Monday, January 31, 2011

Ninth Circuit Court of Appeals holds against preemption claim by manufacturer of generic drug

As we wait to see how the Supreme Court will approach the generic prescription drug manufacturers’ preemption defense in Actavis Elizabeth, LLC v. Mensing, which is scheduled for argument on March 30, the Court of Appeals for the Ninth Circuit has issued an opinion in anew case in which it agrees with the Fifth and Eighth Circuits in rejecting the generics’ preemption defense. The case is called Gaeta v. Perrigo Pharms. Co., and the opinion is available here. For the background information on this issue and lots of links to more information, go to my previous post here and to Pharmalot, FDA Law Blog, and the Drug and Device Law Blog.

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