Hospital Claim Dismissed for Want of Redressability

The recent decision in Dignity v. Burwell is interesting for three reasons.  For one thing, it provides a reminder of the unfortunate fact that the acts (or inaction) of one party can adversely affect the fate of others—as when your dad punished all the kids for something only your stupid kid brother did. In …

[Read more...]

Your Drug Patent Rights Transfer May Be Reportable, Court of Appeals Confirms

On Nov. 6, 2013, the Federal Trade Commission (FTC or Commission) modified its Hart-Scott-Rodino Act (HSR) rules to clarify that transfers of patent rights within the pharmaceutical industry constitute potentially reportable asset transactions even if patent holders retain limited manufacturing rights or …

[Read more...]

Sen. Health Committee Chairman Blasts “Whimsical” Health Agency Guidance

Sen. Lamar Alexander, chairman of the Senate Health, Education & Labor Committee, has issued letters to the Department of Health & Human Services and a number of federal agencies, requesting information about their procedures for issuing so-called “guidance documents.” Alexander’s concern is that …

[Read more...]