News & Analysis as of

CA Supreme Court Pharmaceutical Industry

Morrison & Foerster LLP

Cases to Watch: Gilead Life Sciences v. Superior Court

The California Supreme Court granted review in Gilead Life Sciences v. Superior Court—a hopeful turn of events after lower courts issued decisions that resulted in an unprecedented expansion of negligence liability for...more

Jones Day

California Supreme Court Will Review Novel Negligence Theory for Pharmaceutical Manufacturers

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The Situation: The California Supreme Court recently granted review of a California Court of Appeal decision, Gilead Life Sciences, Inc. v. The Superior Court of the City and County of San Francisco, that made waves in the...more

ArentFox Schiff

California Supreme Court to Review Newly Created Duty to Market a “Safer” Product Even in the Absence of a Defect

ArentFox Schiff on

On May 1, the California Supreme Court granted Gilead Science Inc.’s request to review a California appellate court’s holding that the pharmaceutical manufacturer must defend against negligence claims stemming from its...more

Faegre Drinker Biddle & Reath LLP

Ixchel Pharma, LLC v. Biogen, Inc.: Opening the Door to Non-Compete Agreements Between Businesses in California

In a recent decision, Ixchel Pharma, LLC v. Biogen, Inc., the Supreme Court of California opened the door for some restrictive covenants between commercial enterprises, but it left alone California law generally prohibiting...more

Payne & Fears

Economic Tort of Tortious Interference With At-Will Contractual Relations Requires Allegation of Independent Wrongful Act

Payne & Fears on

In Ixchel Pharma, LLC v. Biogen, Inc., S256927, 2020 WL 4432623 (Cal. Aug. 3, 2020) (“Ixchel Pharma”), the Supreme Court of California clarified two points: (1) that to state a claim for interference with an at-will contract...more

Pillsbury Winthrop Shaw Pittman LLP

California Supreme Court Holds Law Restricting Employment Non-Competes Also Applies to Businesses Contracts Under Antitrust Real...

In Ixchel Pharma, LLC v. Biogen, Inc., the court addresses “an important question of California law, potentially affecting all contracts in California that in some way restrain a contracting party from engaging in a...more

Nossaman LLP

More on the Duty to Defend

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The California Supreme Court recently granted review in Travelers Property & Casualty Co. v. Actavis, Inc., a very unusual case where two counties sued the manufacturers of opiate medicines for allegedly engaging in a...more

Bradley Arant Boult Cummings LLP

California Supreme Court Recognizes “Innovator Liability”

Last week, the California Supreme Court in T.H. v. Novartis Pharmaceuticals Corp., became the first state high court to recognize the doctrine of “innovator liability,” unanimously holding that brand-name prescription drug...more

Stinson LLP

U.S. Supreme Court Will Hear Case That Could Limit Out-of-State Product Liability Actions

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In September, we discussed several new trends in jurisdiction, including an opinion—Bristol-Myers Squibb Co. v. Superior Court of San Francisco County—in which the California Supreme Court held that hundreds of non-California...more

Latham & Watkins LLP

California Supreme Court Decision Could Allow for Greatly Expanded Personal Jurisdiction

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The California Supreme Court’s recent opinion on specific jurisdiction may have far-reaching consequences for future actions brought in the state. In the recently published opinion in Bristol-Myers Squibb Co. v. Superior...more

Troutman Pepper

Calif. Asks Innovator Drug Brands to Do the Impossible

Troutman Pepper on

Eight years ago, in Conte v. Wyeth, the California Court of Appeals shocked brand prescription drug manufacturers when it held that they could be liable for injuries caused by generic versions of their medications — an...more

Orrick, Herrington & Sutcliffe LLP

California Supreme Court Details Antitrust Analysis of "Reverse Payment" Patent Settlements

Last week, in In re Cipro Cases I & II, Case No. S198616, the Supreme Court of California adopted the United States Supreme Court's application of the Rule of Reason to the antitrust analysis of so-called "reverse payment"...more

Foley & Lardner LLP

California Supreme Court Scrutinizes Reverse Payment ANDA Settlements

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In In Re Cipro Cases I & II, the California Supreme Court laid out a four-part rule of reason analysis for evaluating ANDA settlements that involve a reverse payment to the generic challenger (also referred to as “pay for...more

Sheppard Mullin Richter & Hampton LLP

California Supreme Court Delineates a Structured Rule of Reason Analysis for Evaluating Reverse Payment or Pay-for-Delay...

On May 7, 2015, the California Supreme Court issued its long-awaited decision in In re Cipro Cases I & II, Case No. S198616 (May 7, 2015) (Cipro). Cipro holds that reverse payment settlements can be challenged under...more

Patterson Belknap Webb & Tyler LLP

Following Actavis, California Supreme Court Crafts “Structured Rule of Reason” Test for Evaluating Pay-for-Delay Settlements

Last Thursday the Supreme Court of California decided In re Cipro Cases I & II, No. S198616 (Cal. May 7, 2015), holding that reverse payment, or “pay-for-delay,” settlements can be challenged as unreasonable restraints on...more

Ballard Spahr LLP

CA Supreme Court Issues First Decision Extending FTC v. Actavis to State Antitrust Litigation

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The California Supreme Court issued a decision today in the Cipro antitrust cases, concluding that the analysis set forth by the U.S. Supreme Court in FTC v. Actavis applies to alleged “pay-for-delay” pharmaceutical patent...more

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