Life Sciences

  • December 9, 2016

    Diet Pill Maker Seeks Sanctions For FTC Witness' Husband

    Diet pill maker Roca Labs on Thursday asked a Florida federal court judge to sanction the husband of one of the Federal Trade Commission’s key witnesses in the agency’s false advertising suit against it, saying that he likely has information that could contradict his wife's testimony but hasn’t responded to a subpoena.

  • December 9, 2016

    Sanofi Can’t Enforce Deal It Broke In $20M Suit, Elorac Says

    The maker of a cream used to treat osteoarthritis hit back at Sanofi-Aventis Canada Inc.’s claims its contract to market the cream is void, arguing Thursday that it was Sanofi who first breached the agreement at the heart of an ongoing lawsuit between the companies.

  • December 9, 2016

    The Top Product Liability Cases Of 2016: Year-End Report

    The Second Circuit opened up New GM to a potential flood of claims when it undid a bankruptcy liability shield that protected it from ignition switch claims against its prebankruptcy entity, while courts also tackled the labeling of "natural" foods and generic drugs. Here, Law360 takes a look at some of the most significant product liability rulings of the past year.

  • December 8, 2016

    3rd Circ. Won't Rethink Nixing Of Law Firm's Risperdal Suit

    The full Third Circuit declined Thursday to revisit a ruling that Philadelphia personal injury firm Sheller PC could not prove that the U.S. Food and Administration’s rejection of its petition requesting revocation of approval of the antipsychotic drug Risperdal led to increased costs in underlying litigation.

  • December 8, 2016

    Novartis Loses At BALCA In Case Over Exec. Director Job

    The Board of Alien Labor Certification Appeals on Wednesday upheld the denial of permanent labor certification for an executive director position at Novartis Pharmaceuticals Corp., finding a certifying officer had correctly found the company rejected U.S. workers for the post for “other than lawful, job-related reasons.”

  • December 8, 2016

    Ex-Insys Executives Charged In Painkiller Kickback Scheme

    Six former executives of pharmaceutical company Insys Therapeutics Inc. were arrested and charged Thursday in Massachusetts federal court for allegedly conspiring to bribe doctors to prescribe the company’s highly potent fentanyl-based pain medication, in the latest hit to the troubled drug company.

  • December 8, 2016

    Fed. Circ. Upholds Toss Of Plastic-Product Packaging IP

    The Federal Circuit on Thursday affirmed a Patent Trial and Appeal Board decision finding all claims in a CSP Technologies Inc. patent involving the packaging of plastic products, which it asserted over another company's use in the packaging of medical diagnostic test strips, were anticipated and obvious.

  • December 8, 2016

    Grifols Accused Of Off-Label Drug Uses In FCA Suit

    Spanish pharmaceutical company Grifols SA potentially bilked the federal government, 28 states and Washington, D.C., out of millions of dollars by inappropriately marketing unapproved uses of a drug for a rare condition, a whistleblower said in a False Claims Act suit filed in Florida federal court.

  • December 8, 2016

    Hemispherex Investors Put Anti-Fatigue Drug Suit To Rest

    Hemispherx Biopharma Inc. shareholders have settled a consolidated Pennsylvania derivative suit alleging the company’s directors and officers misrepresented the safety and efficacy of the anti-fatigue drug Ampligen and overstated its prospects for federal approval.

  • December 8, 2016

    Atty DQ Sought In Medical Supplier Trademark Row

    Medical supplier Eclipse Aesthetics LLC told a Texas federal judge on Wednesday that counsel for RegenLab USA LLC in the rival companies' trademark dispute must be disqualified for his attempts to pressure Eclipse's key witness to “change sides.”

  • December 8, 2016

    Bristol-Myers Squibb To Pay $19.5M Over Abilify Marketing

    Bristol-Myers Squibb will pay $19.5 million to 42 states and Washington, D.C., to settle claims that the company allegedly improperly marketed the antipsychotic drug Abilify, multiple states’ attorneys general announced Wednesday.

  • December 8, 2016

    FCA Decision Tracker: Continued Interpretations Of Escobar

    The U.S. Supreme Court’s blockbuster decision in Universal Health Services v. Escobar has shifted the False Claims Act landscape, including a range of interpretable words and phrases that have triggered debate in briefs and in the courtroom. Here, in the second of our ongoing reports, Law360 explores how courts have interpreted the ruling.

  • December 7, 2016

    NY Firm, Ex-Client Ask 11th Circ. To Fix Jury's Errors

    New York firm Stein Law PC and its former client, a Florida diabetes testing supply company, continued their contentious dispute over $1 million in legal fees before the Eleventh Circuit Wednesday, asking the appeals court to reverse parts of a jury's conflicting verdict.

  • December 7, 2016

    Medical Group Pays $9.3M To Settle TCPA Junk Fax Claims

    A Louisiana-based radiation treatment center's class action lawsuit accusing a medical group of engaging in a massive junk fax campaign that violated the Telephone Consumer Protection Act reached its conclusion Tuesday as a federal judge stamped final approval on a settlement worth nearly $9.3 million.

  • December 7, 2016

    Fed. Circ. Says PTAB Didn't Explain Itself In NuVasive Review

    The Federal Circuit on Wednesday reversed a Patent Trial and Appeal Board decision that claims in a NuVasive Inc. spinal surgery patent were invalid, finding the PTAB did not adequately explain its reasoning for finding the claims to be obvious.

  • December 7, 2016

    GNC Agrees To Pay $2.3M Over Mislabeled Supplements

    The U.S. Department of Justice on Wednesday announced that GNC Holdings Inc., the largest global supplement retailer, has agreed to pay $2.25 million to end its liability for selling allegedly mislabeled dietary supplements made by another company that is currently under indictment.

  • December 7, 2016

    Congress Passes Major Pharmaceutical Reform Bill

    Congress passed a major pharmaceutical reform bill Wednesday, after a bipartisan Senate vote sent sweeping changes to drug approvals, research funding and other measures to President Barack Obama’s desk.

  • December 7, 2016

    Doc Says Bayer Axed Her For Backing Pregnant Worker

    A former drug development executive sued Bayer Corp. in New Jersey federal court on Wednesday alleging she was robbed of a promising career after speaking up when her boss removed a pregnant worker from a project leadership role and replaced her with a man.

  • December 7, 2016

    Bayer Gets Win In Dentist's Antibiotic-Damage Suit

    A pediatric dentist whose livelihood was allegedly ruined by the infamous antibiotic Avelox lost his case against drug manufacturer Bayer on Wednesday, when a New Jersey federal judge ruled that state laws spelled doom for his claims.

  • December 7, 2016

    Colitis Drug Buyers Fight Doc Requests In Antitrust Row

    Direct purchasers in a consolidated proposed antitrust class action over an ulcerative colitis treatment asked a Massachusetts federal judge to not force them to produce documentation on nine other related drugs, arguing Tuesday that such requests are unnecessary and burdensome.

Expert Analysis

  • How Latin America Is Stepping Up Anti-Corruption Efforts

    Morgan Miller

    For much of 2015 and 2016, barely a day went by without an anti-corruption-related headline involving Latin America, as companies operating throughout the region have and continue to become well acquainted with a growing appetite to root out corruption, say attorneys with Paul Hastings LLP.

  • FTC And Courts Remain Real Serious About Fake News Ads

    Leonard L. Gordon

    The Federal Trade Commission has been trying to stop “fake news” advertising for some time and a Florida federal court recently affirmed those efforts with its decision in FTC v. NPB Advertising. The case provides a list of lessons on what not to do when advertising your products, says Leonard Gordon of Venable LLP.

  • Lawyer EQ: Finding Success In Every Interaction

    Judith Gordon

    American legal education relies almost exclusively on analytical thinking. But success in legal practice depends in large part upon an accurate emotional understanding of oneself and the human seated opposite us. Honing emotional intelligence skills can lead to greater success, and Judith Gordon of LeaderEsQ offers a few tools that can be implemented immediately to raise one’s emotional intelligence quotient.

  • Inside The 2nd Circ. Ruling In Abbott V. Adelphia

    Brendan O'Rourke

    In Abbott Laboratories v. Adelphia Supply USAl, the Second Circuit affirmed a district court’s grant of a preliminary injunction halting the alleged sale of gray-good diabetes test strips made by Abbott Laboratories. The decision is notable because the authentic test strips were identical to the gray-good versions, say attorneys with Proskauer Rose LLP.

  • Managing Intergenerational Differences Within Your Law Firm

    Najmeh Mahmoudjafari

    We are privileged to be part of an employment market that hosts employees from various generations. While “differences” may imply inherent conflict, intergenerational differences can actually be used to an advantage for organizations — especially law firms, say Najmeh Mahmoudjafari, founder of ImmigraTrust Law, and William Martucci of Shook Hardy & Bacon LLP.

  • Reliable Analysis Is Key To Addressing Ascertainability

    Stephen Cacciola

    There has been much discussion recently about the circuit court split on the ascertainability requirement in class certification. Given the uncertainty regarding which standard will ultimately prevail, and the heightened scrutiny of ascertainability by some federal courts, it is crucial for both plaintiffs and defendants to address these issues at the class certification stage, say Stephen Cacciola and Stephen Fink of Analysis Group Inc.

  • The FTC's Overreaching Regulation Of Homeopathic Drugs

    Todd A. Harrison

    Recently, the U.S. Federal Trade Commission decided once again to force itself into the U.S. Food and Drug Administration's ill-fitting shoes, establishing safety and effectiveness standards for over-the-counter homeopathic drugs. The FTC is only obfuscating the already-strained regulatory framework for homeopathic drugs, say attorneys from Venable LLP.

  • Talking 'Bull': Episode 8, Too Perfect

    Roy Futterman

    In this weekly column, real-life New York City jury consultant and psychologist Roy Futterman parses fact from fiction in "Bull," the new TV series airing on CBS about a fictional NYC jury consultant/psychologist. Spoiler alert ...

  • Philip Hirschkop: Quietly Making Noise For 50 Years

    Randy Maniloff

    The first paragraph of Philip Hirschkop’s obituary is going to contain the word "Loving." That’s undeniable. But many of Hirschkop’s other cases are just as groundbreaking in their own right. They aren’t household names like Loving, but they have affected millions in the nation’s households, says Randy Maniloff of White and Williams LLP.

  • Offshore Patent Transfer Payments Draw IRS, Court Scrutiny

    Vikram Iyengar

    Tax inversions and the offshoring of intellectual property by U.S. companies grew from an arcane tax law subject to a popular election year issue this autumn. Transfer pricing is a significant area of scrutiny for the IRS, and recent Federal Circuit case law has resulted in dramatically reduced damages for infringement of offshored patents, say Vikram Iyengar and Charlene Morrow of Fenwick & West LLP.