John Sullivan, a member of Cozen O'Connor's Commercial Litigation department, discusses this case in Law360. John said that although the Fifth Circuit is so far staying out of the fray, the mandamus filings Johnson & Johnson has made are surely getting the appellate court's attention. "The appellate scrutiny the case is destined to get will be on the minds of the parties and the judge," he said. "That adds to the intrigue," John said. "While the Fifth Circuit isn’t reviewing this case, they know it’s going on, so there’s some level of gaze focused on this trial from the appellate court as well.”

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