Life Sciences

  • August 4, 2015

    BREAKING: Shire Lobs $30B Unsolicited Offer For Baxalta

    Irish drugmaker Shire PLC said Tuesday that it has made an unsolicited stock bid valued around $30 billion to acquire U.S. biotech Baxalta Inc., aiming for a tie-up that would create a biotech giant focused on treatments for rare diseases.

  • August 3, 2015

    Zimmer Hit With $9.2M Verdict In Hip Implant Defect Suit

    A California jury has awarded $9.2 million to a man who was forced to undergo two hip-replacement surgeries in 15 months after receiving a Zimmer Inc. implant, finding for the first time that the company was negligent in designing its metal-on-metal Durom Cup.

  • August 3, 2015

    IP Firm Denied Chance To Improve On Its Malpractice Victory

    A Florida federal judge on Monday denied intellectual property firm Stein Law PC's request for a more favorable judgment or a new trial about a month after a jury ruled in the firm's favor but rejected its counterclaims in a legal malpractice suit brought by a diabetes test supply company.

  • August 3, 2015

    AstraZeneca Can't Stop Mylan's Generic Nexium At Fed. Circ.

    The Federal Circuit on Monday rejected AstraZeneca AB’s attempt to block Mylan Inc.’s generic version of blockbuster heartburn drug Nexium, clearing the way for additional copycat competition for the popular “purple pill.”

  • August 3, 2015

    Galderma Owes NYU's Fees For Oracea Appeal, Judge Says

    Galderma Laboratories Inc. must cover New York University’s attorneys' fees stemming from an appeal of an underlying patent suit against Mylan Pharmaceuticals Inc. and others, a New York federal judge held Friday, even though the dermatology drugmaker didn’t bring the appeal.

  • August 3, 2015

    Depomed, Horizon File Competing Suits In Takeover Battle

    Hoping to thwart a hostile takeover, Depomed Inc. on Monday hit Horizon Pharma PLC with a lawsuit in California court alleging misuse of confidential data, while Horizon said that it simultaneously sued over Depomed’s recent poison pill and would seek to oust the company’s board members.

  • August 3, 2015

    Lupin's Generic Colitis Drug Infringes Patents, Pharmas Say

    Cosmo Technologies Ltd. and a Salix Pharmaceuticals Ltd. subsidiary sued in Delaware federal court Friday to block Lupin Ltd.’s abbreviated new drug application for a generic version of the colitis treatment Uceris.

  • August 3, 2015

    Feds Want Foreign Pill Smugglers Fined Nearly $50M

    Prosecutors Friday asked a Virginia federal judge to fine two foreign medical companies that pled guilty to shipping misbranded drugs into the U.S. at the high-end of a roughly $25 million to $50 million sentencing guideline, plus forfeiture.

  • August 3, 2015

    Top Product Liability Verdicts In The First Half Of 2015

    Both sides of the product liability bar have won consequential trial victories so far this year, including a $100 million verdict against Boston Scientific Corp. in pelvic mesh litigation — the largest so far — and two wins for Pfizer Corp. in suits over birth defects allegedly caused by Zoloft. Here, Law360 looks at the top product liability verdicts of 2015 and the firms that won them.

  • August 3, 2015

    AbbVie Slams FTC's Bid To Review Pay-For-Delay Ruling

    A recent appellate court decision has no real bearing on the Federal Trade Commission’s pay-for-delay case against AbbVie Inc. and other drugmakers, the companies told a Pennsylvania federal judge Friday, urging him to leave untouched a ruling that gutted the agency’s case.

  • August 3, 2015

    FDA Warns Hospira Pump Fails Cybersecurity Tests

    Health care facilities should stop using Hospira Inc.’s discontinued computerized system for general infusion therapy due to cybersecurity concerns, the U.S. Food and Drug Administration and U.S. Department of Homeland Security warned Friday.

  • August 1, 2015

    Trade Ministers Fail To Break TPP Deadlock

    A feverish effort to wrap up the landmark Trans-Pacific Partnership came up short Friday as top negotiators failed to bridge the gaps on the accord’s most controversial provisions, including pharmaceutical patents and rules governing dairy trade.

  • July 31, 2015

    USPTO Patent Guidance Has Attys Fearing Wave Of Rejections

    New guidance issued by the U.S. Patent and Trademark Office on Thursday about patent eligibility in light of recent U.S. Supreme Court decisions appears to mean that many potential inventions are unpatentable abstract ideas, leaving attorneys concerned that it will become increasingly difficult to get patents.

  • July 31, 2015

    Covidien Urges Supreme Court To Hear 'Secret' Prior Art Row

    Medical supplier Covidien PLC has asked the U.S. Supreme Court to intervene in a $176 million patent dispute with a unit of Johnson & Johnson, arguing an appeals court improperly considered a “secret” prototype when deciding its surgical device patents were obvious.

  • July 31, 2015

    Taxation With Representation: Sullivan, Wachtell, MoFo

    In this week’s Taxation With Representation, Sullivan & Cromwell guides Teva’s $40.5 billion deal for Allergan's generic-drug business while McGraw Hill Financial taps Wachtell for its $2.2 billion acquisition of private equity-owned data and information provider SNL Financial.

  • July 31, 2015

    Credit Union's Suit Could Open Up Banking For Pot Business

    A Colorado credit union’s lawsuit against the Federal Reserve Bank of Kansas City over the denial of a vital account could help bring more clarity for financial institutions interested in providing services to legal marijuana businesses if it can survive early hurdles, experts say.

  • July 31, 2015

    Forest Labs Says Sex-Bias Plaintiffs Lack Evidence

    Forest Laboratories Inc. urged a New York federal court Thursday to reject a class certification bid by employees who filed a $100 million lawsuit accusing the drugmaker of bias against female workers, saying the workers haven’t shown any evidence of bias, let alone commonality.

  • July 31, 2015

    Gunderson Nabs Ex-DLA Partners To Boost Calif. Offices

    Venture capital- and emerging companies-focused law firm Gunderson Dettmer Stough Villeneuve Franklin & Hachigian LLP said Thursday it has recruited two former DLA Piper partners experienced in advising life science and technology companies in securities offerings, mergers and acquisitions and other corporate matters to bolster California offices.

  • July 31, 2015

    10 IPOs Targeting $1.4B Ready To Rock 1st Week Of August

    A total of 10 companies — two energy companies, two health-conscious private equity-backed companies, four life sciences companies and two holdovers — are ready to go public during the first week of August, together targeting $1.4 billion before an end-of-summer slowdown.

  • July 31, 2015

    Fed. Circ. Says Judge Got X-Ray Patent Wrong, Revives Suit

    The Federal Circuit on Friday reversed a lower court’s decision that Blue Ridge X-ray Co. Inc. did not infringe a patent for a high-voltage transformer belonging to X-ray maker Sociedad Espanola de Electromedicina y Calidad SA, after finding that the judge's decisions were based on an incorrect claim construction.

Expert Analysis

  • Overcoming Restriction Requirements On Pharma Patents

    Charles Andres

    Restriction requirements and lack of unity of invention equivalents, if not challenged and overcome, can decrease the claim diversity of Orange Book listed patents and smooth the allowance pathway for generic manufacturers. Attorneys at Wilson Sonsini Goodrich & Rosati offer one underappreciated way to optimize pharmaceutical patent protection.

  • OPINION: Bipartisan Trade Secrets Legislation Is Back

    Aaron Cooper

    From product designs for jet engines to the literal and figurative “secret sauce” — which can include the source code and data analytics that power Silicon Valley — trade secrets are an essential form of intellectual property. Yet trade secrets lack federal civil protection. The Defend Trade Secrets Act of 2015 will fix that, say attorneys with Covington & Burling LLP.

  • RICO Suits Challenge Off-Label Drug Marketing

    John D.W. Partridge

    False Claims Act cases are generally limited to conduct involving government payors, so private payors have recently sought to challenge off-label promotion of drugs using a different legal vehicle: the federal Racketeering Influenced and Corrupt Organizations Act, say John Partridge at Gibson Dunn & Crutcher LLP and attorney Jason Stavers.

  • London Calling: On The Cusp Of A UK Biotech Revolution

    Mark E. Thompson

    The question for those who have had a hand in the biotech market for a long time is no longer whether the U.K. will deliver on its biotech promise, but when. The money has become more organized, the government has started to take steps to create an affirmative place for action, and the universities are getting better at facilitating the commercialization of research, say attorneys at Sidley Austin LLP.

  • 7 Keys To Improving Your Direct Examination

    James Murray

    Trial lawyers should approach direct examination with the same excitement as cross-examination. If you do not, the jury will notice and your case will suffer. An effective direct examination backs the lawyer out of the action and puts the witness front and center to tell the story in a conversational, comforting, interesting fashion, says James Murray of Dickstein Shapiro LLP.

  • Prosecution Of Off-Label Speech In A Post-Caronia World

    Emily L. Pincow

    At the heart of the dispute in Amarin Pharma Inc. v. U.S. Food and Drug Administration before the Southern District of New York is the complaint that the federal government cannot prosecute the simple promotion of a drug’s off-label use because such an interpretation raises First Amendment concerns, says Emily Pincow of Weil Gotshal & Manges LLP.

  • Why UK Backed Off From Loyalty Rebate Abuse Probe

    Diarmuid Ryan

    While the U.K. Competition and Markets Authority's decision to close its investigation into loyalty-inducing discounts offered by a pharmaceutical firm suggests a continuing reluctance to devote resources to complex abuse of dominance probes, the fact that the CMA investigated this for a year, together with the more active enforcement by other European competition authorities, shows that firms that may be dominant cannot afford to ... (continued)

  • The Contentious Biosimilar Nonproprietary Naming Debate

    Joanne Hawana

    The U.S. Food and Drug Administration should be releasing initial policy positions soon on nonproprietary naming for biological products. Joanne Hawana of Mintz Levin Cohn Ferris Glovsky and Popeo PC examines both sides of the debate.

  • REBUTTAL: The Problem With 3rd-Party Litigation Financing

    Lisa Rickard

    Manipulating gender disparity in the service of hawking a flawed investment product does nothing but trivialize a serious and important issue. The tortured logic in Burford Capital LLC’s recent plug for third-party litigation financing is nothing more than a marketing ploy to boost revenues, says Lisa Rickard, president of the U.S. Chamber Institute for Legal Reform.

  • Recent Lessons In D&O Fee Advancement And Indemnification

    David L. Goldberg

    A Third Circuit decision in IP theft case Aleynikov v. Goldman Sachs Group Inc. and the Delaware Chancery Court’s ruling in insider trading suit Holley v. Nipro Diagnostics Inc. have raised important issues regarding fee advancement bylaws. For one, a litigant will not be considered an “officer” simply based on his or her title, say attorneys with Katten Muchin Rosenman LLP.