Life Sciences

  • August 22, 2014

    Judge Won't Toss GSK IP Suit After High Court's Alice Ruling

    A North Carolina federal judge on Friday ruled that the U.S. Supreme Court's Alice Corp. decision doesn't preclude Genetic Technologies Ltd.'s suit accusing GlaxoSmithKline LLC of infringing its patents for technology using DNA in genetic analysis.

  • August 22, 2014

    Bristol-Myers, Otsuka Hit With Failure-To-Warn Suit For Abilify

    A New York user of the antipsychotic Abilify accused Bristol-Myers Squibb Co. and Otsuka American Pharmaceutical Inc. in New York court of failing to warn doctors that the drug makes children nearly 10 times more likely to develop adult-onset diabetes.

  • August 22, 2014

    3 Companies Join IPO Pipeline As 1 Withdraws, 2 Delay

    Three companies — an asset manager, a blank check company and a private equity-backed automotive coatings business — filed for initial public offerings this week, while a grocery chain withdrew its plans and an insurance policy holder and a biotech firm again delayed their debuts as a slow August winds down.

  • August 22, 2014

    Corning Doesn’t Infringe DSM Fiber Optics Patents, Suit Says

    Materials science company Corning Inc. sued two Royal DSM subsidiaries in Delaware federal court on Thursday, seeking to invalidate several DSM fiber optics patents that Corning says its longtime supplier has accused it of violating.

  • August 22, 2014

    Sandoz Denied Prosecution Bar In Cardene Patent Row

    A New Jersey federal judge on Thursday denied Sandoz Inc. a patent prosecution bar in a suit alleging the company infringed four Chiesi USA Inc. patents for a ready-to-use version of its intravenous high blood pressure drug Cardene, saying that Sandoz had failed to demonstrate cause for imposing the restriction.

  • August 22, 2014

    Brand Battles: Sherlock Holmes, Seattle Seahawks, The Hobbit

    In Law360's latest roundup of new actions at the Trademark Trial and Appeal Board, the fight over the intellectual property for "Sherlock Holmes" rages on, the Seattle Seahawks get ready for the season, and the rights holders for the "The Lord of the Rings” go after a medical device called "Bagg-Ins."

  • August 22, 2014

    Fed. Circ. Sides With Generics Makers In Lysteda IP Suits

    Ferring Pharmaceuticals Inc. lost a pair of lawsuits on Friday when the Federal Circuit affirmed a lower court’s decision to toss its infringement suit against Apotex Inc. and then determined there was no evidence Watson Pharmaceuticals Inc. had infringed on its patents for a drug that eases menstrual bleeding.

  • August 22, 2014

    Ex-SAC Trader Says 8-Year Sentence Would Be Overly Harsh

    Mathew Martoma, the former SAC Capital Advisors LP trader convicted of engineering a $275 million windfall from insider tips about Wyeth Corp. and Elan Corp., told a New York federal court Thursday that the eight-plus-year sentence requested by the government was out of proportion to recent punishments in similar cases.

  • August 22, 2014

    Why AstraZeneca Is Likely On Pfizer's Back Burner, For Now

    Speculation has yet again kicked up over whether growth-hungry Pfizer Inc. will make a second run at AstraZeneca PLC after its $118 billion bid fell flat earlier this year, but the U.K.'s complex takeover rules dictate when and how Pfizer can stage another play.

  • August 22, 2014

    Judge Trims Intuitive Surgery Device Securities Class Action

    A California federal judge on Thursday trimmed claims alleging Intuitive Surgical Inc. made false financial reports amid a defect in its robotic surgical equipment, ruling such forward-looking statements are typically included in securities filings while preserving other claims alleging securities fraud.

  • August 22, 2014

    Transitions Wants Rival's Claims Tossed From Antitrust MDL

    Transitions Optical Inc. on Thursday urged a Florida federal judge to toss the claims of private equity-owned rival Vision-Ease Lens Worldwide Inc. from a multidistrict litigation accusing Transitions of impeding competition in the market for photochromic lenses, saying Vision-Ease's lost market share was due to its own shoddy product.

  • August 22, 2014

    Valeant, Ackman To Request Allergan Special Meeting

    Activist investor Bill Ackman will reportedly request on Friday a special meeting where Allergan Inc. shareholders can vote on a proposed board overhaul, a potentially game-changing step as he tries to back the reluctant company into a $53 billion takeover by Valeant Pharmaceuticals International Inc.

  • August 22, 2014

    FedEx Board Sued Over DOJ Drug Investigation

    FedEx Corp.'s directors were hit with a lawsuit in California federal court on Thursday over the company's “devastating” alleged business practice of knowingly shipping illegal drugs from online pharmacies, which has led to recent criminal indictments for drug trafficking and money laundering.

  • August 22, 2014

    Howmedica Sales Reps. Win Cert. In Reimbursement Suit

    A California federal judge on Thursday certified a class of sales representatives who have accused Stryker Corp. and its subsidiary Howmedica Osteonics Corp. of failing to reimburse them for business expenses, finding the putative group had met all of their certification requirements.

  • August 22, 2014

    Dealmakers Q&A: Bird & Bird's Alberto Salvade

    From a sector perspective, I expect a consolidation of the Italian banking market, especially as regards regional and mid-size banks. On the technical side, I notice an increasing interest of private equity players in implementing a clean-exit approach while divesting, says Alberto Salvade, head of Bird & Bird's corporate group in Italy.

  • August 21, 2014

    Allergan Suit May Not Stop Meeting To Replace Board

    A California federal judge refused to fast-track Allergan Inc’s insider trading suit against Valeant Pharmaceuticals International Inc. as it attempts a hostile takeover of Allergan, ruling Thursday that a special board meeting won't necessarily be put on hold during litigation.

  • August 21, 2014

    Purdue Wants Cohen Milstein Atty DQ'd In Chicago Opioid Row

    Purdue Pharma LP urged an Illinois federal judge on Thursday to disqualify Cohen Milstein Sellers & Toll PLLC and one of its partners from representing the city of Chicago in its lawsuit over allegedly dishonest marketing of opioid painkillers, saying a past representation creates an "appearance of impropriety."

  • August 21, 2014

    1st Circ. Allows FCA Defendants To Push For Tax Breaks

    The First Circuit's recent Fresenius decision gave contractors more room to push back against the government's argument that False Claims Act settlements are fines, not tax-deductible business expenses, but contractors should be prepared to give a detailed breakdown of settlement expenses before looking for a tax refund, attorneys say.

  • August 21, 2014

    Whole Foods Slapped With $5M Homeopathy Class Action

    Whole Foods Market Inc. was hit with a $5 million putative class action Thursday in Florida federal court for allegedly misleading hundreds of thousands of purchasers into believing their products effectively treat the flu as well as coughing and other symptoms in adults and children, when the products are actually "worthless."

  • August 21, 2014

    DEA Clamps Down On Hydrocodone Combo Medications

    The U.S. Drug Enforcement Administration on Thursday announced it has finalized a rule tightening restrictions on combination prescription drugs containing the opioid hydrocodone, citing the risk of addiction and other potential dangers of the painkiller.

Expert Analysis

  • Inter Partes Review's Day Has Come For Pharma IP Cases

    Joseph E. Cwik

    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.

  • AKS Unlikely To Be Raised Over Pharma Discount Sales

    Stephanie Trunk

    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.

  • How To Control Risk And Cost Of E-Discovery

    "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.

  • Inside 2nd Circ. Ruling On Overseas Whistleblower

    Mary Beth Hogan

    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.

  • Plain Prosecution Bar May Not Cover Inter Partes Reviews

    Bruce Wexler

    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.

  • IP In A Financial Center: Ireland Vs. Cayman Islands

    Ramesh Maharaj

    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.

  • 8th Circ. Provides Guidance On FCA Public Disclosure Bar

    Joe Dosch

    The Eighth Circuit recently affirmed the dismissal of a qui tam False Claims Act suit in Paulos v. Stryker Corp. and in doing so offered helpful guidance regarding the proper application of the public disclosure bar, while highlighting an open issue regarding public disclosure, say Scott Stein and Joe Dosch of Sidley Austin LLP.

  • Sponsors Should Mind FDA Informed Consent Guidance

    Gail H. Javitt

    The U.S. Food and Drug Administration's draft guidance on informed consent, though nonbinding, reflects the FDA’s current thinking about what is necessary for sponsors to fulfill their legal obligations and comes as the U.S. Department for Health and Human Services considers a broad overhaul of the Common Rule, say Gail Javitt and Ryan Kaat of Sidley Austin LLP.

  • An In-House Lawyer's Top 10 Tips For Outside Counsel

    Francis M. Drelling

    To this day, I have yet to see a litigation hold letter that was written by someone who understands the realities of how a business is actually run. In-house counsel cannot issue decrees to business units that read like they are issued by the king to his subjects, says Francis Drelling, in-house counsel at Specialty Restaurants Corp.

  • What's More Unnatural Than A Clone?

    Gilberto Villacorta

    The lawyer side of my brain understands how the Federal Circuit in Roslin arrived at its holding that Dolly, the cloned sheep, constitutes a “natural phenomenon” and thus is ineligible for patent protection. However, the common sense side of my brain finds the result amusing. I don’t like where the executive and judicial branches are taking this debate, says Gilberto Villacorta of Foley & Lardner LLP.