Life Sciences

  • December 18, 2014

    Fed. Circ. Got Original-Patent Rule Wrong, Antares Says

    The Federal Circuit incorrectly interpreted the “original-patent rule” when it affirmed a lower court's denial of an injunction against Medac Pharma Inc. in Antares Pharma Inc.'s infringement suit, Antares said Thursday in its bid for a full-panel review of the appeals court's opinion on Antares' automatic drug injection patent.

  • December 18, 2014

    Ex-Retrophin CEO Gave Away Stock, Investor Suit Says

    The former CEO of biopharmaceutical company Retrophin Inc. handed out stock without shareholder approval and misrepresented the company's finances, according to a recent securities class action filed in New York federal court. 

  • December 18, 2014

    EU's Top Court Opens Door to Some Stem Cell Patents

    Europe’s high court on Thursday ruled that human stem cell technology is patentable for commercial and industrial uses as long as the stem cells are incapable of developing into a human being, giving International Stem Cell Corp. a win in its patent dispute with the British patent office.

  • December 18, 2014

    Merck Will Drop Up To $375M On Cancer Treatment Co.

    New Jersey-based Merck & Co. Inc. has scooped a research company developing a drug to treat blood-based cancers for a potential sale price of $375 million, according to a statement released Thursday.

  • December 18, 2014

    Holland & Knight Adds Fla. Health Care Policy Coordinator

    Holland & Knight has strengthened its Florida government advocacy group in its Tallahassee office with the addition of a former health and human services policy coordinator to Gov. Rick Scott who has experience in life sciences, it said Wednesday.

  • December 18, 2014

    Drug Supplier In MLB Doping Scandal Pleads Guilty

    A Miami man pled guilty Thursday morning in federal court to serving as a black-market supplier for performance-enhancing drugs distributed by a Coral Gables health clinic at the center of a recent scandal involving Major League Baseball players.

  • December 18, 2014

    FDA Raps Sunovion Pharma For Bogus Benefit Claims

    A print advertisement for Sunovion Pharmaceuticals Inc.’s anti-seizure drug Aptiom improperly suggests that the medication can reduce feelings of isolation that patients experience, according to a disciplinary letter released Wednesday by the U.S. Food and Drug Administration.

  • December 18, 2014

    Cancer Biotech Bellicum Soars After $140M IPO Trumps Range

    Cancer-focused drug company Bellicum Pharmaceuticals Inc. raised $140 million Thursday through an initial public offering that issued more shares at a higher price than planned — and subsequently soared in its debut — adding momentum near the close of a strong year for biotech IPOs.

  • December 18, 2014

    Mylan Loses 4th Challenge Of Gilead Viread Patent

    The Patent Trial and Appeal Board on Wednesday rejected a petition from Mylan Pharmaceuticals Inc. to review one of Gilead Sciences Inc.’s patents related to HIV and hepatitis drug Viread, marking the board’s rejection of all four of Mylan’s bids for reviews of patents related to the drug.

  • December 17, 2014

    Dendreon Gets Nod For Bondholder Support Deals

    Dendreon Corp. won the blessing of a Delaware bankruptcy judge Wednesday for pacts that enlist bondholder support for the drugmaker’s planned Chapter 11 reorganization, overcoming opposition to the deals from the U.S. trustee.

  • December 17, 2014

    Many Biotech Patents At Risk After Fed. Circ. Myriad Ruling

    By striking down Myriad Genetics Inc. breast cancer test patents Wednesday, the Federal Circuit greatly expanded the reach of a U.S. Supreme Court decision on Myriad's patents on human genes and has thrown into question the validity of scores of patents involving natural material, attorneys say.

  • December 17, 2014

    Fed. Circ. Strikes Down More Myriad Cancer Test Patents

    The Federal Circuit ruled Wednesday that three Myriad Genetics Inc. breast cancer test patents are invalid for claiming patent-ineligible subject matter, another major setback for the company after the U.S. Supreme Court ruled last year that it could not patent human genes.

  • December 17, 2014

    Watson Beats Auxilium's Testim Patent Suit In Court Trial

    A New Jersey federal judge on Tuesday invalidated a patent related to Auxilium Pharmaceuticals Inc.'s Testim testosterone gel for men, saying that the patent fails for obviousness, derivation and improper inventorship, following a bench trial over Watson Laboratories Inc.'s attempt to create a generic version.

  • December 17, 2014

    8th Circ. Affirms Bayer's FCA Loss But Trims Damages

    The Eighth Circuit on Wednesday affirmed that a former Bayer Corp. sales representative was terminated in retaliation for alerting authorities to a customer’s Medicaid scam, but trimmed about a third off his $890,000 damages award because it found the emotional distress award was excessive.

  • December 17, 2014

    Kline And Specter Take On Philly's Plaintiff-Friendly Rep

    The impact of a recent Pennsylvania Supreme Court ruling hailed by defense attorneys as a tool to help divert cases out of Philadelphia's feared trial court is getting overplayed, the heads of Kline & Specter PC said in an interview with Law360 challenging the city's reputation as plaintiff-friendly.

  • December 17, 2014

    Allergan Investors Accuse Valeant, Pershing Of Takeover Plot

    Valeant Pharmaceuticals International Inc. illegally fed Pershing Square Capital Management LP inside information about its attempted $55 billion takeover of Allergan PLC in exchange for the hedge fund’s support, a proposed class of investors alleged Tuesday in California federal court.

  • December 17, 2014

    Advent, Avista Drop $1.5B Drug Co. Buy Amid FDA Scrutiny

    Private equity firms Advent International and Avista Capital Partners have dropped their $1.5 billion deal to buy the U.S. generic-drug business of UCB SA, as regulators raise questions about the unit's generic version of the attention deficit drug Concerta.

  • December 17, 2014

    PTAB Won't Review Orthophoenix Bone Tool Patents

    The patent board of the U.S. Patent and Trademark Office on Tuesday denied Wright Medical Technology Inc.’s requests for inter partes review of two bone-cutting patents held by Orthophoenix LLC, finding the medical device company hadn’t shown a reasonable chance of proving their claims obvious.

  • December 17, 2014

    Philips Puts Down $1.2B For Medical Device Manufacturer

    Royal Philips agreed to buy medical device maker Volcano Corp. for $1.2 billion, it said Wednesday, marking its biggest health-related acquisition in more than a half-decade and also relieving activist pressure on California-based Volcano to shake up its strategy.

  • December 17, 2014

    FDA To Review Apotex Biosimilar Of Amgen Blockbuster Drug

    Canada-based Apotex Inc. on Wednesday said the U.S. Food and Drug Administration is reviewing its proposed copycat of Amgen Inc.'s blockbuster biologic Neulasta, marking the agency's third known acceptance of a biosimilar application.

Expert Analysis

  • USPTO Is Rejecting Potentially Life-Saving Inventions

    Lane Womack

    The Mayo-Myriad-Alice trilogy of U.S. Supreme Court decisions is impacting many much less controversial patents. Denying patent protection to treatments for cancer, AIDs and tuberculosis because they are based on unpatentable concepts is unwise, if not dangerous, say Bernard Chao, an assistant professor at the University of Denver Sturm College of Law, and Lane Womack, an attorney at Kilpatrick Townsend & Stockton LLP.

  • What Happens When Legal Aid Cuts Stimulate Pro Bono?

    Kevin J. Curnin

    The bad news coming out of the European Pro Bono Summit in November was the rising toll of heavy cuts to public legal aid in England. From this crossroad, there is a lot to be learned about the relationship between public and private assistance, the direction of legal help for the poor in the EU, and whether the American legal aid/pro bono experience offers a road map for what’s next in Europe, says Kevin Curnin of the Association ... (continued)

  • Option Deals For Biotech: Ensuring They Are Enforceable

    Brian Goldstein

    While many biotech founders and investors believe their scientific efforts will generate substantial value, big pharma is often unwilling to pay significant sums to acquire products before significant derisking is undertaken — to bridge this gap, big pharma and early-stage biotech companies have turned to option deals to accomplish their respective goals, says Brian Goldstein of Choate Hall & Stewart LLP.

  • Another Big Year For ITC: Top 12 Section 337 Highlights

    Shara Aranoff

    This year, the Federal Circuit agreed to reconsider its decision narrowing Section 337’s applicability to induced infringement, as the U.S. International Trade Commission held onto its jurisdiction over standard-essential patents and confirmed its ability to reach digital imports. Meanwhile, the ITC took steps toward better exclusion order enforcement, even as it stayed a remedial order pending appeal for the first time, says Shara... (continued)

  • 7th Circ. Explains Role Of Objectors In Class Settlement

    Rhonda Wasserman

    The Seventh Circuit's recent rejection of a class action settlement in Pearson v. NBTY Inc. highlights the important role objectors play in policing the adequacy of class action settlements and provides guidance to lawyers crafting such settlements as well as to district courts charged with reviewing them, says Rhonda Wasserman of the University of Pittsburgh School of Law.

  • Top 10 Trade Secrets Developments Of 2014: Part 1

    Kerry Bundy

    Trends we saw in trade secret law this year — including the growing importance of specifically identifying trade secrets early in litigation and the continuing trend toward large damages awards and settlements in trade secrets cases — promise to shape developments in the years ahead, say attorneys with Faegre Baker Daniels LLP.

  • A Look At 2014 Fed. Circ. Cases Impacting AIA Proceedings

    Raquel Rodriguez

    The first wave of appeals from the U.S. Patent and Trademark Office’s final written decisions in inter partes review, covered business method review and post-grant review proceedings are just starting to reach the Federal Circuit. The court issued several opinions in 2014 that are important to practitioners in this area, say Russell Cass and Raquel Rodriguez of Sidley Austin LLP.

  • Inside New Fed. Circ. Practice Notes For Expedited Appeals

    Matthew Dowd

    Over the past several years, parties — especially in Hatch-Waxman litigation — have been more frequently seeking expedited appeals at the Federal Circuit. The court has taken notice, and its new practice notes should be seen as guidance to the bar that motions to expedite will be reviewed more critically by the court, says Matthew Dowd of Wiley Rein LLP.

  • FTC Centennial: How Health Care Antitrust Has Evolved

    Dionne Lomax

    In the 100 years since the Federal Trade Commission was established, the delivery of health care services — a profession some once argued should be exempt from antitrust scrutiny — has become one of the FTC's primary enforcement priorities. As the FTC embarks upon its second century, there are at least four emerging trends in health care antitrust enforcement, says Dionne Lomax of Mintz Levin Cohn Ferris Glovsky and Popeo PC.

  • 3 Questions To Ask Yourself Before Hiring Appellate Counsel

    David Axelrad

    In the classic case, a client and his attorney seek appellate counsel after the trial court proceedings are concluded. But these days, “classic cases” are few and far between — more and more, appellate lawyers assist in the trial court with preservation of the appellate record and compliance with the many technical rules of appellate procedure, says David Axelrad of Horvitz & Levy LLP.