Federal Propecia® MDL Status Update: While I Was Off-Grid Last Week, More Individual Cases Dismissed…

February 12, 2018 - Leave a Response

As was true last month around this time, once again this month (as of the 9th, actually) — another bolus of cases has been dismissed by the able Judge Brian Cogan in Brooklyn, for failure to comply with expert opinion/discovery orders, among other things.

And by way of additional background, her’s a link to the end of December’s installment, on this topic. If any or all of this interests you, you may review the entire eight page PDF of the latest filing here, to see if your name is included, there. Here’s a bit of the lead in:

. . . .On May 9, 2017, the Court issued PPO 16. That Order directed the Plaintiffs’ Executive Committee in this consolidated litigation to review the plaintiffs’ experts’ opinions on general causation for the claims, and to review what evidence the experts deemed necessary to establish facts consistent with their proffered opinions (that is to say, what facts a hypothetical plaintiff would have to prove to prevail against defendants). The Order then directed counsel for each plaintiff to review the experts’ opinions and to inform their clients whether their factual claims fit within the experts’ stated theory – i.e., whether those clients were likely to have a viable claim in this litigation. . . .

Some have apparently failed to clear that hurdle, according to their own lawyers. Though some have been given additional time, since the problem was procedural, not substantive — if you are curious — do take a look.

Now you know. Onward, into the bright but cold afternoon sunshine we go — replacing the masthead momentarily. Smiling, all the while. . . with a big sweet golden dog, this week, as my house guest. . . grin. . . .



Ahem. Time To Shovel Out — About Fourteen Inches…

February 11, 2018 - Leave a Response

Let’s caption this one “the lying (by way of material omissions) continues“. . .

I’ll be back after I’m settled in, and shoveled out — but do go read this latest Denver Post exposé (linked in that post, on one of my other properties), all on Riot Blockchain.

Be excellent to one another.


On Vacation; Just Quoting The Opinion — Analysis Next Week: Nasonex® Wasn’t Infringed Via Amneal’s Mometasone Furoate Monohydrate…

February 9, 2018 - Leave a Response

I am out to a Friday evening dinner, but here it is — the appellate level Federal Circuit panel has ruled against Merck’s patent defense — to Amneal’s pending introduction of a generic mometasone furoate monohydrate, the active ingredient in a nasal product (which Merck sells as Nasonex®).

Here is the full 18 page PDF of the opinion — but this likely means Kenilworth won’t seek the Supremes’ review, as Nasonex is already being sold as a generic, by others — if my unaided memory serves.

. . . .Following a bench trial, the district court found that Merck failed to prove by preponderant evidence that Amneal’s ANDA product will infringe the ’353 patent. On appeal, Merck argues that the district court abused its discretion by not compelling Amneal to produce additional samples of its ANDA product for testing before trial.

Merck also argues that the district court’s noninfringement finding must be reversed because it was not based on Amneal’s final commercial product. Merck also challenges the district court’s fact-finding that a Raman spectroscopy three-peak analysis was required to confirm the infringing form of mometasone furoate in Amneal’s product.

For the reasons explained below, we conclude that the district court did not abuse its discretion in denying Merck’s request for additional samples and a new trial. Further, we hold that the district court did not err in finding that Merck failed to demonstrate that Amneal’s ANDA product, which formed the basis for the district court’s noninfringement finding, was not representative of Amneal’s final commercial product. Finally, we conclude that the district court did not clearly err in finding that three Raman peaks were required to prove infringement. Accordingly, we affirm. . . .

Now you know — stay warm and stay snuggly, as we all watch the opening ceremonies, on demand (and on a slight delay, tomorrow night). Smiling here — as ever, as I enjoy a 75 degree evening outdoors. . . .


Friday Fare: Of “Gifted Pioneers” — Satchel Paige — The Best Pitcher In The History Of ALL Baseball…

February 9, 2018 - Leave a Response

Forty-seven years ago this day, Leroy “Satchel” Paige was inducted to (white) MLB’s Hall of Fame. He was the first Negro Leagues player to have been so honored.

But that is really only the smallest of footnotes, to his literally jaw-slacking career — both in terms of his brilliance, across decades, and the notion that he was still a dominating pitcher in the majors, in his late 40s. We salute you, Mr. Paige:

. . . .In 2010, sportswriter Joe Posnanski, writing for Sports Illustrated, named Paige as the hardest thrower in the history of baseball. He based this, in part, on the fact that “Joe DiMaggio would say that Paige was the best he ever faced. Bob Feller would say that Paige was the best he ever saw. . . . Hack Wilson would say that the ball looked like a marble when it crossed the plate. Dizzy Dean would say that Paige’s fastball made his own look like a changeup. . . .

Paige was a right-handed pitcher, and at age 42 in 1948, he was the oldest major league rookie while playing for the Cleveland Indians. He played with the St. Louis Browns until age 47, and represented them in the All-Star Game in 1952 and 1953. He was the first player who had played in the Negro leagues to pitch in the World Series, in 1948, and was the first electee of the Committee on Negro Baseball Leagues to be inducted in the National Baseball Hall of Fame, on February 9, 1971. . . .

And this morning, I am feeling very fortunate to be about 1,100 miles away from the foot of snow now falling in the former home of the Chicago American Giants — for a time, Mr. Paige’s Negro League club. . . smile.


More Agreed Delay — Re Federal Discovery Deadlines — In The Merck v. Merck Name Spat…

February 7, 2018 - Leave a Response

I am away vacating, so this will be brief — in addition to reading about Juno’s latest science pass, here. . .

The generally prosaic development of the week seems to be more delay (an additional eight weeks’ worth, for negotiations) — on discovery requests and deadlines — in the US vs. German Merck Lanham Act/naming spat — in New Jersey’s federal district courthouse.

Now you know — be excellent to one another. . . off to Sedona, and then to the White Tank Mountains, in the morning. . . smile.


Just Quickly — Of The “AgitProp” Memo From Nunes: Wa Po Opinion Is Spot On. Yawn.

February 2, 2018 - Leave a Response

I do hope Rep. Schiff (D., CA) releases the full content of his rebuttal — but in truth, it really isn’t even needed, given the thin gruel — in this long hyped, largely vacant. . . memo of memos.

So it is (I guess) that we get a laugh, at 45’s considerable expense — all while Bobby Three Sticks closes in on him, in earnest:

. . . .When you step back from the [Nunes] memo’s details, the whole affair looks. . . ridiculous. That’s because this entire “scandal” centers only on the surveillance of [Carter] Page.

But what does Page have to do with the rest of the Trump/Russia story and the investigation into it? Does Page have anything to do with Paul Manafort’s alleged money laundering? Does he have anything to do with Russia reaching out to Papadopoulos? Does he have anything to do with Russia hacking into Democratic email systems to aid the Trump campaign? Does he have anything to do with Michael Flynn’s contacts with the Russian ambassador, about which he lied to the FBI? Does he have anything to do with Donald Trump Jr., Jared Kushner, and Manafort meeting with a group of Kremlin-connected Russians to obtain dirt on Hillary Clinton? Does he have anything to do with President Trump firing James Comey, which Trump himself admitted was done for the purpose of hindering the Russia investigation? Does he have anything to do with all the other ways Trump may have obstructed justice?

The answer to all those questions is no. Page is a peripheral figure at best. Even if the memo did depict what it sets out to depict about the surveillance of Page, it wouldn’t change a thing about the overall Russia scandal. But the memo doesn’t even do that. . . .

You may — once again — accept that Trump and his handlers are full of entirely false sound and fury. Have a great weekend, and a great next week. Me? I’ll be pleasurably baking in the southwest, while serious negative wind chills, and deep snows blanket the upper plains. . . smile. Let ‘er rip, Mr. Mueller! That’s all, folks. . . .


Merck Posts Quarter Four, And Full Year Results… No Real Surprises. Pretty Solid.

February 2, 2018 - Leave a Response

I’m off-grid — in federal court most of day today — so I’ll just post the MarketWatch item, and smile.

I smile mostly because those miners didn’t have to walk four hours, in the heat, humidity and sharp edged darkness (without benefit of cap-lamps — as the batteries were certainly dead) — to reach a third shaft, to be extracted. The power is back on at Beatrix, and they are all safely topside — reunited with their families. And Merck did well — so it is a bonnie Friday morning, indeed here.

. . . .Merck shares rose 0.7% in premarket trade Friday after the company reported a fourth-quarter profit beat and revenue miss. The company reported a loss of $872 million, or a loss of 32 cents per share, after a loss of $594 million, or a loss of 22 cents per share in the year-earlier period. Adjusted earnings-per-share were 98 cents, compared with the FactSet consensus of 94 cents. Revenue rose to $10.43 billion from $10.12 billion, compared with the FactSet consensus of $10.49 billion. The latest results include about $125 million in lost sales relates to the company’s June cyber-attack. The company also noted that it took a $2.6 billion charge related to the U.S. corporate tax overhaul. Sales of the company’s Januvia, Keytruda and Gardasil beat FactSet expectations. Merck expects 2018 revenue of $41.2 billion to $42.7 billion, compared with the FactSet consensus of $41 billion, and 2018 adjusted EPS of $4.08 to $4.23, compared with the FactSet consensus of $4.10.

Merck also touted its plans to invest $8 billion in U.S. capital projects over the next five years, of a planned $12 billion total, and an intended “one-time, long-term incentive award” for employees in the second quarter. . . .

Onward, with pro bono federal immigration law (DACA Dreamer matters) swirling in my coffee, now. But a great day ahead, and a warm week-long stint in the desert southwest arriving — in two days’ time. Yes.


[U X3] O/T: Do Keep These 900+ Beatrix Hard Rock Miners — In South Africa — In Your Thoughts Today…

February 1, 2018 - Leave a Response

I cannot explain what this feels like. More precisely, I’ll. . . choose not to.

I can only say. . . I know the feeling. And it is. . . terrifying. Trapped under nearly a mile of rock, in the heat — and dark. Nearly one thousand miners, awaiting word — and rescue:

. . . .South African media say about 900 miners are trapped underground at a gold mine after a shaft elevator stopped working because of a power outage.

The African News Agency reports Thursday that the miners are believed to be safe while they await evacuation from the Beatrix mine in Free State province. . . .

With all the trivial political nonsense that goes on between the mayors of some of our cities, and their security details — we should be mindful that so many endure so much, so terribly. . . worse.

UPDATED: 02.02.2018 @ 6 AM CST — All the previously trapped miners are safely topside.

UPDATED @ 1:20 PM CST: With conflicting reports of the total number of miners trapped emerging, the mining company says over 330 have been brought to the surface safely, while the union says over 1,100 remain underground. They are being hoisted out, manually, one at a time, through the vertical main-shaft, apparently. Earlier, 64 were reported safely back at the surface. End, update.

I will be hanging on every word out of Jo’burg, this afternoon. . . . Now, let the better angels on this planet (and of our natures) lift these men and women from deep within the bowels of the earth, unharmed. . . .

It certainly makes the $12.19 handle on Riot. . . while grin inducing. . . look trivial, as well. In silence, then, for the rest of the day. [In the summer of 1976, I cut and built the vertical railroad ties that make up the sign for the mine. . . Seen in the masthead, lower right. . . but by the next summer, I was underground full time — and, the sign held up well. . . .]


Less Than A Month Ago, Riot Blockchain Was Over $26.50 — It Sits At $13.50, On The NASDAQ — As I Type This…

January 31, 2018 - Leave a Response

Hey all — I’m lustily laughing
today, at this company being worth
HALF of what it was, just a month ago. . .

And I’ve seen more head scratching
on the Riot
Blockchain story, this week.

So I’ll soon post, anew.

Do keep it spinning
in good karma, here. . .

Smile. . . .


I Cannot Believe This… It Seems Like A Bad “Reality TV” Plot…

January 31, 2018 - 2 Responses

A medical doctor has resigned as the head of the US CDC today. . .

She chose to BUY a significant number of shares of Japan Tobacco for her portfolio, after she was named head of the CDC. WTH?

As I said in comments earlier today: Who are these people? [Some inside the beltway are saying 45’s people (Baby Girl / Jared — cough!) have intimated that 45 may appoint Dr. Oz — in her place. Ugh. It just gets. . . cray- cray- crazier. . . .]

I can’t begin to wrap my head around any of that. She also dragged her feet — on divesting Merck, Humana and Bayer shares she held (in a more complete disclosure). Please do see 5 CFR 2640.202(c), as just one example. Where is he finding such singularly non-suitable people? Under which rocks?

And these are no timeless water words. I’m out.