Civil Law

Legislators want the FDA to be able to test samples from feed lots during outbreaks

Two U.S. legislators have introduced a bill that would give the FDA the ability to collect microbial samples at feed lots during foodborne illness outbreaks.

Representative Rosa DeLauro, D-CT, and Sen. Cory Booker, D-NJ, want the Food and Drug Administration to be able to investigate foodborne illness outbreaks, or when there is a public need, involving crops that are close to concentrated animal feeding operations (CFAOs). They say the investigative tool is also needed because of the spread of bird … Read the rest

Civil Law

Federal Court denies samples for testing infringement of biologic process patent

The Federal Court recently refused to order a defendant to produce samples of cell culture because there was no “reasonable possibility” that testing the samples would yield evidence of patent infringement.  In pharmaceutical patent cases, testing samples of a defendant’s product – or samples from a defendant’s process – can lead to crucial evidence of infringement for trial. However, as seen in the Court’s recent decision, a defendant can resist producing samples where the plaintiff only proposes “speculative undefined tests”.   … Read the rest