Life Sciences

  • November 26, 2014

    Duane Morris Guides Sex Dysfunction Drug Co.'s Pared IPO

    S1 Biopharma Inc., an early-stage biotech company developing drugs treating female sexual dysfunction, downsized its initial public offering Wednesday with the aid of Duane Morris LLP, planning to now issue 1.75 million units with warrants attached in an IPO that would raise up to $23.8 million — over a third less than previously projected.

  • November 26, 2014

    PTAB Bars Inventor From Proceeding Pro Se In AIA Review

    The Patent Trial and Appeal Board has refused to allow BakerHostetler to withdraw from representing LCS Group LLC in an inter partes review proceeding brought by Shire Development LLC challenging a binge-eating disorder treatment patent, saying the patent's inventor can't represent himself.

  • November 26, 2014

    Ackman Says Allergan Sale May Net $6B For Pershing Square

    Bill Ackman said that his Pershing Square Capital Management LP could realize $6 billion when pharmaceutical company Allergan Inc. closes its sale to rival Actavis PLC, after his pressure led to the agreement to sell last week.

  • November 26, 2014

    2 Years On, FCA Battles Test Caronia Ruling's Reach

    Two years after the Second Circuit’s Caronia ruling gave free speech cover to off-label drug promotion, the U.S. Department of Justice has become shrewder about bringing False Claims Act cases involving dicey marketing, and imminent rulings are poised to shape the decision’s reach, experts say.

  • November 26, 2014

    Medtronic Gets Conditional FTC Nod On $43B Inversion Deal

    Medtronic Inc. will break off Covidien PLC’s drug-coated balloon catheter business to move forward with its $42.9 billion acquisition of the Ireland-based medical device maker, officially settling the Federal Trade Commission’s concerns that the inversion deal would be anti-competitive, according to a Monday statement.

  • November 26, 2014

    Latham Leads November's IPO Action With Work On 8 Deals

    Twenty-six companies — including two real estate investment trusts, three master limited partnerships and six private equity-backed companies — went public to raise $7.2 billion in November so far, with Latham & Watkins LLP leading the pack as counsel on eight offerings.

  • November 26, 2014

    Novartis Sheds Nicotine Patches To Clear Way For Glaxo Deal

    Novartis AG will divest its Habitrol line of nicotine patches in exchange for Federal Trade Commission approval of a joint venture with GlaxoSmithKline PLC, the FTC said Wednesday.

  • November 26, 2014

    Avandia Insurers Denied Class Cert. In Suit Against Glaxo

    A Pennsylvania federal judge on Monday denied class certification to two Humana Inc. units that sued GlaxoSmithKline PLC for the cost of insuring Medicare patients harmed by its drug Avandia, saying issues of law and fact vary for proposed class members.

  • November 26, 2014

    Life Sciences MVP: White & Case's Dimitrios Drivas

    White & Case LLP partner Dimitrios Drivas, the chair of the firm’s global intellectual property practice group out of its New York office, won key victories for major pharmaceutical companies over the past year that helped to earn him a place on Law360's list of Life Sciences MVPs for 2014.

  • November 26, 2014

    Judge Nixes False-Labeling Suit Over Merck Sunscreens

    A California federal judge on Tuesday tossed a proposed class action claiming Merck & Co. Inc. overcharges for its Coppertone sunscreen products with sun protection factors of 55 and above, saying that the U.S. Federal Drug Administration has primary jurisdiction.

  • November 26, 2014

    5 Lessons From DOJ's Blockbuster FCA Haul

    The U.S. Department of Justice’s $5.7 billion False Claims Act haul in fiscal year 2014 will further incentivize whistleblowers who share proceeds in successful suits, and the mix of companies that coughed up cash points to an expanded anti-fraud playing field, experts say. Here are five lessons from the record-smashing recoveries.

  • November 26, 2014

    Fla. Stock Scheme Atty Sees Post-Trial Motions Rejected

    A Florida federal judge on Tuesday rejected a slew of post-trial motions lodged by attorney Mitchell J. Stein, convicted of participating in former NFL player Willie Gault's scheme to inflate heart-monitoring company Signalife Inc.'s stock, as prosecutors told the court Stein should serve 25 years in prison.

  • November 26, 2014

    Pfizer On Sidelines As AstraZeneca Offer Window Opens

    Pfizer Inc. stayed quiet on Wednesday as restrictions imposed by U.K. takeover regulators loosened, allowing it to make another run at British rival AstraZeneca PLC after a previous $118 billion takeover bid suffered a high-profile collapse earlier this year.

  • November 26, 2014

    Shire Backers Say AbbVie Execs Lied About Inversion Upside

    A group of Shire PLC shareholders accused executives at AbbVie Inc. on Wednesday of lying about the non-tax benefits behind the drugmakers' planned $55 billion union, the highest-profile inversion to crumble after the Obama administration unfurled restrictions to curb tax-motivated deals.

  • November 25, 2014

    Deals Rumor Mill: BT Group, Bayer, Clarksons

    BT Group is in discussions with Telefonica SA concerning a potential $17 billion deal that would see BT buy back the O2 cellular network unit it sold off a decade ago, while Bayer AG is exploring the possibility of selling its diabetes device business for up to $2.49 billion.

  • November 25, 2014

    Market Rumors: GlaxoSmithKline, Keppel, Jasmine Broadband

    U.K. drugmaker GlaxoSmithKline is preparing to sell €2.5 billion in notes, its first euro bonds since 2009, while Keppel DC REIT is gearing up to launch the largest IPO in Singapore in a year.

  • November 25, 2014

    3rd Circ. Won't Revive FCA Suit Against Siemens

    The Third Circuit on Tuesday affirmed a grant of summary judgment given to a Siemens AG subsidiary in the whistleblower suit accusing it of overcharging the U.S. Department of Veterans Affairs for medical devices, saying the district court did not abuse its discretion.

  • November 25, 2014

    2nd-Ever Post-Grant Review Ends In Settlement

    The Patent Trial and Appeal Board on Monday approved a settlement between Accord Healthcare Inc. and drugmakers Helsinn Healthcare SA and Roche Palo Alto LLC over a patent on nausea drug Aloxi, ending the second-ever post-grant review proceeding under the America Invents Act.

  • November 25, 2014

    Novartis' Painkiller Pricing Strategy Deemed Legal

    Novartis AG on Monday ducked a putative class action alleging it broke New Jersey consumer fraud laws by charging more for a migraine medicine than for another chemically identical painkiller when a federal judge ruled that, while strategic, the company’s pricing scheme wasn’t illegal.

  • November 25, 2014

    Judge Nixes Spine Surgery Patents, Citing Nautilus

    A California federal judge has ruled that two patents on spinal surgery devices asserted against Alphatec Spine Inc. are invalid as indefinite, ruling that although the patents would not be invalid under an older indefiniteness standard, they are under the U.S. Supreme Court's recent Nautilus decision.

Expert Analysis

  • Amgen Likely To Be Leading Case Affecting ERISA Pleading

    Fred T. Isquith

    Given the Ninth Circuit decision in Harris v. Amgen Inc., practitioners should be advising their clients of a considerable change in the judiciary’s approach to the responsibilities of fiduciaries in employment plans covered by the Employee Retirement Income Security Act, says Fred Isquith of Wolf Haldenstein Adler Freeman & Herz LLP.

  • What To Know About Extending Patent Term In Southeast Asia

    James Kinnaird

    For pharmaceutical products, the most general form of extended patent protection available in Southeast Asia is currently data exclusivity, says James Kinnaird of Marks & Clerk.

  • Remembering Doar: Justice As A 4-Letter Word

    Kevin J. Curnin

    John Doar ran the U.S. Justice Department's Civil Rights Division at perhaps the most chaotic and pivotal time in its history. His passing earlier this month is an occasion for lawyers everywhere to marvel at just how impactful one attorney can be. He didn’t just preside at a historic time, he calmly and coolly shaped it, says Kevin Curnin of the Association of Pro Bono Counsel.

  • ‘Tis The Season … For Data Breaches And Data Analytics

    Mike Kheyfets

    Last holiday season saw some of the biggest and costliest data breaches in the retail industry’s history. With optimistic forecasts for spending this year, retailers will no doubt once again be in hackers’ crosshairs in the coming month. Implementation of data analytics — an important but sometimes underutilized tool — can assist in all phases of incident management, say economists at Edgeworth Economics LLC.

  • Differentiate Your Litigation Practice With Data Security

    Jennifer Topper

    Despite the significant tilt toward technology in how litigation is now conducted, many senior lawyers still delegate tech-related issues to e-discovery specialists or associates at their firms. This is a missed opportunity not just for client development, but also for shaping the way the firm and lawyer are seen in the eyes of corporate counsel, says legal industry business development specialist Jenn Topper.

  • Solace For Wis. Suppliers Over Defective Components

    Jeffrey O. Davis

    Wisconsin Pharmacal Co. LLC v. Nebraska Cultures of California Inc. is important for all manufacturers since the decision correctly found that defective components that ruin an end product are covered under a standard general liability policy, but with an important caveat — the fully integrated product must be ruined by the defective component, say attorneys at Quarles & Brady LLP.

  • Is Stockpiling Protected By Hatch-Waxman Safe Harbor?

    Brian Coggio

    Stockpiling of generic drugs to allow commercial introduction immediately after patent expiration is considered an act of infingement, but infringement suits contesting this conduct are almost nonexistent. The stockpiling of biologics and biosimilars, which are usually more expensive and take longer to produce than typical generics, may bring this dormant issue to the forefront, say Brian Coggio and Ron Vogel of Fish & Richardson PC.

  • 2 Assumptions Shape 3rd Circ. Reverse Payment Case

    Leslie John

    When it heard oral argument in Louisiana Wholesale Drug Co. Inc. v. SmithKline Beecham Corp. Wednesday, the Third Circuit became the first appellate court to enter the debate regarding the impact of the U.S. Supreme Court’s decision in Actavis. This case will have a significant effect on determining which patent dispute settlements should be subject to rule of reason review under Actavis, say attorneys with Ballard Spahr LLP.

  • Novartis FCA Case Reaffirms Importance Of Company Policies

    Michael Loucks

    To the extent other courts adopt the New York federal court's analysis in U.S. v. Novartis Pharmaceuticals Corporation, the collateral consequence of an employee breach of internal policy or industry code of ethics and a corporate failure to appropriately sanction those employees could yield adverse consequences in the event of follow-on federal False Claims Act litigation, say attorneys with Skadden Arps Slate Meagher & Flom LLP.

  • The Print Room: How To Spend Less And Get More

    Senthil Rajakrishnan

    Our estimates indicate that some law firms spend up to $8,000 per attorney each year on print-related costs. Although we live in a digital world, hard copy printing will remain an important part of business for years to come. Changing technology, however, offers opportunities to improve efficiencies and save money, say Senthil Rajakrishnan and Ryan Mittman of HBR Consulting LLC.