A lot of us attended the annual ACI Drug & Medical Device
Litigation Conference in New York City last week. One of the
messages sent loud and clear from the initial client round table
panel is that our clients don't like surprises, and it is
helpful to them to know information about potential litigation
possibilities (read: threats), even if they are not current
targets.
So that's what we're doing here today – about a
topic that wasn't even the topic of a separate presentation at
this year's ACI Conference. That threat is innovator liability.
For those of you not familiar with litigation jargon, this is the
term that litigators, particularly those on our side of the
"v.," use for plaintiff-side litigation theories seeking
to hold manufacturers of branded drug products liable for injuries
caused by competing generic products that our clients didn't
make.
