129 results for 'filedAt:"2023-11-01"'.
J. Kennelly grants in part a pharmaceutical company's motion to exclude the testimony of two expert witnesses in a litigation by patients who claim they suffered cardiovascular or blood clot injuries as a result of taking prescription testosterone replacement therapy drugs. The cardiovascular medicine expert is nonqualified for the testimony on marketing techniques and the regulatory expert's testimony properly applied a method to distinguish their condition from others that share similar clinical features. The pharmaceutical company's motion for summary judgment on patients' punitive damages and noneconomic damages is granted. However, the other claims for summary judgment shall be denied and returned to the home districts. This one order applies to several, unconsolidated cases.
Court: USDC Northern District of Illinois, Judge: Kennelly, Filed On: November 1, 2023, Case #: 1:15cv9699, NOS: Personal Injury - Health Care/Pharmaceutical Personal Injury/Product Liability - Torts - Personal Injury, Categories: Product Liability, Experts, Class Action
J. Paez finds that the district court improperly dismissed a Copyright Act action concerning infringement of a choreographic work. Choreographer Kyle Hanagami claimed that Epic Games, the creator of the videogame Fortnite, infringed the copyright of a choreographic work when the company created and sold a virtual animation, known as an “emote,” depicting portions of the registered choreography. Hanagami plausibly alleged that his choreography and Epic’s emote shared substantial similarities. Reversed.
Court: 9th Circuit, Judge: Paez, Filed On: November 1, 2023, Case #: 22-55890, Categories: Copyright
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J. Moss finds for the FDA and a pharmaceutical company on a generic drugmaker's challenge to the FDA's tentative, rather than final, approval, which will not allow it to sell its irritable bowel syndrome medication until 2029. The generic drugmaker fails to show the lower court's order addressing the parties' patent issues would have allowed the FDA authority to approve the company's drug prior to 2029.
Court: USDC District of Columbia, Judge: Moss, Filed On: November 1, 2023, Case #: 1:23cv1611, NOS: Administrative Procedure Act/Review or Appeal of Agency Decision - Other Suits, Categories: Administrative Law, Patent
J. Baker finds the trial court properly ruled to terminate a mother's and father’s parental rights to their children. On appeal, the parents challenge the sufficiency of evidence used to support the termination of their rights. The court’s decision to terminate the parents' rights was made based on legally and factually sufficient evidence, showing that the parents engaged in inappropriate parental conduct. Affirmed.
Court: Texas Courts of Appeals, Judge: Baker, Filed On: November 1, 2023, Case #: 03-23-00440-CV, Categories: Family Law
J. Kennelly grants in part a pharmaceutical company’s motion to exclude the testimony of two expert witnesses in a litigation by patients who claim they suffered cardiovascular or blood clot injuries as a result of taking prescription testosterone replacement therapy drug AndroGel. The cardiovascular medicine expert is nonqualified for the testimony on marketing techniques and the regulatory expert’s testimony properly applied a method to distinguish their condition from others that share similar clinical features. The pharmaceutical company’s motion for summary judgment on patients’ punitive damages and noneconomic damages is granted. However, the other claims for summary judgment shall be denied and returned to the home districts. This one order applies to several, unconsolidated cases.
Court: USDC Northern District of Illinois, Judge: Kennelly, Filed On: November 1, 2023, Case #: 1:17cv4117, NOS: Personal Injury - Health Care/Pharmaceutical Personal Injury/Product Liability - Torts - Personal Injury, Categories: Product Liability, Experts, Class Action