Life Sciences

  • May 4, 2016

    Peregrine Knew Cancer Drug Trials Were Bunk, 9th Circ. Told

    A Peregrine Pharmaceuticals shareholder urged the Ninth Circuit on Wednesday to revive his stock-drop class action alleging the drugmaker puffed up its share price with false positive news about its lung cancer drug bavituximab, arguing the company must have known that data came from a flawed experiment.

  • May 4, 2016

    8th Circ. Boosts TCPA Class Cert. Bids In Medtox Ruling

    The Eighth Circuit on Tuesday lowered the bar for obtaining class certification in Telephone Consumer Protection Act cases in reviving a putative class action over junk faxes sent by a lead testing company, emboldening an already ravenous plaintiffs bar intent on making cases as large as possible in order to capitalize on the potential for hefty statutory payouts.

  • May 4, 2016

    Pfizer Cools To Tax Inversion After Nixed Allergan Deal

    Pfizer Inc. said Tuesday it isn’t inclined to seek another inversion transaction after it scrapped a proposed $160 billion merger with Irish drugmaker Allergan in April in light of the U.S. Department of Treasury’s new rules aimed at curbing the tax-motivated deal structure.

  • May 4, 2016

    Bayer Wants All Mirena IUD Cases Tossed For Lack Of Experts

    Looking to escape the sprawling multidistrict litigation alleging its Mirena intrauterine contraceptive devices were defective and harmed patients, Bayer HealthCare told a New York federal judge Wednesday that because nearly all of the women’s experts have been excluded, none of them can prove their case.

  • May 4, 2016

    Del. Action Against CytRx Stayed Pending Calif. Court Deals

    A Delaware Chancery Court judge has stayed a derivative action accusing biopharmaceutical company CytRx Corp.'s board of sanctioning a brazen stock-pumping scheme, finding the suing investors filed their case late and giving deference to two pending California federal court class settlements in the pipeline from earlier actions.

  • May 4, 2016

    Lilly, Canada Clash On NAFTA Filings In $388M Patent Fight

    Eli Lilly and Canada sparred in documents released Tuesday over how much weight to give advice on interpreting the North American Free Trade Agreement given by the United States and Mexico to the tribunal overseeing the pharmaceutical giant’s CA$500 million ($388 million) action against the country over canceled patents.

  • May 4, 2016

    Fed. Circ. Skeptical Becton Dickinson Patent Survives Alice

    The Federal Circuit expressed skepticism Wednesday that a Becton Dickinson and Co. remote pharmacy-monitoring patent nixed for failing the Alice test could possibly be valid, saying the invention seemed to claim nothing beyond a combination of off-the-shelf technology to monitor drug-compounding.

  • May 4, 2016

    J&J's Talcum Trial Losses Create Litigation Powder Keg

    Johnson & Johnson suffered serious defeats totaling $127 million in the first two trials in St. Louis over the alleged link between its talcum baby powder and ovarian cancer, and while J&J is appealing both verdicts, it still faces thousands of similar suits from consumers emboldened by headline-grabbing awards.

  • May 4, 2016

    Fed. Circ. Won't Rehear Ruling That Axed 4 OxyContin Patents

    The Federal Circuit declined Wednesday to review a decision that four patents on Purdue Pharma LP’s painkiller OxyContin are invalid, cementing a victory for four generics makers that are planning their own version of the drug.

  • May 4, 2016

    Deals Rumor Mill: Pfizer, Hellman & Friedman, Carlyle

    Pfizer intends to make a play for oncology biotech Medivation, Hellman & Friedman may soon ink a $7.5 billion agreement to buy health care services provider MultiPlan, and Carlyle has hired Natixis to help explore a sale of the PE firm's stake in French medical equipment company Groupe Marle.

  • May 4, 2016

    Sonova Inks $955M Deal For Hearing Aid Retailer AudioNova

    Swiss hearing aid maker Sonova Holding AG will snap up European hearing aid retailer AudioNova International BV for €830 million ($955 million) in cash, the companies said Wednesday, a deal that comes as health care M&A is heating back up.

  • May 4, 2016

    Colgate Faces New False Ad Suit Over Tooth Whitening Claims

    Colgate Palmolive was hit with another putative class action in New York federal court Tuesday alleging that its advertisements misled customers about the ability of its Optic White toothpaste to “deeply whiten” teeth.

  • May 4, 2016

    Fed. Circ. Urged To Rehear Jurisdiction Ruling On Generics

    The Generic Pharmaceutical Association has urged the Federal Circuit to reconsider its recent decision to require Mylan to face patent infringement suits over two planned generic drugs in the District of Delaware because the drugs ultimately would be sold there, saying that future infringing sales likely would not occur.

  • May 4, 2016

    3rd Circ. Rejects Lovenox Antitrust Suit Against Sanofi

    The Third Circuit on Wednesday rejected pharmaceutical manufacturer Eisai’s bid to reinstate an antitrust lawsuit against Sanofi over discount contracts with hospitals that purchased large amounts of anti-coagulant drug Lovenox, saying in a published opinion that antitrust laws are intended to protect competition, not competitors.

  • May 4, 2016

    Fed. Circ. Could Ease On-Sale Bar Threat To Pharma Patents

    The full Federal Circuit will hear arguments Thursday in a patent case over the blood-thinning drug Angiomax that could narrow the reach of the on-sale bar and protect companies from invalidity findings if they outsource some parts of the manufacturing process for their inventions.

  • May 3, 2016

    Paul Weiss Snags Dechert Partner, Ex-Philip Morris GC

    David Bernick, former general counsel at Philip Morris International and a veteran trial attorney at Dechert and a number of other high-profile firms, will be joining Paul Weiss Rifkind Wharton & Garrison LLP as a litigation partner in New York, the firm announced Tuesday.

  • May 3, 2016

    Supplement Sellers Pay FTC $9.2M For Deceiving Consumers

    The operators of 42 companies accused by the Federal Trade Commission of tricking consumers through deceptive marketing into turning over personal financial information and then automatically charging them for supplements and health products have agreed in Nevada federal court to settle the claims for $9.2 million, the agency said Tuesday.

  • May 3, 2016

    Supplement Buyers Fight To Keep Class Cert. In False Ad Suit

    The lead consumer in a class action alleging Pharmavite LLC falsely labeled its Nature Made glucosamine supplements fought back Monday against the company’s bid to decertify two purchaser groups, telling a California federal judge she hasn’t once waivered on her claims.

  • May 3, 2016

    Rulings Clear Up Controversy Over Fla. Medical Pot License

    A pair of rulings this week look likely to clear up controversy over a Gainesville, Florida, nursery losing out on obtaining a state license to grow, distribute and sell medical marijuana despite earning the highest evaluation score in its region.

  • May 3, 2016

    FCA Penalties Set To Double, Raising Fears Of Excess Fines

    False Claims Act penalties would double under a federal regulation released this week, an increase likely to surprise some corporations and fuel arguments about constitutionally excessive punishment, attorneys say.

Expert Analysis

  • Insurance Coverage Implications Of The J&J Talc Verdicts

    Stephen Hoke

    If the plaintiffs bar is successful in tying cosmetic talc to ovarian cancer, as they were in the Johnson & Johnson case on Monday and in a similar J&J case in February, they have increased their potential plaintiff pool by over 700 percent — which suggests there will be more cosmetic talc lawsuits and they will cost more to resolve, raising the issue of how insurers will respond, says Stephen Hoke at Hoke LLC.

  • What Is Your Squirm Factor?

    Ross Laguzza

    The fact that jurors are a captive audience doesn’t mean they are any more invested in your presentation than people who walk out of a boring movie. Jurors can’t physically leave, but they can and do mentally check out. If you are a trial lawyer, you should think about whether your squirm factor is high, moderate or low — and what, if necessary, you can do to change it, says Dr. Ross Laguzza of R&D Strategic Solutions.

  • Scalia’s Vacancy Shifts High Court On Class Actions

    Brian S. Kabateck

    In the wake of U.S. Supreme Court Justice Antonin Scalia’s death the pendulum may already be swinging back in favor of class actions. In fact, the post-Scalia court now sits divided evenly on business litigation issues, or perhaps even favoring consumers for the first time in a long time, say Brian Kabateck and Natalie Pang at Kabateck Brown Kellner LLP.

  • Valeant — A Case Study In Rotten Culture And Business Ethics

    Michael Volkov

    The latest poster child for corporate malfeasance is Valeant Pharmaceuticals. The perfect enforcement storm is lining up with Congress, the U.S. Securities and Exchange Commission, and two U.S. attorney’s offices getting ready to aggressively investigate and punish the company and its principal leaders. Valeant is a textbook example of how not to structure corporate incentives and should be examined in every MBA program, says Micha... (continued)

  • VA Now Open To Non-Trade Agreements Act Compliant Drugs

    Jeffrey Orenstein

    In a significant policy reversal, the U.S. Department of Veterans Affairs recently announced that all “covered drugs” under the Veterans Health Care Act will be offered on Federal Supply Schedule contracts, regardless of whether they meet the “country of origin” standards of the Trade Agreements Act, opening up FSS contracts to hundreds of pharmaceutical products, say Jeffrey Orenstein and Lawrence Sher at Reed Smith LLP.

  • OPINION: Engaging The Media May Help Your Client

    Liz Mair

    While I am confident that the decisions in Windsor and Obergefell were made on the basis of the dictates of the Constitution, I am also confident that the communications efforts undertaken gave the justices additional comfort to make the right call, and ensured that these decisions were not treated as a Roe v. Wade redux, says Liz Mair, former online communications director for the Republican National Committee and president of Mair Strategies.

  • Portfolios With 4 Legs To Stand On: Animal Drug Patent Tips

    Deborah A. Sterling

    Human pharmaceutical companies tend to rely upon a "patent thicket" to obtain overlapping scope designed to deter competitors, and some animal pharmaceutical companies are following this model for their products. Close examination of the filing strategies and drafting considerations that lead to the creation of portfolios like Zoetis’ for Apoquel provides insight for other animal health companies looking to expand market share, say... (continued)

  • Using The New Federal Rules To Rein In Discovery

    Martin J. Healy

    The 2015 amendments to the Federal Rules of Civil Procedure present a fertile opportunity for defendants to leverage the rules' renewed focus on reasonableness and proportionality to rein in rampant discovery abuse. Courts' application of the amended rules has already shown promise in this regard, say Martin Healy and Joseph Fanning of Sedgwick LLP.

  • Why Celebrity Sponsors Aren't Liable For False Advertising

    Christina Guerola Sarchio

    The Ninth Circuit’s recent opinion in a case involving a dietary supplement manufacturer and its celebrity spokesperson, former NFL quarterback Joe Theismann, reaffirms a large body of case law suggesting that public figures who simply endorse a product have a viable defense against claims for false advertising, say Christina Guerola Sarchio and Emily Luken at Orrick Herrington & Sutcliffe LLP.

  • Dentons: A New Kind Of Network?

    MarkACohen.jpg

    Dentons is two different law firm networks in one. So even if the Swiss verein structure should eventually fail and Dentons is forced to operate as a network of independent law firms, it could still be a significant market force, says Mark A. Cohen, a recovering civil trial lawyer and the founder of Legal Mosaic LLC.