A California federal judge on Friday refused to toss a securities fraud class action against Impax Laboratories Inc. that alleges the pharmaceutical company hid serious quality-control deficiencies while exaggerating its progress toward fixing them.
A whistleblower has asked the U.S. Supreme Court to revive a False Claims Act suit against Takeda Pharmaceutical Co. Ltd. after the First Circuit upheld the suit's dismissal, arguing the case presents a circuit split on when a plaintiff can seek leave to amend a complaint.
A New Jersey federal judge on Friday tossed a putative class action alleging Nordic Naturals Inc. misled consumers about the contents of a fish oil supplement, saying the complaint was short on details about the alleged deceit and the losses it caused.
A Pennsylvania-based manufacturer of weight-loss capsules was hit with a proposed class action in California court Wednesday alleging the pills don’t contain an African cactus plant as advertised and therefore can’t deliver the plant's supposed health benefits.
Heart Tronics Inc. on Friday accused its former counsel at McKenna Long & Aldridge LLP of malpractice and fraud, alleging in California federal court that the firm plotted to force Heart Tronic’s CEO to resign, allowing it to tap into a separate insurance fund for defending executives.
The University of Southern California and its student health center urged a California federal judge on Friday to toss an ex-USC football player's claims that a team doctor negligently administered a painkiller that gave him a heart attack, saying the player didn't show a breach in the standard of care.
Edwards Lifesciences AG urged the Federal Circuit on Thursday not to stay an order barring most U.S. sales of Medtronic Inc.'s allegedly infringing heart valve systems, disregarding Medtronic’s “alarmist” claims that patients will die as mere scare tactics and proposing a “properly tailored injunction.”
Venture capitalists invested $9.5 billion in 951 deals in the first quarter of 2014 — the highest quarterly total in over a decade — with software and biotechnology companies leading the pack as the most-attractive venture capital investments, according to a report released Friday by PricewaterhouseCoopers LLP.
The chief justice of the U.S. Supreme Court on Friday refused Teva Pharmaceutical Industries Ltd.'s bid for an order temporarily restoring a lower court's injunction delaying two generic-drug companies from launching versions of its multiple sclerosis drug Copaxone, saying Teva hasn't shown it would be irreparably harmed if denied such relief.
Kowa Company Ltd. on Thursday sued Mylan Inc. in Pennsylvania federal court, claiming Mylan’s application to market a generic version of the cholesterol-lowering drug Livalo violates three of Kowa’s patents.
The U.S. Food and Drug Administration on Friday disclosed plans for a sizable survey of how prescription drug advertisements affect consumer perception of product dangers and benefits, adding to a notable uptick in the agency's scrutiny of risk disclosures.
Axinn Veltrop & Harkrider LLP's Chad Landmon recently helped Actavis Inc. strike a settlement deal with Shire LLC allowing Actavis to market a generic version of the lucrative drug Intuniv and previously secured a courtroom win over the U.S. Food and Drug Administration for Watson Laboratories Inc., landing himself among Law360's top intellectual property attorneys under 40.
As the nation’s drug and device firms increasingly diversify their holdings, Alston & Bird LLP partner Sarah Ernst has positioned herself in the vanguard of transactional talents making sure the new additions are good fits, winning a spot among the young life sciences lawyers honored recently by Law360.
The plaintiffs alleging GlaxoSmithKline LLC's antidepressant drug Paxil caused birth defects urged the Third Circuit on Tuesday to move the case back to Pennsylvania state court, saying a federal court had erred in denying their motion to remand.
The Federal Trade Commission is seeking more details on generic-drug maker Actavis PLC's proposed $25 billion acquisition of Forest Laboratories Inc., the companies said Thursday, adding scrutiny on a deal that is already under assault in New York court.
The U.S. Food and Drug Administration said on Wednesday it has approved stronger warning labels for all extended-release and long-acting opioid painkillers, saying the drugs should only be used by patients with severe long-term pain.
Perkins Coie LLP said on Tuesday it had lured a trial attorney from DLA Piper with expertise defending pharmaceutical companies, medical device makers and food companies in class actions, as well as mass tort and complex cases, to bolster its product liability team in San Diego.
King & Spalding LLP has bolstered the technology transactions practice in its Silicon Valley office with the addition of a former DLA Piper attorney with extensive experience advising life sciences clients on mergers and acquisitions, intellectual property licensing and other complex technology agreements, the firm said Wednesday.
Eli Lilly & Co., Ube Industries Ltd., Daiichi Sankyo Co. Ltd. and its subsidiary sued Apotex Inc. on Wednesday in Indiana federal court, alleging that the generic-drug maker's proposed version of the heart drug Effient would infringe two patents licensed to Eli Lilly.
Teva Pharmaceuticals Inc. told the U.S. Supreme Court on Thursday that it is willing to post a $500 million bond if the high court temporarily restores a lower court injunction blocking two generic-drug companies from launching versions of its lucrative multiple sclerosis drug Copaxone.
There has been a dramatic change in how public relations professionals interact with the news media to promote or protect a law firm’s brand and reputation. But content is queen and has a bright future in law firm PR — it all begins with a plan that should include goals, performance indicators and a system of assessment, say Paul Webb, director of marketing at Young Conaway Stargatt & Taylor LLP, and Kathy O'Brien, senior vice president at Jaffe PR.
The Akorn Inc.-Hi-Tech Pharmacal Co. Inc. acquisition shows that the Federal Trade Commission is unlikely to ease up soon on what has essentially become a bright-line rule in antitrust policy — transactions resulting in three to two and sometimes even four to three reductions in the number of competitors, where there would be no timely entry, face difficult regulatory hurdles, say Bruce Sokler and Helen Kim of Mintz Levin Cohn Ferris Glovsky and Popeo PC.
The Arkansas Supreme Court's decision in Ortho-McNeil-Janssen Pharmaceuticals Inc. v. Arkansas dealt a blow to state attorneys general seeking to take action in matters primarily within the jurisdiction of the U.S. Food and Drug Administration. The case could signal a court pushback against state encroachment into federal regulatory matters, and may curb the outsourcing of litigation to private counsel with financial incentives to pursue enormous recoveries in court, say attorneys at Covington & Burling LLP.
While relatively few food recall claims have been litigated, there is a small body of case law that has developed in the last few years highlighting important considerations for policyholders. The cases generally hold that there is no coverage for a purely prophylactic recall, a result that has the potential to exclude a significant number of recalls from coverage — policyholders must demonstrate actual contamination or mislabeling, says Joshua Davey of McGuireWoods LLP.
While the actual breaches are unknown, Heartbleed has the potential to expose all of a lawyer's files stored or transmitted online. The bug raises professional responsibility questions and offers confirmation of the greatest anxieties that the legal industry has about online practice. In fact, the timing is poor for many legal tech providers, following a general industry warming to cloud offerings, says David Houlihan of Blue Hill Research Inc.
In Biotronik AG v. Conor Medsystems Ireland Ltd., the New York Court of Appeals ruled that a no consequential damages clause in a distribution agreement did not preclude the distributor from proceeding with a claim for lost profit damages. A manufacturer must recognize that, if it breaches an agreement, the clause may not protect it from claims on the sale of a product had the agreement not been breached, say Rick Robinson and Glen Banks of Norton Rose Fulbright.
In Europe, patent holders can obtain compensation for regulatory delays in bringing a new medicinal product to market via the award of a supplementary protection certificate. The system was intended to be clear and easy to implement, but after more than 20 years, courts and practitioners remain unsure as to how key terms in the legislation are to be interpreted, despite three recent EU Court of Justice judgments, say Matthew Jones and Andrew Sharples of EIP.
Why do the majority of speakers get polite claps at the end of their talks while a few select others receive rousing applause? Having given more than 375 presentations to legal groups, bar associations, Fortune 500 companies and corporate gatherings, I’ve learned a few things about what not to do. Remember, great speakers don’t tell “war stories.” They don’t even give examples from their own practice, says Michael Rubin of McGlinchey Stafford PLLC.
The European Commission recently published the definitive text of its new rules regarding the interface between intellectual property and antitrust law, which will have a particular impact on the life sciences industry. For example, the draft of the new rule suggested excluding termination-on-challenge clauses from the safe harbor provision of the European Union Treaty — a move the industry criticized, says Dr. Ulrich Worm of Mayer Brown LLP.
In conjunction with PLIVA Inc. v. Mensing, the U.S. Supreme Court’s recent decision in Mutual Pharmaceutical Co. v. Bartlett effectively forecloses state law product liability claims against generic manufacturers. However, plaintiffs, citing the so-called Bartlett footnote, argue that design defect claims are not preempted if the prescription drug was misbranded under federal law — despite the footnote being a red herring, say Anand Agneshwar and Anna Thompson of Arnold & Porter LLP.