DOCSLIB.ORG

In the United States District Court for the District of Massachusetts

Total Page：16

File Type：pdf, Size：1020Kb

Download full-text PDF Read full-text
In the United States District Court for the District of Massachusetts Case 1:15-cv-10698-MLW Document 508 Filed 02/22/17 Page 1 of 26 IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF MASSACHUSETTS JANSSEN BIOTECH, INC. Plaintiffs, v. Civil Action No. 1:15-cv-10698 Civil Action No. 1:16-cv-11117 CELLTRION HEALTHCARE CO., LTD., CELLTRION, INC., and HOSPIRA, INC. Defendants. MEMORANDUM IN SUPPORT OF DEFENDANTS’ MOTION TO DISMISS FOR LACK OF STANDING Case 1:15-cv-10698-MLW Document 508 Filed 02/22/17 Page 2 of 26 TABLE OF CONTENTS I. Legal Standards ................................................................................................................ 3 II. Janssen Lacked Standing To Assert The ’083 Patent In Its 2015 Complaint ............. 3 A. Janssen Did Not Join Co-Owner Dr. Horwitz ........................................................ 4 B. Johnson & Johnson and Other Johnson & Johnson Affiliates Remain Co- Owners of the ’083 Patent..................................................................................... 10 The Plain Language of the Epstein, Marsh, Monsell, and Ozturk Employee Secrecy Agreements Assigned the ’083 Patent to a Group of Related Companies .................................................................... 10 None of Janssen’s Arguments Justify Rejecting the Plain Meaning of “COMPANY” In Favor of Janssen’s “Traveling” Interpretation ......... 14 III. Janssen Lacked Standing To Assert The ’083 Patent In Its 2016 Complaint ........... 19 IV. Conclusion ....................................................................................................................... 19 Case 1:15-cv-10698-MLW Document 508 Filed 02/22/17 Page 3 of 26 TABLE OF AUTHORITIES Page(s) Cases Abraxis Bioscience, Inc. v. Navinta LLC, 625 F.3d 1359 (Fed. Cir. 2010)............................................................................................4, 19 Alt. Energy, Inc. v. St. Paul Fire & Marine Ins. Co., 267 F.3d 30 (1st Cir. 2001) ......................................................................................................16 Arachnid, Inc. v. Merit Indus., Inc., 939 F.2d 1574 (Fed. Cir. 1991)......................................................................................4, 5, 6, 9 Boardwalk Regency Corp. v. New Jersey Casino Control Comm’n, 352 N.J. Super. 285, 800 A.2d 157 (App. Div. 2002) .............................................................15 Corp. v. Allied-Signal Inc., 939 F.2d 1568 (Fed. Cir. 1991)....................................................................................6, 7, 9, 19 Crawford v. Lamantia, 34 F.3d 28 (1st Cir. 1994) ..........................................................................................................4 D.R. by M.R. v. E. Brunswick Bd. of Educ., 838 F. Supp. 184 (D.N.J. 1993) ...............................................................................................10 DDB Techs., L.L.C. v. MLB Advanced Media, L.P., 517 F.3d 1284 (Fed. Cir. 2008)..................................................................................................7 Dixon v. NBCUniversal Media, LLC, 947 F. Supp. 2d 390 (S.D.N.Y. 2013)................................................................................11, 12 Ethicon Endo-Surgery, Inc. v. Pemberton, No. 10-3973-B, 2010 WL 7926204 (Mass. Sup. Ct. Oct. 27, 2010) .......................................12 Ethicon, Inc. v. U.S. Surgical Corp., 135 F.3d 1456 (Fed. Cir. 1998)..................................................................................................3 Fed. Land Bank of St. Paul v. Bismarck Lumber Co., 314 U.S. 95 (1941) ...................................................................................................................15 Freedom Wireless, Inc. v. Boston Commc’ns Grp., Inc. 220 F. Supp. 2d 16 (D. Mass. 2002) ..........................................................................................9 Gabriel v. Jackson Nat. Life Ins. Co., No. 11-12307, 2015 WL 1410406 (D. Mass. Mar. 26, 2015) (Wolf, J.), appeal dismissed (Aug. 24, 2015) .......................................................................................................18 Case 1:15-cv-10698-MLW Document 508 Filed 02/22/17 Page 4 of 26 Gellman v. Telular Corp., 449 F. App’x 941 (Fed. Cir. 2011) ................................................................................4, 5, 8, 9 Grupo Dataflux v. Atlas Glob. Grp., L.P., 541 U.S. 567 (2004) ...................................................................................................................3 Hoffman-La Roche Inc. v. Teva Pharm. USA, No. 09-5283, 2011 WL 6028583 (D.N.J. Dec. 2, 2011) ............................................................9 Imatec, Ltd. v. Apple Computer, Inc., 81 F. Supp. 2d 471 (S.D.N.Y. 2000)..........................................................................................9 Intuitive Surgical et al. v. Ethicon Endo-Surgery, Inc., et al., No. 110-cv-183148 (Cal. Super. Ct., filed Oct. 27, 2010) .................................................13, 17 Intuitive Surgical et al. v. Ethicon Endo-Surgery, Inc., et al., No. 110-cv-1834148 (Cal. Super. Ct. filed Sept. 21, 2010) ....................................................17 IpVenture, Inc. v. Prostar Computer, Inc., 503 F.3d 1324 (Fed. Cir. 2007)........................................................................................ passim IpVenture, Inc. v. Prostar Computer Inc., No. 03-5780 (C.D. Cal. July 27, 2005) ......................................................................................6 Johnson & Johnson, DePuy Orthopedics, Inc. et al. v. Biomet, Inc. and Robin T. Barney, No. C-107-07 (N.J. Super. Ct. dated Dec. 6, 2007) .....................................................13, 14, 17 Kampf v. Franklin Life Ins. Co., 33 N.J. 36, 161 A.2d 717 (1960)..............................................................................................18 Kieffer v. Best Buy, 205 N.J. 213, 14 A.3d 737 (2011)........................................................................................2, 18 Kotkin v. Aronson, 175 N.J. 453, 815 A.2d 962 (2003)..........................................................................................18 McMahon v. City of Newark, 195 N.J. 526, 951 A.2d 185 (2008)..........................................................................................18 Mentor H/S, Inc. v. Med. Device All., Inc., 240 F.3d 1016 (Fed. Cir. 2001)..................................................................................................3 N.A.A.C.P., Boston Chapter v. Harris, 607 F.2d 514 (1st Cir. 1979) ......................................................................................................4 Nat’l Fed’n of Indep. Bus. v. Sebelius, 132 S. Ct. 2566 (2012) ...............................................................................................................8 4 Case 1:15-cv-10698-MLW Document 508 Filed 02/22/17 Page 5 of 26 Newark Publishers’ Ass’n v. Newark Typographical Union, No. 103, 22 N.J. 419, 126 A.2d 348 (1956)............................................................................................18 Nye v. Ingersoll Rand Co., 783 F. Supp. 2d 751 (D.N.J. 2011) ..........................................................................................18 Phelps Dodge Corp. v. N.L.R.B., 313 U.S. 177 (1941) .................................................................................................................15 Pontery v. Peters, 118 N.J.L. 581 (1937) ..............................................................................................................16 Sicom Sys., Ltd. v. Agilent Techs., Inc., 427 F.3d 971 (Fed. Cir. 2005)....................................................................................................3 Speedplay, Inc. v. Bebop, Inc., 211 F.3d 1245 (Fed. Cir. 2000)..................................................................................................7 Taylor v. Taylor Made Plastics, Inc., 565 F. App’x 888 (Fed. Cir. 2014) ........................................................................................1, 3 Twp. of White v. Castle Ridge Dev. Corp., 419 N.J. Super. 68, 16 A.3d 399 (App. Div. 2011) .................................................................18 Rules Fed. R. Civ. P. 12(h)(3)....................................................................................................................3 Fed. R. Evid. 804(b)(3) ....................................................................................................................8 5 Case 1:15-cv-10698-MLW Document 508 Filed 02/22/17 Page 6 of 26 Based on the three briefs Janssen already filed on this subject, it is clear that neither of Janssen’s complaints against Defendants satisfied the “long-established rule” that “a suit for patent infringement must join all co-owners of the patent as plaintiffs.” Taylor v. Taylor Made Plastics, Inc., 565 F. App’x 888, 889 (Fed. Cir. 2014). Count 6 of Janssen’s 2015 complaint and all counts of the 2016 complaint should be dismissed on this basis. First, for named inventor Dr. Joseph Horwitz, Janssen is relying on a 1998 agreement with nearly identical language to an agreement the Federal Circuit has already ruled was not an assignment of patent ownership. In that case—which involved contract language Janssen admits is “the closest language” to Dr. Horwitz’s agreement (Dkt. 471 at 5)—the Federal Circuit held that the agreement was merely “an agreement to assign” in the future, which “must be implemented by written assignment.” IpVenture, Inc. v. Prostar Computer, Inc., 503 F.3d 1324, 1327 (Fed.
Load more

Recommended publications
  • Learner Notification International Society for Heart & Lung
    Learner Notification International Society for Heart & Lung Transplantation (ISHLT) 41st Annual Meeting & Scientific Sessions Virtual Experience April 24 – 28, 2021 Live Virtual Acknowledgement of Financial Commercial Support Abbott Medtronic United Therapeutics Acknowledgement of In-Kind Commercial Support No in-kind commercial support was received for this educational activity. Satisfactory Completion Learners must complete an evaluation form to receive a certificate of completion. Your chosen sessions must be attended in their entirety as partial credit of individual sessions is not available. If you are seeking continuing education credit for a specialty not listed below, it is your responsibility to contact your licensing/certification board to determine course eligibility for your licensing/certification requirement. Physicians (ACCME) The International Society for Heart and Lung Transplantation (ISHLT) is accredited by the Accreditation Council for Continuing Medical Education to provide continuing medical education for physicians. Credit Designation Statement - ISHLT designates this live virtual activity for a maximum of 32.00 AMA PRA Category 1 CreditsTM. Physicians should claim only the credit commensurate with the extent of their participation in the activity. Accreditation Statement In support of improving patient care, this activity has been planned and implemented by Amedco LLC and ISHLT. Amedco LLC is jointly accredited by the Accreditation Council for Continuing Medical Education (ACCME), the Accreditation Council for Pharmacy Education (ACPE), and the American Nurses Credentialing Center (ANCC), to provide continuing education for the healthcare team. Nurses (ANCC) - Credit Designation Statement - Amedco LLC designates this live virtual activity for a maximum of 32.00 ANCC contact hours. Pharmacists (ACPE) - Credit Designation Statement - Amedco LLC designates this live virtual activity for a maximum of 32.00 knowledge-based CPE contact hours.
    [Show full text]
  • From the Academy
    FROM THE ACADEMY Joint American Academy of DermatologyeNational Psoriasis Foundation guidelines of care for the management and treatment of psoriasis with phototherapy Craig A. Elmets, MD (Co-Chair),a HenryW.Lim,MD,b Benjamin Stoff, MD, MA,c Cody Connor, MD,a Kelly M. Cordoro, MD,d Mark Lebwohl, MD,e AprilW.Armstrong,MD,MPH,f Dawn M. R. Davis, MD,g Boni E. Elewski, MD,a Joel M. Gelfand, MD, MSCE,h Kenneth B. Gordon, MD,i AliceB.Gottlieb,MD,PhD,j Daniel H. Kaplan, MD, PhD,k Arthur Kavanaugh, MD,l Matthew Kiselica, BA/BS,m Dario Kivelevitch, MD,n Neil J. Korman, MD, PhD,o Daniela Kroshinsky, MD, MPH,p Craig L. Leonardi, MD,q Jason Lichten, MD,m NehalN.Mehta,MD,MSCE,r Amy S. Paller, MD,s Sylvia L. Parra, MD,t Arun L. Pathy, MD,u Elizabeth A. Farley Prater, MD,v Reena N. Rupani, MD,e Michael Siegel, PhD,m BruceE.Strober,MD,PhD,w,x Emily B. Wong, MD,y Jashin J. Wu, MD,z Vidhya Hariharan, PhD,aa and Alan Menter, MD (Co-Chair)n Birmingham, Alabama; Detroit, Michigan; Atlanta, Georgia; San Francisco, Los Angeles, San Diego, and Irvine, California; New York, New York; Rochester, Minnesota; Philadelphia and Pittsburgh, Pennsylva- nia; Milwaukee, Wisconsin; Portland, Oregon; Dallas and San Antonio, Texas; Cleveland, Ohio; Boston, Massachusetts; St. Louis, Missouri; Bethesda, Maryland; Chicago and Rosemont, Illinois; Sumter, South Carolina; Centennial, Colorado; Oklahoma City, Oklahoma; Farmington, Connecticut; and Waterloo, Ontario, Canada Psoriasis is a chronic inflammatory disease involving multiple organ systems and affecting approximately 3.2% of the world’s population.
    [Show full text]
  • 2015 Annual Report
    ANNUAL REPORT 2015 MARCH 2016 TO OUR SHAREHOLDERS ALEX GORSKY Chairman, Board of Directors and Chief Executive Officer This year at Johnson & Johnson, we are proud this aligned with our values. Our Board of WRITTEN OVER to celebrate 130 years of helping people Directors engages in a formal review of 70 YEARS AGO, everywhere live longer, healthier and happier our strategic plans, and provides regular OUR CREDO lives. As I reflect on our heritage and consider guidance to ensure our strategy will continue UNITES & our future, I am optimistic and confident in the creating better outcomes for the patients INSPIRES THE long-term potential for our business. and customers we serve, while also creating EMPLOYEES long-term value for our shareholders. OF JOHNSON We manage our business using a strategic & JOHNSON. framework that begins with Our Credo. Written OUR STRATEGIES ARE BASED ON over 70 years ago, it unites and inspires the OUR BROAD AND DEEP KNOWLEDGE employees of Johnson & Johnson. It reminds OF THE HEALTH CARE LANDSCAPE us that our first responsibility is to the patients, IN WHICH WE OPERATE. customers and health care professionals who For 130 years, our company has been use our products, and it compels us to deliver driving breakthrough innovation in health on our responsibilities to our employees, care – from revolutionizing wound care in communities and shareholders. the 1880s to developing cures, vaccines and treatments for some of today’s most Our strategic framework positions us well pressing diseases in the world. We are acutely to continue our leadership in the markets in aware of the need to evaluate our business which we compete through a set of strategic against the changing health care environment principles: we are broadly based in human and to challenge ourselves based on the health care, our focus is on managing for the results we deliver.
    [Show full text]
  • Johnson & Johnson Has Made a New Breakthrough In
    Investment idea: “Johnson & Johnson has made a new breakthrough in medicine! Shares are growing!” Johnson & Johnson (#JNJ) – is an American holding company that leads more than 250 subsidiaries worldwide, including: DePuy, Neutrogena, Johnson & Johnson Pharmaceutical Research and Development, Janssen Biotech, Alza, Cilag, Tibotec, Johnson & Johnson Consumer Companies and others. Johnson & Johnson is one of the world’s leading manufacturers of medical equipment, medicines and sanitary products. The total revenue of the company for 2018 amounted to $ 81.39 billion. Johnson & Johnson was founded in 1886. Factors indicating the purchase of JNJ shares in December: 1. Breakthrough developments in oncology. Johnson & Johnson is one of the leading companies in the field of oncology. So, the company Johnson & Johnson in November received positive reviews about the trials of a new drug from one of the kinds of cancer. It was immediately called a breakthrough. So far there is little news about this drug, but Johnson & Johnson shares are already strengthening on these information. 2. Seasonality and ascending dynamics of the DOW 30 index. Johnson & Johnson shares are prone to seasonal fluctuations, especially on the eve of the Christmas and New Year holidays. Cosmetology products and hygiene products of Johnson & Johnson are a classic gift in this period. The DOW 30 index, which includes JNJ shares, forms a reversal after a decline, which indicates a fundamental support. It is worth noting that the shares of Johnson & Johnson did not change significantly during the general decline in the stock index DOW 30. Fig. 1. DOW 30 index chart (blue line is JNJ shares) Johnson & Johnson shares are more likely to rise, despite the decline in the DOW30 index.
    [Show full text]
  • [J-52A-2014] in the Supreme Court of Pennsylvania Middle District
    [J-52A-2014] IN THE SUPREME COURT OF PENNSYLVANIA MIDDLE DISTRICT COMMONWEALTH OF PENNSYLVANIA : 84 MAP 2011 : : Appeal from the decision of the : Commonwealth Court (Opinion re Post- v. : Trial Motions of the Commonwealth and : Johnson & Johnson) dated 8/31/11 at No. : 212 MD 2004 TAP PHARMACEUTICAL PRODUCTS, : INC.; ABBOTT LABORATORIES; : ASTRAZENECA PLC; ASTRAZENECA, : HOLDINGS, INC.; ASTRAZENECA : PHARMACEUTICALS LP; : ASTRAZENECA LP; BAYER AG; BAYER : CORPORATION; SMITHKLINE : BEECHAM CORPORATION D/B/A : GLAXOSMITHKLINE; PFIZER, INC.; : PHARMACIA CORPORATION; : JOHNSON & JOHNSON; ALZA : CORPORATION; CENTROCOR, INC.; : ETHICON, INC.; JANSSEN : PHARMACEUTICAL PRODUCTS, L.P.; : MCNEIL-PPC, INC.; ORTHO BIOTECH, : INC.; ORTHO BIOTECH PRODUCTS; : L.P.; ORTHO-MCNEIL : PHARMACEUTICAL, INC.; AMGEN INC.; : IMMUNEX CORPORATION; BRISTOL- : MYERS SQUIBB COMPANY; BAXTER : INTERNATIONAL INC.; BAXTER : HEALTHCARE CORPORATION; : IMMUNO-U.S., INC.; AVENTIS : PHARMACEUTICALS, INC.; AVENTIS : BEHRING, L.L.C.; HOECHST MARION : ROUSSEL, INC., BOEHRINGER : INGELHEIM CORPORATION; : BOEHRINGER INGELHEIM : PHARMACEUTICALS, INC.; BEN VENUE : LABORATORIES; BEDFORD : LABORATORIES; ROXANE : LABORATORIES; SCHERING-PLOUGH : CORPORATION; WARRICK : PHARMACEUTICALS CORPORATION; : SCHERING SALES CORPORATION; : DEY, INC. : : DONNA A. BOSWELL, ESQ., ANN M. : VICKERY, ESQ., AND JOSEPH A. : YOUNG, ESQ., : Intervenors : : APPEAL OF: JOHNSON & JOHNSON, : ALZA CORPORATION, CENTOCOR, : INC., ETHICON, INC., JANSSEN : PHARMACEUTICAL PRODUCTS, L.P., : MCNEIL-PPC, INC., ORTHO BIOTECH, : INC., ORTHO BIOTECH PRODUCTS, : L.P., AND ORTHO-MCNEIL : PHARMACEUTICAL, INC. : (COLLECTIVELY, THE “JOHNSON & : JOHNSON DEFENDANTS”) : ORDER PER CURIAM DECIDED: June 16, 2014 AND NOW, this 16th day of June, 2014, the Order of the Commonwealth Court is VACATED, and the matter is remanded per the terms of Mr. Justice Baer’s responsive opinion in Commonwealth v. TAP Pharm. Prods., Inc., J-52B-2014, ___ A.3d ___ (Pa.
    [Show full text]
  • FDA Listing of Authorized Generics As of July 1, 2021
    FDA Listing of Authorized Generics as of July 1, 2021 Note: This list of authorized generic drugs (AGs) was created from a manual review of FDA’s database of annual reports submitted to the FDA since January 1, 1999 by sponsors of new drug applications (NDAs). Because the annual reports seldom indicate the date an AG initially entered the market, the column headed “Date Authorized Generic Entered Market” reflects the period covered by the annual report in which the AG was first reported. Subsequent marketing dates by the same firm or other firms are not included in this listing. As noted, in many cases FDA does not have information on whether the AG is still marketed and, if not still marketed, the date marketing ceased. Although attempts have been made to ensure that this list is as accurate as possible, given the volume of d ata reviewed and the possibility of database limitations or errors, users of this list are cautioned to independently verify the information on the list. We welcome comments on and suggested changes (e.g., additions and deletions) to the list, but the list may include only information that is included in an annual report. Please send suggested changes to the list, along with any supporting documentation to: [email protected] A B C D E F G H I J K L M N O P Q R S T U V X Y Z NDA Applicant Date Authorized Generic Proprietary Name Dosage Form Strength Name Entered the Market 1 ACANYA Gel 1.2% / 2.5% Bausch Health 07/2018 Americas, Inc.
    [Show full text]
  • ASN Kidney Week 2020 Reimagined: Disclosures Page 1
    10/14/2020 ASN Kidney Week 2020 Reimagined: Disclosures Page 1 Last Name First Name Nothing Employer Consultancy Ownership Interest Research Funding Honoraria Patents or Inventions Scientific Advisor or Membership Speakers Bureau Other Interests or Relationships to Disclose Abdel-Kader Khaled Vanderbilt University Medical Center BMC Nephrology; CJASN NKF Education committee; NIDDK Health IT work group Abudayyeh Ala University of Texas MD Anderson Cancer Center Adler Sharon Retrophin; Bristol Myers Squibb; Bayer; Retrophin; Bayer; ChemoCentryx; Omeros; Zyversa Bayer; Zyversa; Retrophin; AstraZeneca; Morphosys Retrophin; Bayer Pharmaceuticals; Zyversa; KDIGO; KRN; NephCure Kidney International AstraZeneca; ChemoCentryx; Omeros; Zyversa; Therapeutics; Calliditas; Morphosys AstraZeneca; Morphosys Foundation; Karger Publishers Morphosys; Karger Afkarian Maryam University of California, Davis Afrouzian Marjan University of Texas Medical Branch Alexion Pharmaceuticals; Banff Foundation Afshinnia Farsad Agarwal Anupam University of Alabama at Birmingham Dynamed - review content related to AKI for Goldilocks Therapeutics Genzyme/Sanofi Fabry Fellowship Award Univ Southern California, Vanderbilt, Emory, Akebia Editorial Board of AJP Renal, Kidney Int and My wife, Lisa Curtis, will be President-elect Dynamed and review updated materials prepared by Lab Investigation; invited to serve on for Women in Nephrology (2018-2019). Dynamed editorial team for AKI topics. Akebia - Advisory board of Goldilocks Therapeutics, Expert Panel to review new therapeutics
    [Show full text]
  • Lifescan Ethicon
    LouiseLouise MehrotraMehrotra ViceVice PresidentPresident InvestorInvestor RelationsRelations ““SafeSafe HarborHarbor”” StatementStatement This presentation may contain “forward-looking statements” as defined in the Private Securities Litigation Reform Act of 1995. These statements are based on current expectations of future events. If underlying assumptions prove inaccurate or unknown risks or uncertainties materialize, actual results could vary materially from the Company’s expectations and projections. Risks and uncertainties include general industry conditions and competition; economic conditions, such as interest rate and currency exchange rate fluctuations; technological advances and patents attained by competitors; challenges inherent in new product development, including obtaining regulatory approvals; domestic and foreign health care reforms and governmental laws and regulations; and trends toward health care cost containment. A further list and description of these risks, uncertainties and other factors can be found in Exhibit 99 to the Company’s Annual Report on Form 10-K for the fiscal year ended December 31, 2006. Copies of this Form 10-K, as well as subsequent filings, are available online at www.sec.gov, www.jnj.com or on request from the Company. The Company does not undertake to update any forward-looking statements as a result of new information or future events or developments. WilliamWilliam C.C. WeldonWeldon ChairmanChairman ofof thethe BoardBoard && ChiefChief ExecutiveExecutive OfficerOfficer TodayToday’’ss AgendaAgenda
    [Show full text]
  • Annual Report
    ANNUAL REPORT 2019 MARCH 2020 To Our Shareholders Alex Gorsky Chairman and Chief Executive Officer By just about every measure, Johnson & These are some of the many financial and Johnson’s 133rd year was extraordinary. strategic achievements that were made possible by the commitment of our more than • We delivered strong operational revenue and 132,000 Johnson & Johnson colleagues, who adjusted operational earnings growth* that passionately lead the way in improving the health exceeded the financial performance goals we and well-being of people around the world. set for the Company at the start of 2019. • We again made record investments in research and development (R&D)—more than $11 billion across our Pharmaceutical, Medical Devices Propelled by our people, products, and and Consumer businesses—as we maintained a purpose, we look forward to the future relentless pursuit of innovation to develop vital with great confidence and optimism scientific breakthroughs. as we remain committed to leading • We proudly launched new transformational across the spectrum of healthcare. medicines for untreated and treatment-resistant diseases, while gaining approvals for new uses of many of our medicines already in the market. Through proactive leadership across our enterprise, we navigated a constant surge • We deployed approximately $7 billion, of unique and complex challenges, spanning primarily in transactions that fortify our dynamic global issues, shifting political commitment to digital surgery for a more climates, industry and competitive headwinds, personalized and elevated standard of and an ongoing litigious environment. healthcare, and that enhance our position in consumer skin health. As we have experienced for 133 years, we • And our teams around the world continued can be sure that 2020 will present a new set of working to address pressing public health opportunities and challenges.
    [Show full text]
  • Protagonist Therapeutics Names Samuel Saks, M.D., As Chief Development Officer
    Protagonist Therapeutics Names Samuel Saks, M.D., as Chief Development Officer May 24, 2018 NEWARK, Calif., May 24, 2018 /PRNewswire/ -- Protagonist Therapeutics, Inc. (Nasdaq: PTGX) today announced the appointment of Samuel Saks, M.D., as Chief Development Officer. In this newly-created role, Dr. Saks will provide strategic oversight of the Company's research and clinical development programs. "We are very pleased to have Dr. Saks contribute his extensive industry experience to the company," commented Dinesh Patel, Chief Executive Officer of Protagonist Therapeutics. "His involvement will add to the depth of our research organization and assist in more effective clinical development of potentially transformative peptide-based drugs that have been discovered through our proprietary technology platform." Dr. Saks served as Chief Development Officer and board member at Auspex Pharmaceuticals, until the time of its acquisition by Teva Pharmaceuticals. Before his tenure at Auspex Pharmaceuticals, Dr. Saks was a co-founder of Jazz Pharmaceuticals, where he also served as Chief Executive Officer for six years. Earlier in his career, Dr. Saks held positions as company group chairman of ALZA Corporation and member of the Johnson & Johnson Pharmaceutical Operating Committee. Dr. Saks has also held leadership and management positions at Schering-Plough, Xoma and Genentech. Dr. Saks currently serves on the boards of directors of PDL BioPharma, TONIX Pharmaceuticals, Velocity Pharmaceutical Development and NuMedii. Dr. Saks received a B.S. in Biology and his M.D. from the University of Illinois. "Protagonist has a portfolio of well differentiated clinical development stage assets that present multiple choices to address unmet medical needs in diverse disease areas," added Dr.
    [Show full text]
  • [J-52A-2014] in the SUPREME COURT of PENNSYLVANIA MIDDLE DISTRICT COMMONWEALTH of PENNSYLVANIA V. TAP PHARMACEUTICAL PRODUCTS, I
    [J-52A-2014] IN THE SUPREME COURT OF PENNSYLVANIA MIDDLE DISTRICT COMMONWEALTH OF PENNSYLVANIA : 84 MAP 2011 : : Appeal from the decision of the : Commonwealth Court (Opinion re Post- v. : Trial Motions of the Commonwealth and : Johnson & Johnson) dated 8/31/11 at No. : 212 MD 2004 TAP PHARMACEUTICAL PRODUCTS, : INC.; ABBOTT LABORATORIES; : ASTRAZENECA PLC; ASTRAZENECA, : HOLDINGS, INC.; ASTRAZENECA : PHARMACEUTICALS LP; : ASTRAZENECA LP; BAYER AG; BAYER : CORPORATION; SMITHKLINE : BEECHAM CORPORATION D/B/A : GLAXOSMITHKLINE; PFIZER, INC.; : PHARMACIA CORPORATION; : JOHNSON & JOHNSON; ALZA : CORPORATION; CENTROCOR, INC.; : ETHICON, INC.; JANSSEN : PHARMACEUTICAL PRODUCTS, L.P.; : MCNEIL-PPC, INC.; ORTHO BIOTECH, : INC.; ORTHO BIOTECH PRODUCTS; : L.P.; ORTHO-MCNEIL : PHARMACEUTICAL, INC.; AMGEN INC.; : IMMUNEX CORPORATION; BRISTOL- : MYERS SQUIBB COMPANY; BAXTER : INTERNATIONAL INC.; BAXTER : HEALTHCARE CORPORATION; : IMMUNO-U.S., INC.; AVENTIS : PHARMACEUTICALS, INC.; AVENTIS : BEHRING, L.L.C.; HOECHST MARION : ROUSSEL, INC., BOEHRINGER : INGELHEIM CORPORATION; : BOEHRINGER INGELHEIM : PHARMACEUTICALS, INC.; BEN VENUE : LABORATORIES; BEDFORD : LABORATORIES; ROXANE : LABORATORIES; SCHERING-PLOUGH : CORPORATION; WARRICK : PHARMACEUTICALS CORPORATION; : SCHERING SALES CORPORATION; : DEY, INC. : : DONNA A. BOSWELL, ESQ., ANN M. : VICKERY, ESQ., AND JOSEPH A. : YOUNG, ESQ., : Intervenors : : APPEAL OF: JOHNSON & JOHNSON, : ALZA CORPORATION, CENTOCOR, : INC., ETHICON, INC., JANSSEN : PHARMACEUTICAL PRODUCTS, L.P., : MCNEIL-PPC, INC., ORTHO BIOTECH, : INC., ORTHO BIOTECH PRODUCTS, : L.P., AND ORTHO-MCNEIL : PHARMACEUTICAL, INC. : (COLLECTIVELY, THE “JOHNSON & : JOHNSON DEFENDANTS”) : ORDER PER CURIAM DECIDED: June 16, 2014 AND NOW, this 16th day of June, 2014, the Order of the Commonwealth Court is VACATED, and the matter is remanded per the terms of Mr. Justice Baer’s responsive opinion in Commonwealth v. TAP Pharm. Prods., Inc., J-20B-2013, ___ A.3d ___ (Pa.
    [Show full text]
  • James Burke: a Career in American Business (A)
    9-389-177 REV: OCTOBER 20, 2005 RICHARD S. TEDLOW WENDY K. SMITH James Burke: A Career in American Business (A) James Burke’s tenure as chief executive officer of Johnson & Johnson was drawing to a close in 1989. His career at the company began when he became brand manager for Band-Aids in 1953. At first he doubted whether Johnson & Johnson was the place for him. Soon, however, he committed himself wholeheartedly to the company and was quickly promoted to important positions within it. In 1976, he became chairman and chief executive officer. With Burke at the helm, the company grew smartly in terms of both sales and earnings. (See Exhibit 2.) One reason for this growth was an increase both in the number and the variety of products the company marketed, as well as in the vigor with which they were managed. Tylenol, for example, was still a specialty product in 1976—little known outside the hospital setting. By 1981, it had become the leading analgesic in the country by a wide margin. (See Exhibit 8.) Not all the company’s products fared so well, however. Some, such as CAT scanners, met with failure. James Burke’s Early Life James Edward Burke was born on February 28, 1925, in Rutland, Vermont. He spent his formative years in Slingerlands, New York, a small town near Albany. His father had served as an army officer before becoming an insurance and bond salesman. “My father had a wonderful view of the world,” Burke said. He was an optimist from the word go.
    [Show full text]