Life Sciences

  • December 9, 2016

    Hagens Berman Says Special Master Inquiry Risks Privilege

    Hagens Berman Sobol Shapiro LLP on Thursday told a Pennsylvania federal judge that a special master looking into if it be allowed to withdraw from representing six thalidomide birth defects clients in suits against GlaxoSmithKline shouldn’t be allowed access to privileged work product.

  • December 9, 2016

    Express Scripts Says Stockholder Suit Lacks Fraud Proof

    Express Scripts Inc. has urged a New York federal court to toss a putative class action alleging it misrepresented its relationship with Anthem Inc., which investors claim caused shares to fall when Anthem accused Express of stonewalling a drug-pricing deal, arguing its optimism about negotiations doesn’t equal securities fraud.

  • December 9, 2016

    PTAB Agrees To Review Allergan Restasis Patents

    The Patent Trial and Appeal Board on Thursday agreed to review the asserted claims of six Allergan patents related to the dry eye treatment Restasis, finding Mylan has demonstrated that at least one of the claims in each patent may be invalid.

  • December 9, 2016

    Women In Mesh MDL Must Show Safer Design Was Feasible

    The West Virginia federal judge overseeing multidistrict litigation over Johnson & Johnson's Ethicon Inc. surgical mesh sided with the company on Friday when he ruled that a consumer would have to prove a safer, alternative design to a defective product was feasible at time of its manufacture.

  • December 9, 2016

    Life Sciences MVP: White & Case's J. Mark Gidley

    In the constantly evolving sector of pharmaceutical antitrust law, White & Case LLP partner J. Mark Gidley has kept up by bringing a well-rounded, creative and determined legal mind to every case, skills that have earned him a spot among Law360’s Life Sciences MVPs for 2016.

  • December 9, 2016

    Vitamin Co. Can't Shake 'Made In USA' Suit, Consumer Says

    The consumer accusing The Nature’s Bounty Co. of deceptively marketing products as “Made in the USA” argued on Thursday that the vitamin maker’s bid to toss the proposed class action is based on a faulty reading of the Federal Trade Commission’s standard for making such a claim.

  • December 9, 2016

    JPML Centralizes J&J Invokana Unit Litigation In N.J.

    Fifty-five lawsuits against a Johnson & Johnson unit over claims that the company failed to adequately test its Invokana diabetes drug and warn consumers about the risk of medical problems have been consolidated in New Jersey federal court under an order issued Wednesday by the U.S. Judicial Panel on Multidistrict Litigation.

  • December 9, 2016

    FTC Says Boehringer Should Cough Up Pay-For-Delay Docs

    The U.S. Federal Trade Commission asked a D.C. federal court Friday not to allow Boehringer Ingelheim Pharmaceuticals to delay producing documents related to a pay-for-delay suit over stroke prevention drug Aggrenox while the company appeals a decision on whether the documents are protected.

  • December 9, 2016

    Pharmacy Execs Want Separate Trials Over Deadly Outbreak

    Two top executives of the defunct Massachusetts compounding pharmacy linked to a deadly meningitis outbreak in 2012 told a federal judge Friday that they should be tried separately, a request that came less than a month before jury selection in their murder case is set to begin.

  • December 9, 2016

    Deals Rumor Mill: PPD, CCP, Time

    Private equity-backed Pharmaceutical Products Development could sell in a deal valuing the drug research firm at about $5 billion, an Icelandic game developer may be bought for up to €900 million ($955 million), and Time has hired advisers as it weighs a sale amid struggles for the print industry at large.

  • December 9, 2016

    Boston Scientific Wages IP Suit Against Nevro's Pain Device

    Boston Scientific Corp. on Friday accused medical device maker Nevro Corp. in Delaware federal court of infringing 10 of its patents relating to spinal cord stimulation technology to treat chronic pain, less than two weeks after Nevro filed similar litigation against Boston Scientific.

  • December 9, 2016

    Diet Pill Maker Seeks Sanctions For FTC Witness's Husband

    Diet pill maker Roca Labs on Thursday asked a Florida federal court judge to sanction the husband of one of the Federal Trade Commission’s key witnesses in the agency’s false advertising suit against it, saying that he likely has information that could contradict his wife's testimony but hasn’t responded to a subpoena.

  • December 9, 2016

    Sanofi Can’t Enforce Deal It Broke In $20M Suit, Elorac Says

    The maker of a cream used to treat osteoarthritis hit back at Sanofi-Aventis Canada Inc.’s claims its contract to market the cream is void, arguing Thursday that it was Sanofi who first breached the agreement at the heart of an ongoing lawsuit between the companies.

  • December 9, 2016

    The Top Product Liability Cases Of 2016: Year-End Report

    The Second Circuit opened up New GM to a potential flood of claims when it undid a bankruptcy liability shield that protected it from ignition switch claims against its prebankruptcy entity, while courts also tackled the labeling of "natural" foods and generic drugs. Here, Law360 takes a look at some of the most significant product liability rulings of the past year.

  • December 8, 2016

    3rd Circ. Won't Rethink Nixing Of Law Firm's Risperdal Suit

    The full Third Circuit declined Thursday to revisit a ruling that Philadelphia personal injury firm Sheller PC could not prove that the U.S. Food and Administration’s rejection of its petition requesting revocation of approval of the antipsychotic drug Risperdal led to increased costs in underlying litigation.

  • December 8, 2016

    Novartis Loses At BALCA In Case Over Exec. Director Job

    The Board of Alien Labor Certification Appeals on Wednesday upheld the denial of permanent labor certification for an executive director position at Novartis Pharmaceuticals Corp., finding a certifying officer had correctly found the company rejected U.S. workers for the post for “other than lawful, job-related reasons.”

  • December 8, 2016

    Ex-Insys Executives Charged In Painkiller Kickback Scheme

    Six former executives of pharmaceutical company Insys Therapeutics Inc. were arrested and charged Thursday in Massachusetts federal court for allegedly conspiring to bribe doctors to prescribe the company’s highly potent fentanyl-based pain medication, in the latest hit to the troubled drug company.

  • December 8, 2016

    Fed. Circ. Upholds Toss Of Plastic-Product Packaging IP

    The Federal Circuit on Thursday affirmed a Patent Trial and Appeal Board decision finding all claims in a CSP Technologies Inc. patent involving the packaging of plastic products, which it asserted over another company's use in the packaging of medical diagnostic test strips, were anticipated and obvious.

  • December 8, 2016

    Grifols Accused Of Off-Label Drug Uses In FCA Suit

    Spanish pharmaceutical company Grifols SA potentially bilked the federal government, 28 states and Washington, D.C., out of millions of dollars by inappropriately marketing unapproved uses of a drug for a rare condition, a whistleblower said in a False Claims Act suit filed in Florida federal court.

  • December 8, 2016

    Hemispherex Investors Put Anti-Fatigue Drug Suit To Rest

    Hemispherx Biopharma Inc. shareholders have settled a consolidated Pennsylvania derivative suit alleging the company’s directors and officers misrepresented the safety and efficacy of the anti-fatigue drug Ampligen and overstated its prospects for federal approval.

Expert Analysis

  • The Horrible Conflict Between Biology And Women Attorneys

    Anusia Gillespie

    Women leave law firms for many of the same reasons men do, but also face challenges including headwinds with respect to assignment delegation and social outings, as well as potential disruptions if they choose to have children. Firms can increase investment in talent management and improve retention and engagement of women attorneys, says Anusia Gillespie of Banava Consulting.

  • How Latin America Is Stepping Up Anti-Corruption Efforts

    Morgan Miller

    For much of 2015 and 2016, barely a day went by without an anti-corruption-related headline involving Latin America, as companies operating throughout the region have and continue to become well acquainted with a growing appetite to root out corruption, say attorneys with Paul Hastings LLP.

  • FTC And Courts Remain Real Serious About Fake News Ads

    Leonard L. Gordon

    The Federal Trade Commission has been trying to stop “fake news” advertising for some time and a Florida federal court recently affirmed those efforts with its decision in FTC v. NPB Advertising. The case provides a list of lessons on what not to do when advertising your products, says Leonard Gordon of Venable LLP.

  • Lawyer EQ: Finding Success In Every Interaction

    Judith Gordon

    American legal education relies almost exclusively on analytical thinking. But success in legal practice depends in large part upon an accurate emotional understanding of oneself and the human seated opposite us. Honing emotional intelligence skills can lead to greater success, and Judith Gordon of LeaderEsQ offers a few tools that can be implemented immediately to raise one’s emotional intelligence quotient.

  • Inside The 2nd Circ. Ruling In Abbott V. Adelphia

    Brendan O'Rourke

    In Abbott Laboratories v. Adelphia Supply USAl, the Second Circuit affirmed a district court’s grant of a preliminary injunction halting the alleged sale of gray-good diabetes test strips made by Abbott Laboratories. The decision is notable because the authentic test strips were identical to the gray-good versions, say attorneys with Proskauer Rose LLP.

  • Managing Intergenerational Differences Within Your Law Firm

    Najmeh Mahmoudjafari

    We are privileged to be part of an employment market that hosts employees from various generations. While “differences” may imply inherent conflict, intergenerational differences can actually be used to an advantage for organizations — especially law firms, say Najmeh Mahmoudjafari, founder of ImmigraTrust Law, and William Martucci of Shook Hardy & Bacon LLP.

  • Reliable Analysis Is Key To Addressing Ascertainability

    Stephen Cacciola

    There has been much discussion recently about the circuit court split on the ascertainability requirement in class certification. Given the uncertainty regarding which standard will ultimately prevail, and the heightened scrutiny of ascertainability by some federal courts, it is crucial for both plaintiffs and defendants to address these issues at the class certification stage, say Stephen Cacciola and Stephen Fink of Analysis Group Inc.

  • The FTC's Overreaching Regulation Of Homeopathic Drugs

    Todd A. Harrison

    Recently, the U.S. Federal Trade Commission decided once again to force itself into the U.S. Food and Drug Administration's ill-fitting shoes, establishing safety and effectiveness standards for over-the-counter homeopathic drugs. The FTC is only obfuscating the already-strained regulatory framework for homeopathic drugs, say attorneys from Venable LLP.

  • Talking 'Bull': Episode 8, Too Perfect

    Roy Futterman

    In this weekly column, real-life New York City jury consultant and psychologist Roy Futterman parses fact from fiction in "Bull," the new TV series airing on CBS about a fictional NYC jury consultant/psychologist. Spoiler alert ...

  • Philip Hirschkop: Quietly Making Noise For 50 Years

    Randy Maniloff

    The first paragraph of Philip Hirschkop’s obituary is going to contain the word "Loving." That’s undeniable. But many of Hirschkop’s other cases are just as groundbreaking in their own right. They aren’t household names like Loving, but they have affected millions in the nation’s households, says Randy Maniloff of White and Williams LLP.