Life Sciences

  • June 29, 2016

    FTC Urges Pa. Judge Not To Extend Deadline For Abbvie Docs

    The Federal Trade Commission on Tuesday hit back at Abbvie Inc.’s Monday assertion that the agency is bringing up “new purported discovery disputes” in a pay-for-delay suit over the testosterone treatment AndroGel, urging a Pennsylvania federal judge not to allow Abbvie to delay resolution of Abbvie’s outstanding privilege challenges.

  • June 29, 2016

    Hawaii Escapes Plavix MDL Discovery Agreement

    Bristol-Myers Squibb Co. and Sanofi-Aventis U.S. LLC on Wednesday were denied a bid to hold Hawaii to a discovery coordination agreement in multidistrict litigation over allegedly misleading marketing of the blood thinner Plavix, according to New Jersey federal judge’s order.

  • June 29, 2016

    DLA Piper Attys Lied Under Oath About Witness Calls: Judge

    Two DLA Piper lawyers lied in sworn testimony about telling a potential witness in a prescription drug plan suit to not speak to opposing counsel, a New York federal judge said in a Wednesday order.

  • June 29, 2016

    Lamictal Pay-For-Delay Row Shouldn't Be Paused, Buyers Say

    Buyers of the anticonvulsant drug Lamictal urged a New Jersey federal judge on Tuesday not to pause discovery in the pay-for-delay case against GlaxoSmithKline and Teva following the U.S. Supreme Court's recent request that the U.S. solicitor general weigh in on the suit.

  • June 29, 2016

    Lipozene Buyer Seeks Class Cert. In False Advertising Row

    A woman who purchased the allegedly ineffective weight loss supplement Lipozene asked a California federal court Wednesday to certify a class of buyers in a suit accusing the supplement's maker and marketer of ignoring a 2005 injunction to stop making false claims about its efficiency.

  • June 29, 2016

    Heart Device Maker Pays $8M To End FCA Kickback Suit

    A heart surgery device maker has agreed to pay $8 million to settle a whistleblower's False Claims Act allegations that it provided marketing support as kickbacks to doctors who charged government health programs for the devices' use, the federal government said Wednesday.

  • June 29, 2016

    Medtronic Gets Bosch Patent Dismissals Upheld By Fed. Circ.

    The Federal Circuit on Wednesday affirmed Patent Trial and Appeal Board decisions from 2015 that invalidated three Robert Bosch Healthcare Systems Inc. patents related to telehealth technology, in a win for competitor Medtronic Inc. unit Cardiocom LLC, which Bosch had claimed infringed the patents through its electronic data collection system.

  • June 29, 2016

    Plavix FCA Suit Revived After High Court's Escobar Ruling

    A New Jersey federal judge on Wednesday reopened a False Claims Act suit against Sanofi-Aventis US LLC and Bristol-Myers Squibb Co. following the U.S. Supreme Court’s recent Escobar ruling that liability under the statute can be triggered by failure to comply with regulations that aren't explicit conditions of payment.

  • June 29, 2016

    DOJ Confirms Epic Spike In FCA Penalties

    The U.S. Department of Justice confirmed Wednesday that False Claims Act penalties will soon nearly double, making high-stakes FCA litigation all the more dramatic.

  • June 29, 2016

    USPTO To Expedite Reviews Of Cancer Treatment Patent Apps

    The director of the U.S. Patent and Trademark Office on Wednesday said the agency would fast-track reviews of patent applications related to cancer treatment as part of an effort to support President Barack Obama’s “cancer moonshot” effort battling the disease.

  • June 29, 2016

    Arbitrators Overstepped In Biotech IP Row, 3rd Circ. Told

    A French starch manufacturer has urged the Third Circuit to reverse a lower court's affirmation of an international arbitral award for intellectual property rights associated with a defunct biotech joint venture, saying the arbitral panel exceeded its authority.

  • June 29, 2016

    3rd Circ. Wants Arguments Limited To Market In Doryx Row

    The Third Circuit on Tuesday told counsel for Mylan Pharmaceuticals Inc., Warner Chilcott PLC and Mayne Pharma Group Ltd. that their oral arguments next month in an antitrust case over the acne medication Doryx should be limited to defining a market and proving or disputing anticompetitive conduct.

  • June 29, 2016

    'Kickbacks' In FCA Suit Were Just Discounts, Omnicare Says

    Omnicare Inc. engaged in a perfectly legal drug discount program that was studiously noted in written agreements, the company told a Massachusetts federal judge Wednesday as it pressed for summary judgment in a qui tam case alleging false Medicaid claims and kickbacks.

  • June 29, 2016

    Cooley Adds IP Pros From Pillsbury, MoFo To Calif. Offices

    Cooley LLP has added an intellectual property attorney from Morrison & Foerster LLP who specializes in life sciences and a trademark and copyright litigator from Pillsbury Winthrop Shaw & Pittman LLP as partners in its California offices, the firm announced on Wednesday.

  • June 29, 2016

    Monsanto Still In Talks With Bayer After Rejecting $62B Bid

    Monsanto revealed Wednesday that it is still in discussions with German chemicals and drug company Bayer AG and weighing its “alternative strategic options,” an update that comes roughly a month after the U.S. agrochemical company snubbed a $62 billion buyout offer from Bayer.

  • June 29, 2016

    Sanofi Junk Fax Class Asks For Cert In TCPA Row

    A physician who claims companies working on behalf of Sanofi Pasteur Inc. and a subsidiary to send unsolicited fax advertisements to his office asked a Pennsylvania federal court on Tuesday to certify a nationwide class of approximately 200,000 members.

  • June 28, 2016

    The 10 Firms GCs Love For Pharma Work

    While many firms have clients in the pharmaceutical industry, a few of those firms have used especially strong client relationships to help them stand out among the crowd, get rehired and even win new business, according to a new report.

  • June 28, 2016

    9th Circ. Partially Revives Supplement Suit Against GNC

    The Ninth Circuit gave a second chance to some claims in a class action against GNC Corp. and others over a testosterone supplement on Tuesday, saying a district judge wrongly leaned on Wikipedia links in dismissing some claims.

  • June 28, 2016

    Accused 'Snake Oil' Tea Seller Enters Consent Decree

    A dietary supplement company accused by federal agencies in a nationwide crackdown on "21st century snake oil" has agreed to remove false curative claims from its products and notify consumers that its products aren't drugs and don't cure or treat disease, according to a consent decree filed on Monday in California federal court.

  • June 28, 2016

    High Court May Put Limits On Foreign Reach Of US Patents

    A case that the U.S. Supreme Court agreed to hear Monday may make it tougher for companies to use American patent law to collect damages for overseas conduct, as the justices examine a Federal Circuit ruling that held a company liable for shipping only a single component abroad.

Expert Analysis

  • Biologic Patents Are Under Attack

    Terry G. Mahn

    Biologic drug manufacturers are facing a confluence of disparate forces chipping away at once formidable patent estates, and although biosimilar entrants benefit directly from these pressures on their brand counterparts, the public has the most to gain from the emergence of a competitive market for biologic drugs, says Terry Mahn at Fish & Richardson PC.

  • How To Manage Your Law School Debt After Graduation

    Andrew Josuweit-headshot.jpg

    Student loan debt can feel overwhelming to new lawyers, especially when just getting started post graduation. Andrew Josuweit, co-founder and CEO of Student Loan Hero Inc., reviews the loan repayment plans available and discusses the best path forward for recent grads shouldering law school debt.

  • New Vt. Drug Pricing Law Will Have A Limited Impact

    Joanne L. Zimolzak

    If, as Vermont's new drug pricing law itself expresses, transparency is merely the first step to health care cost control, patients need and deserve to know: What is the next step? Vermont will eventually be faced with more daunting questions around what actions it will take to rein in these costs and what impact those changes will have on patients, say attorneys at Dentons.

  • Ranbaxy: Court Recognizes Fraud-On-The-FDA Antitrust Claim

    Jonathan Berman

    In a significant expansion of antitrust jurisprudence, the Massachusetts federal magistrate judge in Meijer v. Ranbaxy sided with the plaintiffs, who asserted that Ranbaxy violated the Sherman Act by allegedly obtaining an exclusivity period through fraudulent submissions to the U.S. Food and Drug Administration. But similar complaints may not survive motions to dismiss, says Jonathan Berman of Jones Day.

  • The Cloud And Ethical Considerations For Lawyers

    Bradley S. Shear

    Despite regular news stories detailing the need to update our digital privacy laws and increase our cybersecurity protections, law firms and in-house legal departments should feel confident that utilizing cloud providers with strong privacy and security protections will not breach their ethical obligation to clients, says Bradley Shear of the Law Office of Bradley S. Shear LLC.

  • A Few Important Decisions From The 'Inferior' Courts

    Fred Taylor Isquith

    With all eyes on the U.S. Supreme Court, litigation lawyers may have glanced quickly at important cases coming from the lower courts and providing guidelines on confidentiality orders, picking off plaintiffs, the treatment of buried disclosure in securities litigation, and antitrust pleadings, says Fred Isquith of Wolf Haldenstein Adler Freeman & Herz LLP.

  • Creating A Partial Solution To Delayed Generic Competition

    Gregory S. Asciolla

    Although the recently proposed CREATES Act leaves some competitive concerns unanswered, and raises some additional questions, it provides a starting point to address some of the issues affecting consumer access to cheaper generic and biosimilar drug products in the United States, say Gregory Asciolla and Matthew Perez at Labaton Sucharow LLP.

  • How Lawyers Can Harness The Power Of Social Media

    Monica Zent

    It’s important to first decide what your personal brand is. Are you a crusader? A wry observer? A compassionate witness? Your social media presence doesn’t have to reflect the deepest aspects of your identity — it’s merely an image that you project, says Monica Zent, founder and CEO of Foxwordy Inc.

  • Dismissing Drug Design Defect Claims Based On Preemption

    Eric L. Alexander

    The Tennessee federal court decision in Fleming v. Janssen Pharmaceuticals serves as a good overview of the various grounds defendants use for dismissal of drug product liability claims, and the intersection of preemption and design defect claims, says Eric Alexander at Reed Smith LLP.

  • From The Partner's Desk: Tips For Recent Law Grads

    Gary M. Gansle

    One of the most prevalent complaints by associates and recent law school graduates is the lack of meaningful mentoring by more seasoned attorneys. Gary Gansle, leader of Squire Patton Boggs LLP's Northern California employment law practice, offers several tips as a light that can help junior attorneys start down the right path in their career development.