Editorial on Michigan’s Pharma Shield Law

The New Jersey Vioxx verdict triggered this piece, criticizing Michigan’s broad law protecting pharmaceutical companies from warnings claims when the drug carried FDA-approved labeling.

I published a piece in the Minnesota Intellectual Property Review (now the Minnesota Journal of Law, Science & Technology) a couple of years ago suggesting a middle ground based on the presumption of validity in patent litigation.  There are probably a few things in there I’d write differently now, but what else is new?

(As usual, a disclosure: in practice I did pharmaceutical tort defense litigation and continue in a small consulting role today.)