Whole Foods Market (WFM) Sued Over Sugar Content in House-Brand Yogurt Aug 29, 2014 04:01PM

Whole Foods Market (NASDAQ: WFM) is facing a lawsuit over how much sugar it said was in its yogurt.

The NYPost reported Friday that a suit was filed against Whole Foods, saying the company drastically understated the sugar content in its store brand yogurt.

The class action lawsuit was filed Friday in Manhattan Federal Court.

The suit contends that Whole Foods 365 Everyday Value Plain Greek Yogurt lists its sugar content at 2 grams per 170-gram serving, while the product actually has 11.4 grams per serving.

Defendant’s act in vastly understating the sugar content…is not harmless trivia ... For many members of the class, sugar content is an important component of their diet, the suit stated.

There are 100 customers on the suit. Plaintiffs are seeking $5 million in damages.


European Commission Approves Oracle's (ORCL) Acquisition of MICROS (MCRS) Aug 29, 2014 02:19PM

Oracle Corporation (NYSE: ORCL) today announced that it has received approval from the European Commission for its pending acquisition of MICROS Systems, Inc (Nasdaq: MCRS) The tender offer for the outstanding shares of MICROS Systems is scheduled to expire at 12:00 midnight, New York City time, at the end of September 2, 2014. Consummation of the tender offer remains subject to MICROS Systems' shareholders tendering a majority of the outstanding shares of MICROS Systems common stock on a fully diluted basis.


United Therapeutics (UTHR) Price Target Raised to $141 at Wedbush Aug 29, 2014 01:26PM

Wedbush maintained an Outperform rating on United Therapeutics Corp. (NASDAQ: UTHR) and raised its price target to $141.00 (from $133.00). Earlier a judge upheld a patent related to Remudulin (more here).

"A headline on a news service announced that the US District Court ruled that Remodulin patents ‘007 and ‘117 are not invalid. Although it was also ruled that Sandoz ANDA does not infringe the ‘007 patent, it does infringe the ‘117 patent and the FDA will not approve Sandoz’ generic Remodulin until after expiration on 10/24/2017. The ‘007 patent refers to US 7,999,007 which has a drug product claim in the FDA Orange Book and expires 3/29/2029. The ‘117 patent refers to US 6,765,117 expiring 10/24/2017 and has a drug substance claim. The other Orange Book listed patent with a drug substance claim is US 8,497,393 expiring 12/15/2028. Other Orange Book listed Remodulin patents include US 5,153,222 expiring 10/6/2014, US 8,653,137 and US 8,658,694 both expiring 9/5/2028," said analyst Liana Moussatos.

"We have increased our Remodulin projections from Q4 2014 to Q4 2017 by eliminating our estimated generic erosion impact. This increased our 2014 Remodulin and product sales projections," added the analyst.

For an analyst ratings summary and ratings history on United Therapeutics Corp. click here. For more ratings news on United Therapeutics Corp. click here.

Shares of United Therapeutics Corp. closed at $91.69 yesterday.


United Therapeutics (UTHR) Confirms Favorable Ruling in Remodulin Patent Case Aug 29, 2014 12:53PM

United Therapeutics Corporation (NASDAQ: UTHR) announced today that the U.S. District Court for the District of New Jersey has ruled in its favor in the company's case against Sandoz, Inc. regarding United Therapeutics' Remodulin® product. In his opinion, Judge Peter Sheridan ruled that U.S. Patent No. 6,765,117 is both valid and enforceable against Sandoz, Inc., and enjoined Sandoz from marketing its generic product until the expiration of that patent in October 2017. Judge Sheridan also ruled that U.S. Patent No. 7,999,007 expiring in 2029 is valid, but would not be infringed by Sandoz' generic product. Sandoz filed an Abbreviated New Drug Application in December 2011 seeking to market a generic version of Remodulin, and challenged patents covering Remodulin as part of that application. United Therapeutics filed the lawsuit that is the subject of this ruling shortly thereafter.

"We are pleased with the Court's ruling today confirming the validity and enforceability of the '117 patent," said United Therapeutics' CEO, Martine Rothblatt. "We have always emphasized our investment in scientific advances and the resulting intellectual property that allows us to bring our products to patients, and this decision is a validation of that emphasis."

United Therapeutics is analyzing the Court's opinion and assessing its next steps with respect to the '007 patent, which may include an appeal of the ruling to the U.S. Court of Appeals for the Federal Circuit.


United Therapeutics (UTHR) Gains After Judge Rules Remodulin Patents are Not Invalid Aug 29, 2014 10:56AM

(Updated - August 29, 2014 10:56 AM EDT)

(Updated - August 29, 2014 10:45 AM EDT)

United Therapeutics (NASDAQ: UTHR) gained Friday after a judge ruled that Remodulin patents are not invalid in a case against SANDOZ.

The court filing said:

"IT IS this 29'h day of August, 2014 hereby ORDERED that:

I. The asserted claims of the patents-in-suit are not invalid due to anticipation.

2. The asserted claims of the patents-in-suit are not invalid due to obviousness 3. The asserted claims of the '007 patent are not indefinite.

4. The defendant's proposed ANDA product will not induce infringement of the claims of the · 007 patent.

5. Sandoz's proposed ANDA product will infringe the claims of the '117 patent.

6. Sandoz's proposed ANDA product will induce infringement of the claims of the '117 patent.

7. The effective date of any FDA approval for Sandoz to commercially manufacture, market, · and sell its ANDA product shall be no earlier than the date of expiration of the' 117 patent.

Sandoz is enjoined from commercially manufacturing, using, offering for sale, or selling their proposed ANDA product until that date.

8. Judgment is entered in favor of Sandoz on UTC's claim of induced infringement of the asserted claims of the '007 patent.

9. Judgment is entered in favor of UTC on Sandoz's counterclaims seeking declarations of noninfringement and invalidity of the ·oo7 patent.

I 0. Judgment is entered in favor ofUTC on UTC's claim of infringement of the asserted claims of the • I I 7 patent.

II. Judgment is entered in favor of UTC on Sandoz's counterclaims seeking declarations of noninfringement and invalidity of the '117 patent."


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