Life Sciences

  • May 25, 2016

    Genetically Modifying Mosquitoes Could Stem Spread Of Zika

    Travel advisories, private homeowners protecting their properties, and genetic modification could help combat the spread of the Zika virus, witnesses told a U.S. House committee on Wednesday, during a hearing examining the science of the disease and the mosquito that transmits it.

  • May 25, 2016

    Theranos' Faulty Blood Tests Ripped Off Patients, Suit Says

    Theranos Inc. defrauded consumers by claiming that its blood tests were accurate and vetted by federal regulators, according to a proposed class action filed in California federal court on Wednesday.

  • May 25, 2016

    Patent Board Kills 3 Ariosa Re-Exams Of Illumina Patent

    The Patent Trial and Appeal Board ended three re-examinations of an Illumina Inc. diagnostic patent on Tuesday, finding the arguments against the patent were “substantially the same” as ones the board had already rejected. 

  • May 25, 2016

    Europe Floats Proposal On Drug Cooperation In TTIP

    The European Commission on Tuesday published its proposal for an annex to the Transatlantic Trade and Investment Partnership that would be devoted solely to working with the U.S. on drug regulations, stressing the need for faster and cheaper approval of medicines in both markets.

  • May 25, 2016

    Class Attys Want OK Of $1B Deal To End Vioxx Marketing Row

    Class attorneys for Merck & Co. Inc. shareholders that reached a $1.06 billion deal with the pharmaceutical giant to resolve multidistrict litigation over the alleged illegal marketing of Vioxx on Tuesday urged a New Jersey federal court to approve the deal, saying that only 14 individuals and no institutional investors have objected.

  • May 25, 2016

    Sanofi Tries To Boot Medivation Board In $9.3B Hostile Bid

    French drugmaker Sanofi SA made good on its promise to go hostile with its snubbed, $9.3 billion Medivation Inc. takeover offer, taking it to the mat Wednesday with the nomination of a full slate of directors to the U.S. biotech’s board.

  • May 24, 2016

    Sanofi Wants Jury Verdict Axed In Amgen Drug Patent Row

    Sanofi urged a Delaware federal judge Monday to toss a jury's verdict finding rival Amgen's cholesterol drug patents valid and order a new trial or enter judgment against Amgen in its infringement row, saying the court erred in excluding evidence and throwing out Sanofi's obviousness defense.

  • May 24, 2016

    Fed. Circ. Won't Rehear IP Row Over Container Patent

    The Federal Circuit on Tuesday declined to rehear its decision that German chemicals company Sud-Chemie AG did not infringe rival CSP Technologies Inc.'s patent covering moisture-free containers for consumer goods.

  • May 24, 2016

    AstraZeneca Says Del. Order Ends Dr. Reddy's NJ Nexium Suit

    AstraZeneca AB on Monday urged a New Jersey federal court to dismiss Dr. Reddy's Laboratories suit alleging it wrongfully blocked the generics maker from using a purple capsule for its version of Nexium, saying a Delaware federal court already decided the issue by enjoining Dr. Reddy’s use of the purple marks.

  • May 24, 2016

    Senju Settles Out Of Apotex's Pinkeye Meds Antitrust Suit

    Apotex has reached a settlement to resolve its claims against Senju Pharmaceutical in an antitrust suit accusing multiple drugmakers of trying to extend the patent for Allergan Inc.’s Zymar pinkeye treatment, according to a stipulation approved Tuesday in a Delaware federal court.

  • May 24, 2016

    Pfizer Beats FCA Suit Over Geodon Marketing

    A Massachusetts federal judge handed Pfizer a sweeping victory Monday by tossing all the remaining False Claims Act allegations in a suit over the marketing of antipsychotic Geodon.

  • May 24, 2016

    Costco Drops Antitrust Suit Against J&J Over Contact Lenses

    Costco has dropped its antitrust lawsuit tied to multidistrict litigation accusing a Johnson & Johnson unit of rigging prices for Acuvue lenses in order to stifle competition, according to a Tuesday filing in Florida federal court.

  • May 24, 2016

    Generic Drugmaker Wins Review Of UCB's Vimpat Patent

    The Patent Trial and Appeal Board on Monday accepted generic drugmaker Argentum Pharmaceuticals' petition to review a patent for UCB Inc.'s epilepsy drug Vimpat.

  • May 24, 2016

    Calif., Wash. Hit J&J With State Lawsuits Over Pelvic Mesh

    California and Washington state have both sued Johnson & Johnson for false advertising and deceptive marketing of a surgical mesh product for women, saying the company failed to inform both patients and doctors of severe potential complications, according to statements by the states’ attorneys general on Tuesday.

  • May 24, 2016

    Merck Investors Fight For American Pipe Tolling At 3rd Circ.

    A group of institutional funds on Monday urged the Third Circuit to affirm that the so-called American Pipe tolling standard preserves their misrepresentation claims over Merck’s Vytorin because their claims were originally brought under a now-settled class action filed within the five-year statutes of repose.

  • May 24, 2016

    PTAB Won't Review Suboxone IP After Teva Misses Deadline

    Teva Pharmaceuticals was too late to challenge two Suboxone patents, the Patent Trial and Appeal Board ruled Monday, despite the drugmaker’s claim that technical issues with the board’s online filing system delayed its petitions.

  • May 24, 2016

    Bayer Rips Probiotic Class's Use Of 'Rhetoric, Not Evidence'

    A putative class of customers who say Bayer HealthCare LLC lied about the health benefits of its digestive supplements hasn’t proven that any statements were actually false, the company told a New Jersey federal judge Friday, seeking a quick end to the suit.

  • May 24, 2016

    FDA Warning Wire: Suspect Data, Bakery Bugs, Faulty Tests

    This week’s roundup of U.S. Food and Drug Administration enforcement includes suspicious data collection by drugmakers in Germany and China, a bug bonanza at a bakery in Ohio and "repeated complaints" targeting a popular blood test. Here’s a look at the latest discipline.

  • May 24, 2016

    Fenwick To Launch NYC Office With West Coast Partners

    Fenwick & West LLP is opening an office in New York, its first U.S. foray off the West Coast, and staffing the location with six partners, including a recent hire from Drinker Biddle & Reath LLP with expertise in patents, transactional law, private equity and working with startups, the firm said on Tuesday.

  • May 24, 2016

    Medtronic Can't Shake FCA Kickback Claims

    A Massachusetts federal judge said Monday he would let most of a False Claims Act suit against Medtronic Inc. go through, including allegations of kickbacks and whistleblower retaliation, but dismissed claims regarding improper off-label promotion.

Expert Analysis

  • An FCA Update As We Await High Court's Escobar Decision

    Brad Robertson

    The federal False Claims Act may soon be reshaped. With a case pending before the U.S. Supreme Court on the controversial theory of implied false certification, a pair of interesting cases in the Second Circuit and a recent House Judiciary Subcommittee raising issues of FCA reform, the law may face changes in text or interpretation, say attorneys with Bradley Arant Boult Cummings LLP.

  • Calif. Asbestos Case Opens Door For Shaky Expert Opinions

    Thomas A. Manakides

    While the California Court of Appeal's holding in Davis v. Honeywell can and should be limited to the specific facts and expert testimony in that case, the decision serves as a warning that courts may not always vigorously enforce their responsibility to screen expert opinions, which could open the door for plaintiffs in asbestos cases to depend on testimony that may not be entirely reliable, say attorneys at Gibson Dunn & Crutcher LLP.

  • Panama Papers: Reminders About Law Firm Cybersecurity

    Sean Doherty

    Nowhere is the attractiveness of law firms as cybercrime targets more evident than the recent Mossack Fonseca hack, believed to be the most significant data theft event in history. Firms represent a treasure trove of information and historically have had dreadful cybersecurity practices. There has been some progress, but firms can also commit to better defending their information by taking a simple, three-step approach, says Sean D... (continued)

  • In Congress: Defense Bill, TSCA Reform, Authority Over DC

    Richard A. Hertling

    In a busy lead-up to the Memorial Day recess, this week is likely to showcase instances in which Congress has been able to come together and enact important legislation and those in which contentious partisan and ideological divides are on display, say Richard Hertling and Zephanie Custer of Covington & Burling LLP.

  • OPINION: Sotomayor's Solution To Pro Bono Is Incomplete

    David A. Lash

    In calling for mandatory pro bono service, U.S. Supreme Court Justice Sonia Sotomayor is effectively using her bully pulpit to advance the cause of access to justice for the poor. Her courageous leadership is a clarion call to action that must be heeded. But bold as it may be, the pronouncement is incomplete, says David Lash, managing counsel for pro bono at O’Melveny & Myers LLP and a member of the Association of Pro Bono Counsel.

  • Creating Barclay Damon: Lessons From A Law Firm Merger

    John P. Langan

    Joining two firms with long histories meant not only combining cultures, philosophies and deeply rooted ways of doing business, but also combining two IT systems, two accounting systems, and two ways of handling many other administrative functions. It didn't help that the firms had different fiscal year ends, says John Langan, managing partner of Barclay Damon LLP.

  • Reflecting On The 20th Anniversary Of BMW V. Gore

    Andrew Frey

    On May 20, 1996, the U.S. Supreme Court held that a $2 million punitive damages award imposed for a tort that caused $4,000 in economic harm was unconstitutionally excessive. In the ensuing 20 years, BMW v. Gore has proved to be a foundational case in punitive damages jurisprudence. We were fortunate enough to have played a role in this historic decision, say Mayer Brown LLP partners Andrew Frey and Evan Tager and Maserati North Am... (continued)

  • Corporate Counsel: Consumer Becomes Provider (The Sequel)

    Mark A. Cohen

    Last week, we discussed why corporate legal departments are taking on so much more work themselves instead of outsourcing it to law firms. This is, of course, an ominous sign for law firms and the traditional partnership structure. So too is disaggregation and the emergence of legal service providers as well as others — notably the Big Four — poised to enter the gargantuan legal services market, says Mark A. Cohen of Legal Mosaic LLC.

  • Still Some Gaps In FDA 3-D Printed Medical Device Guidance

    Matthew D. Jacobson

    The U.S. Food and Drug Administration's recent draft guidance on 3-D printing of medical devices shows the FDA's evolving stance on 3-D printed medical device regulation, but does not address bioprinting, and does not resolve the significant regulatory issues associated with point-of-care manufacturing, say Matthew Jacobson and Kevin Madagan at Reed Smith LLP.

  • High Court Is Lost In The Woods With The Laws Of Nature

    David S. VanVliet

    The current framework for determining patentability — the two-step process described in Alice — should be discarded based on the Constitution and the U.S. Supreme Court’s own adoption of the canons of statutory construction. Ariosa v. Sequenom has a cert petition pending and is the court's opportunity to get back on the right path, says David VanVliet of Armstrong Teasdale LLP.