Life Sciences

  • March 6, 2015

    FTC Orders Divestitures In Impax's $700M CorePharma Buy

    Impax Laboratories Inc. and private equity-owned CorePharma LLC agreed to sell CorePharma’s rights to two generic drugs in order to settle Federal Trade Commission charges that Impax’s $700 million proposed buyout of CorePharma would likely be anti-competitive, the FTC said Friday.

  • March 6, 2015

    Pharm Co. Plans to Appeal Class Cert. In Antitrust MDL

    The First Circuit will hear Astellas Pharma US LLC’s appeal of a judge’s decision to partially certify a class of consumers and companies in multidistrict antitrust litigation accusing it of delaying entry of a generic form of its immunosuppressant Prograf, according to court filings.

  • March 6, 2015

    March Starts Quietly With 2 IPOs, But Forecast Still Strong

    Only two companies — a digital ad platform and a venture capital-backed biopharmaceutical company — priced initial public offerings during the first week of March, marking another slow week as IPO activity continues to lag behind the impressive start recorded in 2014, but experts remain confident that a strong year is ahead.

  • March 6, 2015

    Contact Lens Pricing Suits To Test Landmark Leegin Case

    A flurry of lawsuits alleging the contact lens industry has conspired to keep consumer prices artificially high are poised to test whether allegations of so-called resale price maintenance remain viable following the U.S. Supreme Court's landmark Leegin decision and may draw the attention of government regulators, experts say.

  • March 6, 2015

    Taxation With Representation: Wachtell, Gibson, Baker

    In this week's Taxation With Representation, AbbVie makes a major buy with help from a Wachtell tax attorney, while Hewlett Packard scoops up a mobile technology business, and Johnson & Johnson considers a proposal to buy its vascular technology unit.

  • March 6, 2015

    3rd Circ. Declines To Hear Mylan, Celgene Antitrust Fight

    The Third Circuit on Thursday rejected Celgene Corp.'s bid for an immediate review of a New Jersey federal judge's decision not to toss Mylan Pharmaceuticals Inc.'s antitrust suit accusing Celgene of gaming federal drug safety measures to block lower-priced generic versions of its blockbuster cancer drugs Thalomid and Revlimid.

  • March 6, 2015

    Genentech Blood Cancer IP Not Double-Patented, Judge Rules

    A California federal judge declined to invalidate two Genentech Inc. patents covering biotechnology used to make drugs for cancer and autoimmune diseases, ruling Thursday that Eli Lilly and Co.’s arguments that the method was double-patented were unpersuasive.

  • March 6, 2015

    J&J Unit Urges Fed. Circ. To Revive Covidien Patent Suit

    A Johnson & Johnson unit told a Federal Circuit panel Friday its surgical tool patent infringement suit against Covidien PLC should get a new lease on life, saying its patent has specified limitations and is not indefinitely broad.

  • March 6, 2015

    TWi Tells Fed. Circ. Takeda's Dexilant Patent Claims Are Invalid

    TWi Pharmaceuticals Inc. pressed the Federal Circuit on Friday to revive its generic version of Takeda Pharmaceutical Co. Ltd.’s acid reflux medicine Dexilant, arguing that Takeda's patent claims for the drug are invalid in light of a previously issued patent.

  • March 6, 2015

    Developer Must Face Pisgah’s $100M Anti-Abuse Vicodin Suit

    A federal judge kept developer Mikart Inc. on the hook for allegedly costing Pisgah Laboratories Inc. $100 million in lost profits by not performing on a contract to develop an anti-abuse version of Vicodin, ruling Thursday that Pisgah presented enough evidence to overcome the dismissal motion.

  • March 6, 2015

    FDA Approves 1st Biosimilar But Punts On Naming Guidance

    The U.S. Food and Drug Administration announced Friday it had approved Sandoz Inc.’s Zarxio, a copycat of Amgen Inc.’s anti-infection drug Neupogen, marking the first biosimilar allowed for use in the U.S., although it did not release its long-awaited guidance on naming such products.

  • March 5, 2015

    Suspect In MLB Doping Scandal Moves To DQ Atty

    An alleged co-conspirator in the Major League Baseball doping scandal asked a Florida federal judge Wednesday to disqualify counsel for convicted ringleader Anthony Bosch from also representing her husband and his law firm as they face accusations of improperly funneling money to Bosch while he was being investigated by MLB.

  • March 5, 2015

    5 Tricky Questions To Test Your Drug-Label Law Savvy

    Generic-drug labels have become hugely controversial since landmark Supreme Court rulings in Mensing and Bartlett that have shielded generic-drug makers from many forms of injury claims, but some plaintiffs attorneys have nonetheless managed to find some wiggle room for recourse. Here are five questions to test how much you know about the drug labeling landscape.

  • March 5, 2015

    J&J, Ethicon Hit For $5.7M In Calif. Pelvic Mesh Trial

    A California jury on Thursday saddled Johnson & Johnson’s Ethicon Inc. unit with a $5.7 million verdict, siding with a woman who claimed her doctor had given her an older, heavier version of a pelvic mesh product that will cause her a lifetime of pain.

  • March 5, 2015

    Bard Tells Fed. Circ. Not To Eye Willfulness In $1B IP Case

    C.R. Bard Inc. urged the Federal Circuit on Wednesday to reject W.L. Gore & Associates Inc.'s request that the full court reconsider the standard of review for willful infringement, saying that en banc review could not change a ruling that Gore owes Bard more than $1 billion in damages.

  • March 5, 2015

    Akorn Hid Delays Integrating VersaPharm, Shareholder Says

    Akorn Inc. failed to disclose it was lagging in integrating VersaPharm Inc. and another newly acquired subsidiary into its accounting system, artificially inflating the market price of its securities, an Akorn shareholder alleged in a securities lawsuit filed in Illinois federal court Wednesday.

  • March 5, 2015

    Martek Escapes Injunction In Baby Formula Antitrust Suit

    A Maryland federal judge on Wednesday closed the book on a long-running antitrust suit accusing Martek Biosciences Corp. of preventing a Belgian rival from entering the U.S. market for baby formula additives, a year after “an error of law” revived a portion of the suit.

  • March 5, 2015

    Paul Hastings Hires Co-Head Of Fried Frank's M&A Practice

    Paul Hastings LLP snagged a Fried Frank Harris Shriver & Jacobson LLP mergers and acquisitions partner with experience working on health care megamergers and private equity investments to chair its M&A practice in New York, the firm said on Thursday.

  • March 5, 2015

    Walgreens, Safeway Want To Join Lidoderm MDL

    Walgreens Co., The Kroger Co. and other grocery stores sought to enter the Lidoderm pay-for-delay multidistrict litigation in California federal court, accusing Endo Pharmaceuticals Inc. and Teikoku Seiyaku Co. Ltd. of paying at least $266 million to delay generic versions of the pain patch.

  • March 5, 2015

    USTR Prods 'Notorious' Piracy Markets To Reform

    U.S. trade officials on Thursday unveiled their updated global list of the most egregious alleged violators of copyrights and trademarks, calling on the operators of these “notorious markets” to cease the commercial-scale piracy that has ravaged U.S. producers in the media, apparel and pharmaceutical industries.

Expert Analysis

  • The Daimler Confusion And Its Impact On ANDA Litigation

    Paul Ainsworth

    Two recent Delaware decisions make clear that the “old” Hatch-Waxman jurisdictional tack will not work after Daimler, but they also set out a framework for establishing personal jurisdiction over a foreign defendant, say Paul Ainsworth and Joshua Miller of Sterne Kessler Goldstein & Fox PLLC.

  • A Riegel Analysis From The Great Northwest

    James L. Nelson

    Herrnandez v. Stryker Corp. is one of the few opinions from the district courts of Washington to weigh in on medical device preemption under Riegel v. Medtronic. The opinion adds to a favorable line of defense cases holding that a plaintiff cannot merely allege violations of current good manufacturing practices in order to circumvent Riegel preemption, says James Nelson of Sedgwick LLP.

  • Law Firm Tensions Mount In Africa — What Does It Mean?

    Steve Blundell

    Tensions are perhaps inevitable in a fast-growing market such as Africa where international law firms are gearing up for a greater level of market entry, and where the independent firms remain highly reliant on referrals from these same firms. But the questions facing both types of firms go to the heart of short-term expedient versus long-term strategy, says Steve Blundell of Redstone Consultants.

  • How Mayo, Myriad And Alice May Impact Patent Valuations

    Sean Sheridan

    Some patents may clearly be identified by a patent holder’s intellectual property counsel as being invalid in light of the U.S. Supreme Court decisions in Mayo, Myriad or Alice, but many of these patents are likely to fall in a gray area, says Sean Sheridan of Charles River Associates.

  • The FDA's Vision For Medical Devices Is Coming To Life

    James S. Cohen

    While the U.S. Food and Drug Administration has historically struggled to articulate a clear regulatory policy for health information technology, the FDA's final guidance on medical device data systems, medical image storage devices and medical image communications devices is the latest in a line of recent publications seeking to outline the agency's enforcement priorities for health IT, say James Cohen and Michael Ryan of McDermot... (continued)

  • Dropped Herbalife Insider Case Leaves Questions Unanswered

    Jonathan R. Tuttle

    The dismissal of a U.S. Securities and Exchange Commission action against Jordan Peixoto — alleged to have traded on material nonpublic information relating to Herbalife Ltd. — means that the validity of a novel insider trading theory and the use of administrative actions in these types of enforcement proceedings remains unsettled for now, say attorneys with Debevoise & Plimpton LLP.

  • Teva May Have Little Impact On Claim Construction Appeals

    Kristoffer Leftwich

    In Teva Pharmaceuticals USA Inc. v. Sandoz Inc., the U.S. Supreme Court held that the Federal Circuit must apply a “clear error” standard of review to factual determinations underlying a claim construction ruling, but it is not clear to what extent the decision will, in practice, affect the outcome in claim construction appeals, says Kristoffer Leftwich of Sidley Austin LLP.

  • When Customers And FCA Whistleblowers Collide

    Nancy E. Harris

    An employee claiming she has discovered wrongdoing at her company and then seeking compensation or claiming protection as a whistleblower is an evermore common risk that every business must be prepared to address. But what happens when the whistleblower reports fraud against the government by an important business customer but no wrongdoing by the company? asks Nancy Harris of Orrick Herrington & Sutcliffe LLP.

  • Plaintiffs Look Beyond Labels And Toward Product Testing

    James P. Muehlberger

    Food and nutraceutical companies are increasingly facing a new type of purported class action, one where plaintiffs arrive armed with results from alleged product testing. Knowing how to respond to a product testing claim is vital, particularly now with product testing websites and crowdfunded research, say James Muehlberger and Jeff Lingwall of Shook Hardy & Bacon LLP.

  • Allergan Fuels Tension Over Schedule 13D Disclosure

    Jonathan R. Tuttle

    An unresolved question that was brought into sharper relief in the Allergan Inc. takeover battle is whether the 10-day initial filing requirement for Schedule 13D filings should be shortened. Although not necessarily implicated in this case, critiques of the current beneficial ownership regime have focused on the use of derivatives to sidestep the Schedule 13D reporting requirements, say attorneys with Debevoise & Plimpton LLP.