury’s $1.7 million judgment in favor of the plaintiff on June 18, 2021, handed The 3M Company its second defeat in bellwether trials...more

Holland & Knight LLP

Healthcare Law Update: October 2020

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Earlier this year, the Office of the National Coordinator for Health Information Technology (ONC) published a final rule (ONC Rule) addressing interoperability, information blocking and patient access to data. The ONC Rule...more

Orrick, Herrington & Sutcliffe LLP

COVID19 IP Update: Can 3D Printing Be the Solution to the Medical Supply Shortage?

As the pandemic worsens, more and more hospitals and medical providers are experiencing shortfalls of critical supplies, including ventilators, face shields, and masks. Those with 3D printers and idle manufacturing centers...more

Smart & Biggar

2019 Highlights in Canadian Life Sciences IP and Regulatory Law

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In 2019, Rx IP Update reported on a number of developments in Canadian life sciences IP and regulatory law. We review top developments below: 1) PMPRB: Amendments to Regulations will come into force July 1, 2020, court...more

Morgan Lewis

Life Science International Review Q3 - Nov. 2019

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Welcome to the Q3 2019 issue of our Life Sciences International Review. This issue covers new developments within Europe, Asia, and the United States in intellectual property, regulatory, pricing, and international trade,...more

Pierce Atwood LLP

Even With Common Questions, Chapter 93A Deceptive Marketing Claims Are Ill-Suited for Class Treatment

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Earlier this month, in Plastic Surgery Associates, SC v. Cynosure, Inc., United States District Judge Denise Casper denied plaintiffs’ motion for class certification and allowed Cynosure’s motion for summary judgment on...more

Smart & Biggar

2019 Mid-Year Highlights in Canadian Life Sciences IP

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Below are the major highlights in Canadian life sciences intellectual property and regulatory law that we have reported on in the first half of 2019....more

Hanzo

How a Multifaceted Lawyer Takes on Multidistrict Litigation

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Sean Burke, Partner at Duane Morris, fills us in on the challenges of multidistrict litigation, the advantages of social media evidence, and new medical device technology. Sean Burke, a partner at Duane Morris LLP,...more

Smart & Biggar

Rx IP Update - February 2019

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Orders of prohibition relating to polymorphic form patent for PRISTIQ upheld on appeal - As previously reported, the Federal Court, in a pair of decisions, granted orders prohibiting Apotex and Teva from marketing their...more

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