Allergan Inc. said Tuesday it will hold a special meeting on Dec. 18 where shareholders can vote on a proposed board overhaul, part of a $53 billion takeover bid by Valeant Pharmaceuticals International Inc., and will seek an order blocking Valeant, investor Bill Ackman and Ackman's hedge fund from voting their shares.
A Salix Pharmaceuticals Ltd. investor launched a putative class action Tuesday claiming Salix's proposed $2.7 billion merger with the Irish operations of Cosmo Pharmaceuticals SpA will allow the company to seek tax shelter in Ireland while shareholders will wind up paying a stiffer tax bill.
A Texas appeals court said Tuesday that the Branch Law Firm LLP failed to prove that a former associate is contractually bound to arbitrate his claim for millions of dollars in attorneys' fees he said he’s owed from a settlement with GlaxoSmithKline LLC over its development and marketing of Avandia.
Virtus Pharmaceuticals LLC and Nestle's Pamlab Inc. agreed on Tuesday to settle a suit accusing Virtus of unfair competition and false advertising over certain prescription vitamin B products, according to documents filed in Florida federal court.
Venture capital-backed Zosano Pharma Inc., the only company expected to brave an entry in the public markets this week, postponed its initial public offering plans Tuesday, but could revive its efforts in September when activity kicks back up, IPO investment firm Renaissance Capital said.
Teva Pharmaceuticals USA Inc. on Tuesday urged the Federal Circuit to reject Bristol-Myers Squibb Co.'s bid for en banc rehearing of a decision invalidating the patent on its hepatitis B drug Baraclude as obvious, saying that Bristol-Myers' position "flies in the face" of settled law on obviousness.
The U.S. Food and Drug Administration on Tuesday fleshed out its policies on replying to inquiries from generic-drug makers about upcoming approval applications, aiming to clarify its approach as new timelines for responding are set to take effect.
A Delaware Chancery Court judge declined Monday to close a consolidated shareholder class action challenging Astex Pharmaceuticals Inc.'s planned $886 million buyout by Japanese drugmaker Otsuka Holdings Co. Ltd., saying the parties failed to notify remaining class members that the plaintiffs dropped the case and were divvying up attorneys’ fees.
The Third Circuit on Tuesday refused to revive Ferring Pharmaceuticals Inc.'s suit accusing Watson Pharmaceuticals Inc. of making false and misleading statements about Ferring's fertility drug, finding insufficient evidence that a drug advertising campaign with allegedly inaccurate effectiveness claims would inflict irreparable harm.
A Missouri appeals court on Tuesday revived allegations by two women that generic Reglan manufacturers failed to warn of the risks associated with the drug's long-term use, finding that the generic defendants failed to update their warning labels and that the claim is not preempted.
A California judge on Tuesday sent to arbitration dental implant maker Sargon Enterprises Inc.'s malpractice suit alleging Browne George Ross LLP blew its shot at millions in a breach-of-contract fight, rejecting Sargon’s argument that the arbitration deal was invalidated by Browne George's involvement in Dreier LLP's dissolution.
The North American Free Trade Agreement's arbitration tribunal on Tuesday rejected a $520 million Canadian pharmaceutical company's complaint that the U.S. Food and Drug Administration violated the treaty by forbidding the import of drugs from two of the company's main Ontario factories, the pharmaceutical maker said Tuesday.
A Maryland federal judge on Tuesday amended a temporary restraining order that would have required Mylan Inc. and Par Sterile Products LLC to recall their generic versions of Hospira Inc.'s blockbuster sedative Precedex, saying he realized his initial decision went too far.
A mandatory cooling-off period that prohibited Pfizer Inc. from making a fresh offer for British rival AstraZeneca PLC expired on Tuesday, but neither company showed any movement toward the bargaining table despite a swirl of speculation hanging over the drugmakers.
Zimmer Inc. urged an Illinois federal judge on Monday to sanction the plaintiffs’ attorneys in three suits in multidistrict litigation over the company’s knee implants, arguing they failed to produce expert reports and didn’t inform the company that they didn’t intend to take the cases to trial.
Drugmakers Teva Pharmaceutical Industries Ltd. and AstraZeneca PLC on Monday asked a Massachusetts federal judge to toss claims that Teva purposely delayed marketing a generic version of Nexium by two years, saying the judge’s recent rulings blow a hole in a class of drug buyers’ antitrust suit against the companies.
Johnson & Johnson cardiac device unit Biosense Webster Inc. urged a California federal judge to toss a suit brought by a former sales representative and her new employer over Biosense's application of a noncompetition agreement, arguing Monday that with the former employee's claims dismissed, the suit should be as well.
A Federal Circuit panel on Monday rejected Zoll Lifecor Corp.’s attempts to invalidate eight Philips Electronics North America Corp. defibrillator patents, ruling that it only had the power to review U.S. Patent and Trademark Office decisions made on the merits, not to overturn decisions declining inter partes review.
Actavis Elizabeth LLC is barred from producing and selling a generic version of timed-release Gralise after a New Jersey federal judge found that Actavis infringed several Depomed Inc. patents on the neuropathic pain medication, according to a ruling unsealed Monday following a seven-day bench trial in May.
Virtus Pharmaceuticals LLC sought a mistrial Sunday in its unfair competition and false advertising dispute with Nestle's Pamlab Inc. over certain prescription vitamin B products, arguing that the evidence Pamlab had presented about Virtus' product testing was irrelevant to their dispute.
While some will debate whether the Federal Circuit’s holding in Gilead Sciences Inc. v. Natco Pharma Ltd. is an expansion of obviousness-type double patenting or a redefinition of how patents qualify for ODP post-URAA, the decision seems to conflict with recent Federal Circuit opinions having similar facts, say Carl Morales and Samuel Abrams of Dechert LLP.
Thanks to the Leahy-Smith America Invents Act, there are now a variety of ways to challenge the validity of a U.S. patent and, while it can be difficult to develop a strategy against biological/pharmaceutical patents, there is some conventional wisdom beginning to emerge, says William Haulbrook of Choate Hall & Stewart LLP.
The Federal Trade Commission has increasingly challenged conditional pricing practices, but without articulating a bright-line rule. Practitioners should always consider whether the economic realities of a client’s industry lends itself to one analysis over the other, say attorneys with Ballard Spahr LLP.
A more thorough understanding of the Federal Circuit's decision in Gilead Sciences Inc. v. Natco Pharma Ltd. can assist patent practitioners and their clients in identifying current and future obviousness-type double-patenting situations not previously envisioned, say Carl Morales and Samuel Abrams of Dechert LLP.
Gnosis SpA v. South Alabama Medical Science Foundation and Gnosis SpA v. Merck & Cie, among other cases, represent the tipping point for the inter partes review process, making it the default, go-to option for pharmaceutical-related patent cases, says Joseph Cwik of Husch Blackwell LLP.
A recently issued opinion from the U.S. Department of Health and Human Services' Office of Inspector General assented to a drug manufacturer’s online discount program for branded drugs, making discount and referral arrangements less likely to raise concerns when they avoid federal reimbursement systems, say Stephanie Trunk and Brian Schneider of Arent Fox LLP.
"If you follow the philosophy of saving everything you're just multiplying exponentially the costs and risks of litigation and investigations," says Robert Owen, partner in charge of Sutherland Asbill & Brennan LLP's New York office and president of the Electronic Discovery Institute.
For companies with global operations, the Second Circuit's recent decision in Liu v. Siemens AG should provide at least some level of comfort that allegations by foreign employees regarding conduct exclusively outside the United States are outside the reach of Dodd-Frank’s anti-retaliation provision, say attorneys with Debevoise & Plimpton LLP.
In Endo Pharmaceuticals Inc. v. Amneal Pharms Inc., a New York federal court recently rejected an attempt by generic defendants to prevent litigation counsel for the innovator company from participating in related inter partes review proceedings, absent explicit language in a protective order. This issue will continue to arise unless care is exercised in negotiating protective orders, say Bruce Wexler and Jason Christiansen of Paul Hastings LLP.
The portable nature of intellectual property allows it to be readily structured in jurisdictions such as the Cayman Islands or Ireland to maximize returns. Whether a particular jurisdiction is well suited for the IP requires analysis of where the IP is to be sold or licensed in the future and how any returns from such activities are to be treated, say Ramesh Maharaj and Petrina Smyth of Walkers Global.