Life Sciences

  • July 29, 2016

    WL Gore Can't Recover Lost Profits In Stent IP Row: Judge

    A Delaware federal judge has ruled that W.L. Gore & Associates Inc. is not entitled to recover lost-profit damages estimated to exceed $100 million in its long-running patent fight over a heart stent against C.R. Bard Inc., according to a ruling unsealed Friday.

  • July 29, 2016

    Celesio, Sainsbury’s Pharmacy Deal Gets UK Approval

    The U.K. Competition and Markets Authority conditionally allowed Celesio AG’s £125 million ($163 million) takeover of Sainsbury’s Supermarkets Limited UK’s pharmacy business to move forward, saying in a statement Friday that the pharmaceutical company must sell 12 pharmacies in England and Wales for full approval.

  • July 29, 2016

    Otsuka's 'Convoluted' Logic Spurned In Abilify Maintena Row

    A D.C. federal judge on Thursday rejected Otsuka Pharmaceutical’s effort to derail a rival version of schizophrenia drug Abilify Maintena, calling its logic “convoluted” and obviously aimed at perpetually thwarting competition.

  • July 29, 2016

    Bausch & Lomb Eye Drop Patents Survive AIA Review

    The Patent Trial and Appeal Board said in final decisions Thursday that a trio of generic drugmakers had failed to show that two Bausch & Lomb Inc. patents on the eye drop medication Prolensa are invalid as obvious, upholding every claim of the patents in an inter partes review.

  • July 29, 2016

    NJ Merck Workers Suspend FLSA Suit Amid Settlement Talks

    A Fair Labor Standards Act suit launched by 26 Merck employees in New Jersey federal court, accusing the pharmaceutical giant of requiring employees to work 45 minutes before their regular shift each day without pay, was voluntarily dismissed on Friday, following notice that progress has been made in confidential settlement talks.

  • July 29, 2016

    Pair Admits To Illegal Money Moves After Meningitis Deaths

    The majority shareholder of the compounding pharmacy linked to a fatal meningitis outbreak and her husband, who owns an affiliated company, pled guilty in Boston federal court Friday to structuring bank account withdrawals to avoid reporting requirements.

  • July 29, 2016

    United Healthcare Sues Cephalon Over Provigil Pay-For-Delay

    United Healthcare Services Inc. on Thursday hit Cephalon Inc. with an antitrust suit claiming that the insurer was forced to pay for the brand name sleep disorder drug Provigil because the drugmaker struck illegal deals to delay generics and lied to the U.S. Patent and Trademark Office.

  • July 29, 2016

    Product Liability Regulation & Legislation: Midyear Report

    Among the product liability issues on the federal radar this year are a brand new law that sets a federal labeling standard for food products containing genetically modified organisms and the two recent accidents involving Tesla vehicles operating in autopilot mode. Here, Law360 examines key regulation and legislation developments that attorneys will be following for the remainder of the year and beyond.

  • July 29, 2016

    EPA Won't Rethink Bayer's Challenge To Axed Pesticide

    The U.S. Environmental Protection Agency’s appeals board on Friday declined to reconsider the EPA’s decision to cancel approval of Bayer CropScience LP and Nichino America Inc.’s pesticide flubendiamide.

  • July 29, 2016

    Health Hires: Cooley, Lowenstein, Foley Grow Life Sci Teams

    Cooley LLP has added two partners and ten patent agents and associates from Morrison & Foerster LLP to boost its life sciences patent practice group, Lowenstein Sandler LLP has snagged a former Novo Nordisk general counsel to lead its U.S. Food and Drug Administration regulatory group and a former Reed Smith LLP litigator has joined Foley & Lardner LLP as a partner.

  • July 29, 2016

    Fed. Circ. Says PTAB Was Wrong To Uphold Zoll Patent

    The Federal Circuit ruled Friday that the Patent Trial and Appeal Board incorrectly upheld many claims of a Zoll Medical Corp. patent on a wearable medical device, finding that the decision was based on a flawed claim construction in a win for challenger Respironics Inc.

  • July 29, 2016

    IK Investment Partners Sells Dutch OTC Drug Co. Vemedia

    European private equity firm IK Investment Partners has agreed to sell Dutch over-the-counter drug and food supplement provider Vemedia Group to an affiliate of London private equity shop Charterhouse Capital Partners LLP, the companies said Friday.

  • July 29, 2016

    Merck Asks Supreme Court To Hear PTAB Deference Row

    A Merck KGaA unit has asked the U.S. Supreme Court to hear a challenge to the Federal Circuit’s ruling that U.S. Patent Trial and Appeal Board decisions under the America Invents Act must be given deference on appeal, after the court invalidated four Merck dietary supplement patents.

  • July 28, 2016

    PTAB Nixes 6 Jazz Pharma Patents In AIA Reviews By Rivals

    The Patent Trial and Appeal Board handed generic drug makers a big win on Wednesday, when it ruled six patents related to Jazz Pharmaceuticals Inc.’s narcolepsy drug Xyrem were invalid because they were obvious.

  • July 28, 2016

    J&J Denied Bid For Speedy 5th Circ. Appeal In Hip MDL

    The Fifth Circuit on Thursday ruled that a Johnson & Johnson unit facing thousands of lawsuits over its hip prosthetics can't get an expedited appeal after a trial loss, just days after patients argued that the second bellwether trial was too complex and voluminous to warrant a speedy appeal.

  • July 28, 2016

    More Expert Testimony Allowed In 1st Tylenol Bellwether

    A Pennsylvania federal judge on Thursday allowed several expert witnesses to testify in the upcoming first bellwether trial in multidistrict litigation over the alleged liver damage risks of Johnson & Johnson Tylenol products on causation and regulatory issues, placing some caveats on what opinions they can offer.

  • July 28, 2016

    Bayer Beats 1,200 Suits Over Mirena IUD Injuries

    A New York federal judge on Thursday wiped out more than 1,200 suits alleging harm from Bayer Healthcare’s intrauterine device Mirena, concluding that the absence of expert testimony makes it impossible to prove that Mirena can cause injuries after insertion.

  • July 28, 2016

    Millennium Fights $5M HIPAA Coverage Loss At 9th Circ.

    Millennium Laboratories on Thursday urged the Ninth Circuit to undo a California federal judge’s decision to let its insurer off the hook for $5 million in coverage of a federal Health Insurance Portability and Accountability Act investigation, saying the ruling essentially rendered its policy meaningless and conflicted with California law.

  • July 28, 2016

    Judge Won't Change $70M Jury Verdict Against Neovasc

    A $70 million verdict against Canadian biotech firm Neovasc, which was accused of stealing patents and trade secrets from a rival device maker, will remain in place after a Massachusetts federal judge on Thursday concluded that neither side was entitled to judgment as a matter of law.

  • July 28, 2016

    SynCardia Creditors Worried Over DIP, Bidding Orders

    Unsecured creditors in the Chapter 11 case of artificial heart maker SynCardia Inc. objected Wednesday in Delaware bankruptcy court to the company’s proposed stopgap financing facility and sale process, saying the compressed timeline puts a secured lender in the driver’s seat of the case.

Expert Analysis

  • A 'Smoking Gun' In Reverse-Payment Settlements

    Thomas McGuire.jpg

    The authors of a recent Law360 guest article take issue with our interpretation that in some reverse-payment cases, a stock price jump could be so telling as to merit the label “smoking gun.” They are incorrect in theory, empirically and legally, say experts at Harvard Law School, Harvard Medical School, American University and Greylock McKinnon Associates.

  • Shedding Further Light On The FCPA Pilot Program

    Mark Mendelsohn

    The different outcomes for BK Medical and Johnson Controls in recent Foreign Corrupt Practices Act settlements suggest that the U.S. Department of Justice is serious about rewarding full cooperation as it has defined the phrase in its “pilot program,” say attorneys with Paul Weiss Rifkind Wharton & Garrison LLP.

  • Prevent Litigation From Becoming A Threat To Data Security

    Dante Stella

    Recent headline-grabbing data security incidents have shed light both on direct and collateral impacts to companies and their employees. Attorneys should take steps to ensure that their role in the conduct of litigation does not in itself lead to similarly damaging disclosures of sensitive information, say Dante Stella and Sherrie Farrell of Dykema Gossett PLLC.

  • Corporations In The Crosshairs Of Product Liability Claims

    Stephanie E. Parker

    More than in past presidential campaigns, the leading candidates have targeted American corporations, taking turns outbidding one another in appealing to anti-corporate sentiments. And the plaintiffs bar has been trying to leverage the mood across a broad front — from changes in jury selection to trial strategy to the types of claims they bring, say attorneys at Jones Day.

  • OPINION: Our Juries Are Being Circumvented

    Suja A. Thomas.jpg

    The Freddie Gray case and the U.S. Supreme Court ruling regarding former Virginia Governor Robert McDonnell demonstrate how the government replaces juries, eliminating an important community decision maker and a check on governmental power, says Professor Suja Thomas of the University of Illinois College of Law.

  • The Internet Of Health Things: Privacy And Security Issues

    Kimberly C. Metzger

    While "internet of health things" devices share many privacy and security concerns with their smart kin, other issues are heightened by — or unique to — the health care environment and the sensitive nature of health data, says Kimberly Metzger at Ice Miller LLP.

  • Legal Aid, Meet Legal Tech


    Because there will never be enough free lawyers to satisfy demand from low-income Americans, we need to leverage technology to allow the legal expertise of one lawyer to reach hundreds or thousands of clients at once, say Jonathan Petts and Rohan Pavuluri, co-founders of startup nonprofit Upsolve.

  • Recent Off-Label Device Cases Are A Road Map For The Future

    Dulce J. Foster

    Although the question of whether the government may properly use off-label speech as evidence of intent to misbrand a medical device is likely to remain unsettled for years, two recent decisions offer clues to the government’s future off-label prosecution strategies, notwithstanding how that question is resolved, says Dulce Foster at Fredrikson & Byron PA.

  • Testing The UBE: Portable But Inaccurate Bar Exam Scores

    Suzanne Darrow-Kleinhaus

    While there is not much that is new about the uniform bar exam’s components, what is new is that where you take the bar exam may make the difference between passing and failing. Half of the score depends on the strength of the applicant pool in the jurisdiction where the candidate wrote the exam, which may lead to “UBE shopping,” says Suzanne Darrow-Kleinhaus, director of bar programs at Touro Law Center.

  • Benefiting From FDA's Medical Device Risk-Benefit Guidance

    Daniel S. Wittenberg

    Medical device manufacturers should understand the U.S. Food and Drug Administration's considerations for benefit-risk assessments so they can advocate for favorable FDA decisions by using the enumerated factors to illustrate the high benefits and low risks of the company’s device, say Dan Wittenberg and Tim Scalo at Snell & Wilmer LLP.