Earlier this year we posted about the decision on defendant’s motion to dismiss in Crockett v. Luitpold Pharmaceuticals, Inc., 2020 WL 433367 (E.D. Pa. Jan. 28, 2020).  We called it a “patchwork” decision, meaning we generally liked it but it wasn’t a seamless defense victory.  Well, the court ruled on another defense motion just this

Sometimes the DDL blog is ahead of the curve.  On more than one occasion we’ve advanced the idea that lack of personal jurisdiction should be a good defense to innovator liability in a post-BMS world.  After all, BMS held that there was no specific jurisdiction over a plaintiff’s claim just because the defendant allegedly

Here are a couple of things that happened recently (and no, we don’t mean a travel ban on Europe or the NBA cancelling the rest of its season).  They’re not related, but separate posts would be too short.

First, last November we warned our colleagues that it was time to start thinking of alternative grounds

Well, at least that’s true when we are blogging about defense wins.  And this week, we have another good gadolinium case.  This time from New York.

Just a quick reminder – gadolinium is a contrast agent that is injected into a patient before undergoing an MRI.  The gadolinium is intended to pass through the body,

One slushy morning this week, we found ourselves searching for our favorite black duck boots.   We found one and put in on, then, after much rummaging in the dark recesses of our closet, found a second.   At this point, we were on the edge of missing our train, so we put on the second shoe