Regaining the balance of Hatch-Waxman in the FDA generic approval process: an equitable remedy to the thirty-month stay

Article Abstract:

Drug companies can delay the manufacture of generic drugs based on their products by filing patent infringement suits that result in an automatic 30-month stay. To enable themselves to do this, pioneer drug companies often file patents with the FDA that do not directly relate to the drug in question. A remedy for this would be to require pioneer companies to post a bond when the 30-month stay begins.

Pharmaceutical Preparation Manufacturing, Pharmaceutical preparations, Patents & copyrights, Generic Drugs, Pharmaceutical industry, Intellectual property, Stays of execution, proceedings, etc., Stays (Law), Patent infringement

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Rethinking unwaivable conflicts of interest after United States v. Schwarz and Mickens v. Taylor

Article Abstract:

The US Court of Appeals for the 2d Circuit reversed a conviction in United States v. Schwarz because of the defendant's lawyers conflict of interest. However, in a similar case, Mickens v. Taylor, the US Surpeme Court did not reverse the conviction at issue. Schwarz is at odds with Mickens and creates a standard that could be problematic for both judges and defendants.

Right to counsel, Conflict of interests (Attorneys), Conflicts of interest (Lawyers), Judicial discretion

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Factors impacting the selection and positioning of human rights class actions in United States courts: a practical overview

Article Abstract:

Human rights class actions in the United States face many civil procedure issues and also some relating to political support and public relations. Some of the issues that must be considered by litigants planning such a class action are examined here.

Strategy & planning, International Affairs, Management dynamics, Human Rights, Planning, Class actions (Civil procedure), Class action lawsuits, Practice, Company business planning, Civil procedure, Tort law

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