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Kavanaugh To Play Role In Drug Patent, Pharmaceutical Company Liability Cases

October 11, 2018
Newly minted Supreme Court Justice Brett Kavanaugh could play a pivotal role in deciding two key cases related to the pharmaceutical industry in the upcoming term. Kavanaugh’s vote, which has likely tipped the court in a more conservative direction, could shape the interpretation of a 2011 law that protects patent owners and could determine how much liability pharmaceutical companies carry when FDA rulings conflict with state tort laws. Kavanaugh’s prior rulings on several FDA-related cases indicate he would defer to...