The Federal Trade Commission's record-setting $1.2 billion settlement with Cephalon Inc. on Thursday gives the antitrust watchdog a boost as it continues to challenge so-called pay-for-delay settlements. But the eleventh-hour deal disappointed observers who had hoped for answers to lingering questions about how to prosecute the complex cases.
The Second Circuit explained Thursday that Actavis PLC's plan to force Alzheimer's patients using its Namenda dementia drug to switch to a newer version by pulling the older formulation from the shelves likely violated federal antitrust law because it moved from "persuasion to coercion."
The Federal Trade Commission's $1.2 billion settlement with Cephalon Inc. over the company's huge payments to rivals is a fresh sign that so-called pay-for-delay deals involving big exchanges of money will be difficult to defend in the wake of a landmark U.S. Supreme Court decision from two years ago, experts say.
A federal judge shot down a request by a group of consumers to amend their complaint for a second time against Shire US Inc. in a pay-for-delay suit, noting Wednesday that the case has already been bogged down by delays.
Japanese pharmaceutical giant Daiichi Sankyo Inc. is pressing the New Jersey Supreme Court to formally centralize dozens of lawsuits in the state blaming Benicar and its other blood pressure medications for gastrointestinal problems, according to a notice posted Wednesday.
With a $1.2 billion settlement on Thursday ending the Federal Trade Commission’s long-running case against Cephalon Inc. for allegedly paying rivals to hold off selling generic versions of the narcolepsy drug Provigil, Law360 takes a look back at the seven-year antitrust fight.
Blue Cross and Blue Shield of Florida Inc. wrongfully denied policyholders Gilead Sciences Inc.’s newly approved yet expensive treatment for hepatitis C, according to a putative class action filed Wednesday in Florida federal court.
Nautilus Inc. urged the full Federal Circuit Wednesday to review a ruling that a Biosig Instruments Inc. heart rate monitor patent is not indefinite, saying that the panel ignored clear instructions from the U.S. Supreme Court, which used the case to set a new indefiniteness standard.
A California federal judge Wednesday tossed a derivative shareholder suit accusing Allergan Inc.’s board members of improperly marketing the cosmetic drug Botox for off-label uses after a voluntary dismissal by the plaintiffs, who the pharmaceutical giant argued no longer had standing following an acquisition by Actavis PLC.
Noneuphoric medical marijuana could be in the hands of qualified Florida patients by the end of the year, the state Department of Health said Wednesday, after a challenge to the agency's proposed rules for cannabis dispensing organizations was shot down.
Cephalon Inc.'s promise to settle patent litigation without using side deals to get reverse payments as part of a $1.2 billion agreement with the Federal Trade Commission sends a "strong and important" message to the rest of the industry to change its behavior, FTC health care chief Markus Meier told Law360 on Thursday.
A Delaware federal judge ruled Wednesday that Mirowski Family Ventures LLC must pay Medtronic Inc.'s attorneys' fees after Medtronic prevailed in a long-running defibrillator patent case that went to the U.S. Supreme Court, holding that the outcome is dictated by a nearly 25-year-old contract.
A Delaware jury awarded $100 million to a woman who sued Boston Scientific Corp. over injuries from the company's pelvic mesh on Thursday in the biggest win yet over the medical implant that has elicited thousands of injury lawsuits.
Cancer gene therapy developer MultiVir Inc., which is backed by Pope Investments LLC, withdrew its initial public offering plans on Thursday, officially calling off efforts to tap the public market for about $64 million after postponing pricing earlier this month amid a rough patch for life sciences debuts.
Seres Therapeutics, a microbiome biotech developing therapies to replace beneficial bacteria in the gut, is looking to raise up to $100 million in an initial public offering as it jumps into a hit-or-miss biotech IPO market.
Consumer Health Information Corp. on Thursday urged the Seventh Circuit to revive its copyright infringement suit targeting Amylin Pharmaceuticals Inc. over patient education materials CHIC produced for the diabetes drug Byetta.
A Florida federal judge on Wednesday refused to sanction attorney Mitchell Stein of intellectual property firm Stein Law PC for allegedly making false statements in a diabetes test supply company’s legal malpractice row against the firm, saying the company didn’t show which statements were false.
Private equity firm Cinven on Thursday said that it plans to buy Labco SA, in a deal valued at €1.2 billion ($1.3 billion), after the European medical diagnostic services provider scrapped plans for an initial public offering earlier this month.
Cephalon Inc. agreed Thursday to pay $1.2 billion to settle a long-running antitrust suit accusing the company of paying generic-drug makers to hold off on launching their own version of narcolepsy treatment Provigil, handing the Federal Trade Commission a major victory in its decadelong campaign against so-called pay-for-delay patent settlements.
Acorda Therapeutics Inc. pushed back Tuesday against a challenge to its multiple sclerosis drug Ampyra by an organization with close ties to a hedge fund manager, telling the Patent Trial and Appeal Board that a patent for the medicine is valid.
With the understanding that jurisdictional data trends can shape complex litigation strategy, Crowell & Moring LLP attorneys Keith Harrison and Elizabeth Figueira offer a snapshot of the time to resolution of recent disputes in the U.S. District Courts and Courts of Appeals.
Attorneys spend significant hours finding, vetting and legally qualifying subject matter experts who will offer the opinion that supports the client’s “truth.” The expert spends considerable time as well — from research and analysis to issuing the report and defending the opinion at deposition. These pretrial skills do not necessarily translate to persuasive testimony at trial, say Nancy Geenen and Suann Ingle of Suann Ingle Associates LLC.
As the Judicial Panel on Multidistrict Litigation heads to Minneapolis, Minnesota — currently home to 10 MDL proceedings — for its post-Memorial Day hearing, this month’s column recaps the March session and explores the “MDL Lexicon,” says Alan Rothman of Kaye Scholer LLP.
The U.S. Food and Drug Administration's latest draft guidance on biosimilars, which contains new questions and answers not previously provided by the FDA, arrives on the heels of last month's release of three other biosimilar guidance documents, which also included a Q&A regarding implementation of the Biologics Price Competition and Innovation Act, say attorneys at K&L Gates LLP.
On the heels of the U.K. Bribery Act of 2010 — a close copy of the U.S. Foreign Corrupt Practices Act — the United Kingdom has now taken cues from another novel U.S. enactment, this time the California Transparency in Supply Chains Act, and delivered its own disclosure regime on the doorsteps of the international business world, say attorneys with Perkins Coie LLP.
For companies engaged directly in cannabis-related business, the starting point in this nascent industry is identifying the risks and rewards present. Identifying these risks, particularly for employees, doctors and dispensaries, can be difficult when insurance laws dramatically vary among the states, says John Nevius of Anderson Kill PC.
It has become all too common in transaction-related stockholder litigation for the pleading net to be cast widely, embroiling disinterested and independent directors into long and costly litigation. The Delaware Supreme Court's decision in the case of Cornerstone Therapeutics Inc. should lead to closer scrutiny of allegations against individual directors, say attorneys with Paul Hastings LLP.
The next chapter in the saga of New York State Attorney General Eric T. Schneiderman and company's investigation into the dietary supplements industry may take place on Capitol Hill given their recent letter to Congress requesting an investigation of the industry as well as stronger oversight from the U.S. Food and Drug Administration, say attorneys at BuckleySandler LLP, including the former attorney general of Maryland.
While parties that lobby in the United States are generally subject to mandatory lobbyist registration and reporting obligations at every level of government, parties that lobby European Union institutions traditionally have only been subject to a “voluntary” registration and disclosure regime. That gap now appears to be closing, say attorneys with Allen & Overy LLP.
The pharmaceutical industry will find Alabama's recent law overturning the state supreme court's ruling in Wyeth Inc. v. Weeks on innovator liability helpful in reducing liability exposure where the innovator drug company had no role in manufacturing the drug that caused the underlying injury, say attorneys of Morrison & Foerster LLP.