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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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)
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.
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)
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.
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.
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.
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.
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.
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.