Life Sciences

  • February 27, 2015

    Public Cos. Fill Week’s IPO Void With Follow-On Offerings

    Not a single company launched an initial public offering during the final week of February, but already-public companies filled the void with nearly $5.2 billion worth of follow-on offerings priced, as a handful of drugmakers targeted capital for operations and acquisitions and a retailer charted an exit for its private equity backers.

  • February 27, 2015

    8th Circ. Revives Fraud Claim In Blood Patent License Beef

    The Eighth Circuit ruled Friday that Safeblood Technologies Inc. must face fraud claims brought by two patent licensees, saying they were not required to investigate the status of the licensed patent, even though the information was publicly available, unless it was obvious they were being duped.

  • February 27, 2015

    Fed. Circ. Won't Rehear Promega, Life Tech IP Dispute

    The Federal Circuit shot down on Thursday dueling petitions by Promega Corp. and Life Technologies Corp., which each sought to have the appellate court review its ruling that reversed an order vacating Promega’s $52 million win in a patent and licensing dispute over gene-testing technology.

  • February 27, 2015

    Texas Judge Dismisses Fen-Phen Conspiracy Suit As SLAPP

    A Houston judge this week dismissed a lawsuit filed by the law firm Fleming Nolen & Jez LLP under the state's anti-strategic lawsuit against public participation statute, after it alleged two other Houston firms and five attorneys conspired to intimidate and harass the managing partner into settling fen-phen diet drug related litigation.

  • February 27, 2015

    Apple Still Top IP Target, But Pharma Takes More Fire

    Although technology giants such as Apple Inc. and Inc. still dominate the list of most-named defendants in intellectual property lawsuits, an uptick in patent litigation between pharmaceutical companies has pulled generic heavyweights like Actavis Inc. and Mylan Pharmaceuticals Inc. into the top ranks of companies most frequently targeted by a patent suit in 2014, an analysis by Law360 shows.

  • February 27, 2015

    February M&A Confirms Big Pharma Deals Still In Vogue

    Big Pharma bookended February deal-making with two of the biggest transactions of 2015 to date, extending an impressive run in the marketplace that traces back a full year and shows few signs of stopping.

  • February 27, 2015

    Actavis Fights For Earlier 2nd Circ. Date In Antitrust Suit

    Actavis PLC urged the Second Circuit Thursday to hear its appeal of an injunction forcing the company to continue making an older version of dementia treatment Namenda by mid-March, saying the May oral arguments date the clerk's office proposed would be too late to protect its rights for the drug.

  • February 27, 2015

    SEC Settles With Japanese Banker In $2B Olympus Scandal

    The U.S. Securities and Exchange Commission said Friday it has reached a settlement with a Japanese broker alleged to have been involved in the $2 billion fraud scandal that hit camera and medical device maker Olympus Corp. in 2011 over exorbitant advisory fees paid on costly acquisitions, agreeing to drop the case in exchange for his withdrawal from the securities industry.

  • February 27, 2015

    Taxation With Representation: Sullivan, Latham, Cravath

    In this week’s Taxation With Representation, Valeant is successful in its bid to create a pharmaceutical behemoth, two metal producers combine to form a trans-Atlantic mining giant, and a Spanish utility grows in the U.S. with help from a couple of Cravath tax attorneys.

  • February 27, 2015

    Nikon Latest Japan Biz To Go Abroad With $400M Optos Buy

    Nikon Corp. said Friday it would pay $400 million for British retinal-imaging company Optos PLC in the second deal in recent weeks by a Japanese camera maker looking to use a big-ticket transaction to expand its reach abroad.

  • February 27, 2015

    Malin Biotech IPO To Raise Up To $365M For Acquisitions

    Malin — an Irish company formed to acquire assets in the fast-growing life sciences industry — is planning an initial public offering on the London Stock Exchange that would raise €275 million to €325 million ($308.4 million to $364.4 million), according to a notice filed on Friday.

  • February 26, 2015

    Target Hit With Class Action In Calif. Over Supplements

    A Target Corp. herbal supplement buyer slammed the retailer with a putative class action in California federal court Wednesday alleging it violated false advertising laws by selling store-branded Up & Up supplements like St. John's wort that contained no trace of the key ingredients listed on the labels.

  • February 26, 2015

    Brain Tumor Drug Developer Celldex Prices $174M Offering

    Celldex Therapeutics Inc. is looking to raise $174 million in an underwritten stock offering that the biotechnology company priced at $24 per share Thursday as the company looks to capitalize on the U.S. Food and Drug Administration greenlighting its brain tumor therapy.

  • February 26, 2015

    PhRMA Seeks Quick Win In 340B Orphan Drug Suit

    Pharmaceutical Research and Manufacturers of America on Wednesday urged a D.C. federal judge to ax a regulation involving discounts for orphan drugs, setting the stage for an important decision on the 340B program’s future.

  • February 26, 2015

    Fed. Circ. Rejects Challenge To Patent Term Adjustments

    The Federal Circuit on Thursday pulled the plug on a biopharmaceutical company’s challenge of the way the United States Patent and Trademark Office calculates patent term adjustments, saying term reductions are applicable whether or not a delay actually occurred.

  • February 26, 2015

    Deals Rumor Mill: Enel, Atkins, Terra Firma

    Italy has reportedly agreed to sell a 5.74 percent stake in state-owned energy utility Enel for $2.5 billion, while Atkins Nutritional, creator of the low-carb diet program, is on the chopping block and could fetch upwards of $1 billion.

  • February 26, 2015

    St. Jude Medical Puts Up $50M To Settle Investor Suit

    St. Jude Medical Inc. reached a proposed $50 million settlement in an investor suit alleging the company artificially inflated its third-quarter 2009 earnings, with class counsel asking a Minnesota federal judge Thursday to approve the resolution.

  • February 26, 2015

    Shire Hits Par With Patent Suit Over Generic Adderall

    Shire LLC slapped rival Par Pharmaceutical Inc. on Thursday with a patent infringement suit in New Jersey federal court over Par's application to market a generic version of Shire's attention deficit hyperactivity disorder medication Adderall XR.

  • February 26, 2015

    Dearth of Evidence Dooms False Ad Suits Against HGH Cos.

    A California federal judge has ousted two proposed class actions accusing life science companies Novex Biotech LLC and SanMedica International LLC of selling human growth hormones that don’t live up to their promised benefits, ruling Wednesday that the lead plaintiffs presented no evidence to disprove the benefits' existence.

  • February 26, 2015

    J&J Units Look To Ditch Sunscreen SPF Labeling Claims

    Two Johnson & Johnson units urged a Florida federal court Wednesday to trim claims from a putative class action claiming it duped consumers about the efficacy of its high-SPF sunscreens, saying the plaintiff has admitted she can't remember reading the allegedly misleading statement.

Expert Analysis

  • 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.

  • This Week In Congress: Avoiding A DHS Funding Showdown

    Richard A. Hertling

    One major change in the debate over U.S. Department of Homeland Security funding — which expires this Friday — is that a Texas federal district judge has issued an injunction against the Obama administration’s immigration policy, essentially putting it on hold. This may be an opportunity for the Senate to avoid the policy riders and pass a clean funding bill, says Richard Hertling and Kaitlyn McClure of Covington & Burling LLP.

  • In-House Counsel's Dirty 'Little' Secret: Data Leakage

    Jennifer Topper

    Not every data breach is a massive headline-grabbing theft of consumer credit card information. As significant as these events may seem, the more dangerous and prevalent threats are the least visible — occurring through "data leakage." Put simply, this is raw meat awaiting a strike by the plaintiff’s bar, says legal industry adviser Jennifer Topper.

  • Takeaways From NY's Dietary Supplement Investigation

    Matthew J. Kelly Jr.

    Two takeaways from New York Attorney General Eric Schneiderman's recent investigation into retail dietary supplements are that there is a danger unproven science can be used to attack a company's stores and public image and that retailers should keep track of their suppliers, which includes making sure testing records called for in any sales contract are current, say attorneys at Schnader Harrison Segal & Lewis LLP.

  • This Week In Congress: DHS Funding Looms In Recess

    Richard A. Hertling

    With the House and Senate in recess until Feb. 23, a number of issues compete for priority upon their return — including a possible vote to overturn President Obama’s anticipated Keystone Pipeline veto, nominations for U.S. Attorney General and head of the USPTO, the FCC's net neutrality rules, and an imminent deadline for Department of Homeland Security funding, say Richard Hertling and Kaitlyn McClure of Covington & Burling LLP.

  • Curbing Contingency Fee Arrangements With State AGs

    Zia C. Oatley

    Despite being a relatively recent innovation, the use of contingent fee counsel has become a prevalent tool for state and county attorneys general. Given the lack of success of legal challenges to such arrangements, state legislation aimed at curbing their abuses appears to be the best way of limiting them, says Zia Oatley of Gibson Dunn & Crutcher LLP.