Life Sciences

  • July 6, 2015

    Endo, Impax Look To Nix Opana Pay-For-Delay Suits

    Endo Pharmaceuticals Inc. and Impax Laboratories sought Friday to dismiss proposed class actions claiming Endo paid more that $112 million to delay a generic version of painkiller Opana ER, saying the plaintiffs hadn’t stated a claim under the U.S. Supreme Court’s Actavis ruling.

  • July 6, 2015

    AstraZeneca, Cephalon Pay $54M To End Medicaid Rebate Row

    AstraZeneca LP and Cephalon Inc. have agreed to pay $46.5 million and $7.5 million, respectively, to resolve claims brought by a whistleblower in a False Claims Act suit accusing the drugmakers of knowingly underpaying for rebates owed to the Medicaid Drug Rebate Program, federal prosecutors announced on Monday.

  • July 6, 2015

    Fee Row In Bayer GMO Class Action Can Proceed, Judge Says

    A Missouri federal judge on Monday refused to dismiss claims from a dispute over fees between lawyers who represented farmers in crop contamination class action against Bayer AG, rejecting the defendants’ argument that it was their clients, and not the attorneys themselves, who benefited from shared legal services.

  • July 6, 2015

    Drug Cos. Fight Chicago's Clarification Bid After Dismissals

    Drugmakers dismissed from Chicago's suit over their allegedly dishonest marketing of opioid painkillers have told an Illinois federal court to reject the city's bid to clarify whether its amended claims in the litigation would need to identify specific consumers who received the allegedly misleading marketing.

  • July 6, 2015

    Allergan To Pay $125M For Dry Eye Medical Device Co.

    Allergan PLC announced Monday it will pay $125 million in cash for a medical device company focusing on creating new treatments for dry eye disease.

  • July 6, 2015

    AbbVie Says Reconsideration Not Needed In FTC Row

    AbbVie Inc. and others said Monday they don’t believe a recent Third Circuit ruling provides any basis for a Pennsylvania federal judge to reconsider his decision dismissing part of the Federal Trade Commission’s pay-for-delay lawsuit over testosterone drug AndroGel.

  • July 6, 2015

    Sheppard Mullin Adds Ex-Loeb & Loeb Corporate Atty

    Sheppard Mullin Richter & Hampton LLP has added a former Loeb & Loeb LLP attorney — experienced in mergers and acquisitions, IPOs and other transactions in industries including life sciences, banking, telecommunications, e-commerce and private equity — as a partner in its New York-based corporate practice group, the firm said Monday.

  • July 6, 2015

    Life Sciences Cases To Watch In The 2nd Half Of 2015

    The pharmaceutical industry is poised for important court developments involving off-label marketing, biosimilars exclusivity, False Claims Act liability and the 340B drug-discount program. Here are four cases that attorneys will be tracking closely in the second half of 2015.

  • July 6, 2015

    Deals Rumor Mill: Teva, Mylan, Philip Morris, China Network

    Teva Pharmaceutical Industries Ltd. might raise its bid to acquire rival drugmaker Mylan NV, while U.S. tobacco giant Philip Morris International Inc. plans to unload an approximately $1 billion stake in its Indonesian operations, as an investor consortium led by Morgan Stanley's private equity arm and Taiwanese phone company Far EasTone Telecommunications Co. nears a potential $2.3 billion deal to buy Taiwan's largest cable-television operator.

  • July 6, 2015

    FTC, Fla. AG Ask Judge To Stop Lifewatch Robocalls

    The Federal Trade Commission and the state of Florida on Monday asked an Illinois federal judge to immediately shut down medical monitoring device maker Lifewatch Inc.’s allegedly illegal telemarketing campaign, saying that numerous lawsuits have failed to stop the company’s deceptive tactics.

  • July 6, 2015

    5 Firms Top $300B In Deals During 1st Half Of 2015 M&A Boom

    The onslaught of activity in the world of mergers and acquisitions maintained a ravenous pace through the first half of 2015, and a number of law firms capitalized on the robust market by having a hand in more than $300 billion worth of deals apiece.

  • July 6, 2015

    Knobbe Martens Twisting Facts In DQ Row, Court Told

    Canadian medical device company Neovasc Inc. has again urged a Massachusetts federal court to disqualify U.S.-based Knobbe Martens Olson & Bear LLP from representing its rival in a patent suit, saying the firm has mischaracterized the facts of the case in an attempt to confuse the court and escape disqualification.

  • July 6, 2015

    Shire Says Fed. Circ. Misapplied Teva Deference Standard

    Shire Development LLC has asked the full bench of the Federal Circuit to review an earlier decision that overturned a patent win in the drugmaker’s favor, arguing the appellate court incorrectly applied the patent review standard recently set by the U.S. Supreme Court in Teva v. Sandoz.

  • July 6, 2015

    Gould & Ratner Nabs Loeb & Loeb Atty To Head Its IP Group

    Chicago-based Gould & Ratner LLP has brought on a former Loeb & Loeb LLP attorney who serves clients in the life sciences, technology and telecommunications industries to chair its intellectual property group and to be a partner in its litigation and business counseling and transactional practices.

  • July 6, 2015

    FDA Warns Online Drug Buyers Of Fake Generic Valium

    The U.S. Food and Drug Administration warned patients who fill presciptions online for diazepam, the generic version of anti-anxiety medication Valium, that counterfeits pills have surfaced in Central Africa that can cause acute contractions of the face, tongue and neck.

  • July 2, 2015

    White House Orders Updated GMO Rules Amid Criticism

    The White House on Thursday ordered three federal agencies to overhaul the government’s regulations on genetically modified organisms, saying current rules are excessively complex and confusing and need updating to boost public confidence in federal oversight of biotech crop products.

  • July 2, 2015

    Georgia AG Wades Into Mesh Implant Appeal In 4th Circ.

    The Georgia Attorney General weighed in on C.R. Bard's appeal in the Fourth Circuit over a $2 million jury verdict for a vaginal mesh plaintiff on Thursday, defending a law that sent three quarters of the punitive damages to the state.

  • July 2, 2015

    Health Cases To Watch In The 2nd Half Of 2015

    The second half of 2015 is shaping up as a potential litigation blockbuster for health care providers, as major developments loom in cases involving the False Claims Act, the future of crucial Affordable Care Act funding and the 340B drug-discount program. Here are six cases that attorneys will be watching closely.

  • July 2, 2015

    VC-Backed Natera Beats Expectations With $180M IPO

    Venture capital-backed Natera Inc. outshot expectations to raise $180 million in its initial public offering, pricing its shares at $18 apiece, the genetic diagnostics company said late Wednesday.

  • July 2, 2015

    J&J Beats Bid For New Trial In Philly Risperdal Case

    A Philadelphia judge declined to rehear a suit by a teenage patient who claimed the antipsychotic drug Risperdal made by Johnson & Johnson subsidiary Janssen Pharmaceuticals Inc. caused him to grow breasts in a ruling issued Tuesday.

Expert Analysis

  • Regulators Are Cracking Down On Drug Disposal

    William J. Walsh

    Given several recent environmental developments indicating greater effort by regulators to minimize the release of pharmaceutical waste, the health care industry may need to adopt new tracking and disposal methods, say William Walsh and Greg Narsh at Pepper Hamilton LLP.

  • An 'Exceptional Case' One Year After Octane: Part 2

    Timothy P. Cremen

    One year on, the U.S. Supreme Court’s Octane and Highmark decisions have drastically altered the fee-shifting landscape in patent cases, and courts have repeatedly permitted fee-shifting in cases where there are clear differences between the asserted claims and accused products, or where a patentee has ignored settled law or otherwise proceeded in bad faith, say attorneys with Paul Hastings LLP.

  • How Drug Cos. Can Minimize Risks Of 'Right To Try' Laws

    Vicki G. Norton

    With "right to try" measures that provide seriously ill patients access to experimental treatments being drafted in 40 states, drug and biologic developers have faced increasing pressure from patients and their advocates to make investigational drugs available for compassionate use. Vicki Norton of Duane Morris LLP has some advice for navigating the risks associated with allowing patients compassionate use of experimental drugs.

  • Your Advance Conflict Waiver May Be A Conflict Creator

     Daniel H. Tabak

    A recent Western District of Pennsylvania decision has carved out new ground in the already fertile fields of affiliate conflicts and advance conflict waivers by recommending that Kirkland & Ellis LLP be enjoined from representing the would-be purchaser of a Kirkland pharmaceutical client’s parent company. The court’s interpretation of the words used in the advance waiver is almost certainly not what Kirkland expected, say Daniel T... (continued)

  • An 'Exceptional Case' One Year After Octane: Part 1

    Timothy P. Cremen

    Now that we have reached the one-year anniversary of the U.S. Supreme Court's decisions on fee-shifting in patent cases, it is worth looking back at the history of fee-shifting and how the Federal Circuit and various district courts have applied Octane and Highmark, say attorneys with Paul Hastings LLP.

  • Post-Grant Challenges In Life Sciences: A Midyear Assessment

    Raymond Miller

    Inter partes reviews and post-grant reviews have only begun to affect the life sciences industries. While petitions filed by hedge fund-like entities have grabbed headlines, highlighting the law of unintended consequences of post-grant proceedings and causing uncertainty in the industry, the vast majority of IPRs have been filed by generic and branded competitors, say Raymond Miller and Nicole Stakleff of Pepper Hamilton LLP.

  • The Top 3 New Do’s And Don’ts For Law Firm Websites

    Stephan Roussan

    In legal marketing circles, there are few topics peddled about more than “hot tips” for improving your law firm’s website. Google it. You’ll find more advice than you could ever digest. However, there are larger trends in technology, culture and user behavior that are impacting firms in very significant ways and are not being talked about nearly as much as they should be, says Stephan Roussan, founder of consulting and web developm... (continued)

  • Grooming Lessons For Biotech From Abercrombie & Fitch

    Jennifer A. Kearns

    The recent U.S. Supreme Court decision in U.S. Equal Employment Opportunity Commission v. Abercrombie & Fitch Stores Inc. poses unique questions for many nonretail industries — especially biotech companies — which may require applicants to meet certain clinical or safety standards, says Jennifer Kearns at Duane Morris LLP.

  • 4 Life Science Innovations That Give Life To Patent Growth

    Kevin M. Granahan

    With a rapidly increasing and largely inelastic demand resulting from health-conscious and aging populations throughout the world and the relative availability of capital, the life sciences industry is in an enviable position regarding patent growth — especially when compared with other industries competing for revenues, say Kevin Granahan and David Magagna at Fox Rothschild LLP.

  • Your Future Tech Clients Would Like A Word With You

    Andrew E. Samuels

    Greetings from the future! Ninety-five percent of Earth’s nourishment is supplied by food trucks, the Cincinnati Bengals just won their third consecutive Super Bowl, and the latest social media craze is the “reverse selfie” (taking pictures of other people). Also, my engineering law students from the Spring 2015 semester at Ohio State are now your tech clients. Their answers to two questions back in 2015 should help you serve them ... (continued)