Be excellent to one another. Best sign: "If I form a corporation for my uterus, Mr. Trump -- will you please STOP regulating it?"
. . . .Merck & Co. Inc. will pay $625 million and royalties to Bristol-Myers Squibb Co. and Ono Pharmaceutical Co. Ltd. to settle patent litigation over Merck's cancer drug Keytruda, the companies said Friday afternoon. As part of the settlement all patent litigation will be dismissed, and the companies have granted certain patent rights to each other.
Merck will pay royalties on global Keytruda sales of 6.5% between 2017 and the end of 2023 and 2.5% between 2024 and 2026, with the royalties being split 75/25 between Bristol-Myers and Ono. Merck said the $625 million payment would be recorded in its fourth-quarter and full-year 2016 results, but excluded from its non-GAAP results. In their lawsuit against Merck, Bristol-Myers and Ono, which made cancer drug Opdivo, said its Keytruda sales infringed on various of its global patents. . . .
From 11:35 AM CST, to a little after the noon hour, on Wednesday, there was an all hands status conference in the Eastern District of Missouri federal district courthouse, related to these Merck (legacy Schering-Plough) NuvaRing® putative federal products liability proceedings.
Now you know, and the next one will be in three months' time:
. . . .IT IS HEREBY ORDERED that a status conference set in this matter on April 18, 2017 at 10:30 a.m. in Courtroom 16 South. . . .
The parties shall file a proposed agenda no later than April 14, 2017. . . .
regular readers, at least. This afternoon, by agreed order, the SEC has imposed a $15 million civil penalty/fine on the company then run by this former Fast Fred Hassan protégé. The charge (and agreed infraction)? Failure to timely and adequately disclose the status of ongoing M&A negotiations.
. . . .On June 27, 2014, after receiving the Tender Offer on June 18, Respondent’s chief executive officer sent an email to Company A’s chief executive officer, setting up a call to speak. They spoke on July 1, 2014 about a potential acquisition of Company A by Respondent and agreed to meet in person. On July 29, 2014, Respondent proposed to acquire Company A for $180 per share, subject to the satisfactory completion of due diligence. This was the first time that Respondent had made a proposal to purchase Company A for a specific price. . . .
Respondent never disclosed or otherwise amended its June 23, 2014 Schedule 14D-9 to provide shareholders with information about its negotiations with Company A. . . .
. . . .In an interview over the weekend, Trump appeared to promise something similar to Obamacare, or even more expansive, regarding how many people will be fully covered. . . .
"We're going to have insurance for everybody," Trump told the Post in a telephone interview late Saturday. "There was a philosophy in some circles that if you can't pay for it, you don't get it. That's not going to happen with us." People covered under the law "can expect to have great health care. It will be in a much simplified form. Much less expensive and much better.". . .
a May 10 expected action date) -- in lung cancers, in combination with chemotherapy. And that is good news; however, 45-Elect just said that drug companies are "getting away with murder" -- on drug pricing (in a live press conference in front of the world; not by late night tweet) -- and that is the pharma related bad news, of the morning. Expect more of that sort of mercurial (unthinking) volatility in remarks -- from the incoming Administration. [He may very well be a bigger threat to Kenilworth's revenues and business model -- than HRC ever was.]
. . . .The teleconference with Judge Thynge set for 1/17/17 at 10:00 AM Eastern Time has been rescheduled to 2/23/17 at 11:00 AM Eastern Time. Plaintiffs' counsel to initiate the teleconference call. Ordered by Judge Mary Pat Thynge on 1/11/17. . . .
. . . .Streep accepted the Cecil B. DeMille Award — basically a lifetime achievement award — but didn’t say much about her career. Instead, she spent the minutes allotted to her to speak critically of the current political climate and Trump, although she did not mention the president-elect by name.
“There was one performance this year that stunned me,” she said. “It sank its hooks in my heart. Not because it was good. There was nothing good about it. But it was effective, and it did its job. It made its intended audience laugh and show their teeth.
“It was that moment when the person asking to sit in the most respected seat in our country imitated a disabled reporter. Someone he outranked in privilege, power and the capacity to fight back. It kind of broke my heart when I saw it. I still can’t get it out of my head because it wasn’t in a movie. It was real life. . . .”
. . . .A healthcare worker recovering from Ebola virus in Italy showed evidence of persistent viral infection in his lungs days after the virus was no longer detectable in his blood, researchers reported.
The case study, appearing in the journal PLOS One, represents the first direct evidence of potential replication of the virus in the lungs, suggesting that the respiratory system may play a more significant role in the pathogenesis of Ebola than previously recognized.
It also suggests the possibility of respiratory transmission of the virus, wrote Mirella Biava, of the National Institute for Infectious Diseases in Rome, and colleagues.
"The presence of viral replication markers here reported adds some support to this possibility, although the evidence is far from being conclusive, due to the absence of recovery of infectious virus in respiratory secretion," the researchers wrote. . . .
Hidden Figures" -- it opened nationwide, today.
R. James Woolsey Jr. said he did not want to "fly under false colors. . . ." Expect to see more of this, as true patriots stand to be counted. [End, updated portion.]
we reset the table on this series of patent disputes, related to the basic methods, and composition, of the immuno-oncology treatments now revolutionizing solid organ tumor therapies.
. . . .Although Petitioner may have sound reasons for raising art or arguments similar to those previously considered by the Office, the Board weighs petitioners’ desires to be heard against the interests of patent owners, who seek to avoid harassment. See H.R. Rep. No. 112-98, pt.1, at 48 (2011) (AIA proceedings “are not to be used as tools for harassment or a means to prevent market entry through repeated litigation and administrative attacks on the validity of a patent. Doing so would frustrate the purpose of the section as providing quick and cost effective alternatives to litigation.”). All of the challenged claims require an immunoglobulin molecule. As Patent Owner notes (Prelim. Resp. 20), Axel is the only asserted reference that discloses an immunoglobulin molecule, i.e., an antibody. Axel was explicitly considered by the Office during reexamination of the ’415 patent. . . .
We determine, therefore, that Axel, the only reference that Petitioner relies upon to disclose an immunoglobulin molecule, was previously presented to, and considered by, the Office in the same substantive manner as Petitioner now advocates.
Moreover, as noted by Patent Owner, Petitioner in the instant proceeding filed a second Petition (IPR2017-00047) seeking joinder with IPR 2016-00710, which was instituted on September 8, 2016. Prelim. Resp. 28. We have instituted trial in IPR2017-00047, and joined it with IPR 2016-00710, concurrently with the instant decision. As Petitioner has agreed to abide by the Scheduling Order in IPR 2016-00710, a final written decision will be entered in that case well before a final written decision would be entered in the instant proceeding. . . .
. . . .The parties will make their designated experts for all four cases available for deposition between July 20, 2017, and October 1, 2017.
Motions. All motions to exclude or limit expert testimony pursuant to Federal Rule of Evidence 702 and all dispositive motions shall be filed as follows:
Opening Briefs: October 20, 2017;
Opposition Briefs: December 1, 2017; and
Reply Briefs: December 22, 2017.
The Court will hold a hearing to consider these motions on a date to be determined later. Total briefing for each parties’ Daubert briefs shall be limited to 50 collective pages per side for opening briefs, 50 collective pages per side for opposition briefs, and 25 pages per side for reply briefs.
Other Dispositive Motions. Each party shall be entitled to request motion practice, including dispositive motion practice, pursuant to the Local Rules and consistent with this Court’s Individual Practices. Nothing in this Order shall prohibit the opposition party from arguing that the motion is premature and/or untimely.
Final Discovery. The parties shall complete any remaining discovery within 60 days of the start of trial.
listen in today at 4 PM EST (3 PM local) -- and let you know what we learn.
. . . .NASA will discuss the results of its latest Discovery mission selection during a media teleconference at 4 p.m. EST on Wednesday, Jan. 4.
The briefing participants are:
Thomas Zurbuchen, associate administrator of NASA’s Science Mission Directorate in Washington
Jim Green, director of NASA’s Planetary Science Division in Washington
Principal investigator(s) of the selected mission(s)
To participate in the telecon, media should email their name and affiliation to Dwayne Brown at email@example.com or call 202-358-1726 by 3 p.m. (EST) Jan. 4.
Members of the public also may submit questions to be answered during and immediately following the briefing using #AskNASA.
The Discovery Program was founded in 1992 as an innovative way for NASA to explore space, calling on scientists and engineers to design missions that unlock the mysteries of the solar system. These cost-capped missions are led by a principal investigator and managed for NASA’s Planetary Science Division by the Planetary Missions Program Office at Marshall Space Flight Center in Huntsville, Alabama. . . .
analyzed here. The plaintiffs' executive committee lawyers are asking the court to at least consider starting with two of the original three bellwethers by September of 2017, but allowing the later added one (Finn) to slide to a "trial ready" date of January 2018. [Latest prior update, here.]
. . . .Additionally, the PEC notes that the Parties are also engaged in case-specific and expert discovery in the New Jersey consolidated proceedings. The PEC makes this observation because Lead Counsel in that case are members of the PEC and PSC in this Multi-District Litigation.
In other words, although not set forth in detail here, the Parties are collectively engaged in the same case-specific and expert discovery work in the New Jersey litigation which trails this case by approximately ninety (90) days. The fact the Parties are simultaneously engaged in these two cases explains, in part, the allocation of work in this MDL (i.e., certain firms were primarily tasked with MDL work, while others were primarily tasked with overseeing the New Jersey consolidated proceedings). . . .
Hidden Figures" tonight (do go see it when it opens nationwide later this week -- it will win Oscars!) -- it strikes me that this quiet departure is due in no small part to the arrival of a President who denies climate change, and ignores basic security briefings. In short, an "evidence light" President. I might not decide to just stick around blindly -- to see what he does to the space science budget, either.
. . . .It appears [NASA's chief scientist, Ellen] Stofan officially left her role on or around December 20th, with NASA quietly confirming that in an interview it posted on Tumblr. The space agency has merely said that Stofan is “departing for new adventures,” which doesn’t tell us much. She has a long history with the space agency, and was appointed NASA’s chief scientist in August 2013.
The big question now is what NASA has in store for the coming months, namely what it will do in Stofan’s absence and whether it already has a successor planned. The departure happened just before the new presidential administration comes into power, and the many questions surrounding that — about NASA’s future and the budgets it will get, that is — leaves a big question mark to conclude the year. . . .
we have followed the would-be (and actual) HQ moves made by the legacy Schering-Plough executives, and subsequently, for at least five, the correlative moves -- by Merck executives.
. . . .The Oldwick Road property has a three-story, hexagonal building with 1,747,632 square feet of office space, to underground parking garages, a 25,200-square-foot childcare center, a separate three-story 220,000-square-foot office building, two other parking garages and a 67,035-square-foot central utility building.
Merck offered the property for sale in October 2013. Merck then moved its headquarters to Summit, then, a year later, relocated to Kenilworth. Prior to moving to Readington, Merck's headquarters was in Rahway. . . . Readington was seeking the terms of the sales agreement so it could defend the $124 million assessment because, in New Jersey, assessments are based on purchase amounts. . . .
But Merck objected to turning over the sales agreement to the township because of its confidential provision. . . .
Hidden Figures" in a few hours, with all the college kids here.
New Year’s Day
The rain this morning falls
on the last of the snow
and will wash it away. I can smell
the grass again, and the torn leaves
being eased down into the mud.
The few loves I’ve been allowed
to keep are still sleeping
[to teh south of me]. Here in [Chicago]
I walk across the fields with only
a few young cows for company.
Big-boned and shy,
they are like girls I remember
from junior high, who never
spoke, who kept their heads
glowered and their arms crossed against
their new breasts. Those girls
are nearly forty now. Like me,
they must sometimes stand
at a window late at night, looking out
on a silent backyard, at one
rusting lawn chair and the sheer walls
of other people’s houses.
They must lie down some afternoons
and cry hard for whoever used
and wonder how their lives
have carried them
this far without ever once
explaining anything. I don’t know
why I’m walking out here
with my coat darkening
and my boots sinking in, coming up
with a mild sucking sound
I like to hear. I don’t care
where those girls are now.
Whatever they’ve made of it
they can have. Today I want
to resolve nothing.
I only want to walk
a little longer in the cold
blessing of the rain,
and lift my face to it.
. . . .Dr. Goldwasser, who was long associated with the University of Illinois, helped pioneer the use of powerful particle accelerators in American physics. By smashing subatomic particles together at high energies, the machines deepen scientists’ understanding of the most fundamental aspects of nature.
He was named deputy director of what was then the National Accelerator Laboratory in 1967 and given the task of constructing the most powerful accelerator in the world on farmland outside Chicago. The lab, which would later be known as Fermilab after the physicist Enrico Fermi, began operations in 1972.
"His biggest impact was Fermilab — creating the most forward-looking laboratory of its day in the United States," said Barry Barish, a physicist who performed experiments in the early days of Fermilab before becoming the director of the Laser Interferometer Gravitational-Wave Observatory at the California Institute of Technology in Pasadena. . . .
. . . .Part D expanded coverage to millions of Americans who previously didn’t have access to comprehensive prescription drug coverage. Prior to implementation of Part D, fewer than 6 in 10 Medicare beneficiaries had comprehensive prescription drug coverage. Thanks to Part D, that number has increased to 9 in 10 Medicare beneficiaries. And in 2016, there was an average of 26 Part D plan choices available to beneficiaries in every region. Learn more here.
Part D continues to offer affordable prescription drug coverage with monthly premiums remaining relatively stable and substantially less than original projections for 2017. And the generic utilization rate for Part D beneficiaries has steadily increased each year, from 84 percent in 2013 to 86 percent in 2015. The program also keeps costs low for taxpayers, with total Part D costs coming in $349 billion less than the initial 10-year projections. Learn more here.
Part D helps beneficiaries live longer, healthier lives with nearly 200,000 Medicare beneficiaries having lived at least one year longer since Part D was implemented in 2006. And the average increase in longevity for beneficiaries is 3.3 years. This improved health also helps reduce other health care spending through fewer hospitalizations and a reduction in nondrug medical spending for Medicare beneficiaries. Learn more here. . . .