Life Sciences

  • July 22, 2016

    Minor Convictions In Acclarent Trial Raise Major Questions

    A Massachusetts federal jury may have rejected a slew of felony fraud charges against a pair of former executives for medical-device manufacturer Acclarent this week, but its verdict convicting them of 10 misdemeanors may eventually force courts to venture into hazy territory to decide where free-speech rights end and illicit off-label promotion begins.

  • July 22, 2016

    Taxation With Representation: MoFo, Davis Polk, Cooley

    This week’s Taxation With Representation sees Japanese companies expanding into the U.K. and the U.S. while two drug companies team up to develop and market cancer treatments.

  • July 22, 2016

    NBTY Vitamins Falsely Labeled 'Made In USA,' Consumer Says

    A proposed class of consumers told a Florida federal judge Friday that vitamin manufacturer NBTY Inc. deceptively labels its products as "Made in the U.S.A." even though they contain ingredients sourced from other countries.

  • July 22, 2016

    Medtronic IP Expert Barred For Lack Of Mind-Reading Prowess

    An Eastern District of Texas judge has barred a former U.S. Patent and Trademark Office administrative patent judge from testifying for Medtronic in an infringement suit over a spinal device, saying his testimony is speculative and he has no expertise in "retroactive mind reading."

  • July 22, 2016

    Amgen's 'Pointless' Biosimilar Pathway Suit Gets Axed

    A New Jersey federal judge on Friday tossed an Amgen lawsuit aimed at compelling biosimilar makers to engage in talks over patent information, calling the suit “completely pointless” and an improper request for an advisory opinion.

  • July 22, 2016

    Drugmaker Can't Deny Contract, Then Sue Over It, Judge Told

    Antrim Pharmaceuticals LLC told the Illinois federal judge overseeing its breach of contract suit against a contract drug manufacturer to block the manufacturer’s counterclaims, arguing it can't deny the contract and then use it to bring its own claims.

  • July 22, 2016

    Roche Wins Appeal Of $18M Verdict In Accutane Suit

    A New Jersey appeals court on Friday threw out and sent back for trial an $18 million win for two users of Hoffmann-La Roche Inc.'s Accutane who said they developed inflammatory bowel disorders after using the acne drug, finding the trial court improperly allowed suggestive evidence about a label revision.

  • July 22, 2016

    High Court Stays Merck Birth Control Patent Ruling

    Merck & Co. won a freeze of the Federal Circuit’s finding that the company’s patent claim against an Allergan PLC unit related to birth control drugs Safyral and Beyaz is invalid while Merck pulls together a petition for the case to be heard by the U.S. Supreme Court, according to a high court order Thursday.

  • July 22, 2016

    Calif. CVS Pharmacists Not Paid For Training, Suit Says

    A proposed class of pharmacists for CVS Pharmacy Inc. has sued the company in California state court, alleging that it failed to properly compensate regular and overtime wages for completing company-mandated training modules.

  • July 22, 2016

    NJ Man Gets 30 Mos. In $1M Corporate Embezzlement Scheme

    A New Jersey resident who pled guilty to mail fraud charges over a scheme that involved setting up fake vendor companies to sell nonexistent products to an international pharmaceutical company was ordered by a Pennsylvania federal judge Thursday to serve 30 months in prison and pay $1.2 million in restitution.

  • July 22, 2016

    J&J Unit Settles Sinus-Device FCA Suit For $18M

    Johnson & Johnson subsidiary Acclarent Inc. has settled a False Claims Act suit for $18 million, the Department of Justice announced Friday, just two days after two former executives were convicted of 10 misdemeanors for their role in the scheme to introduce a misbranded and adulterated medical device on the market.

  • July 22, 2016

    Anti-Zika Spray Will Hurt Citizens, Puerto Rico Mayor Says

    The mayor of San Juan, Puerto Rico, has filed a lawsuit seeking to stop the Centers for Disease Control and Prevention from conducting an aerial spray of allegedly “toxic” chemicals on the Caribbean island in an effort to combat the Zika virus, saying it posed serious health risks to the population.

  • July 21, 2016

    J&J Unit Fails To Overturn $8M Hip Implant Verdict On Appeal

    A Johnson & Johnson unit can’t undo a jury’s $8.3 million verdict in favor of a retired prison guard who said he was injured by a metal hip implant, a California state appeals court ruled Thursday in a decision that found the verdict was supported by substantial evidence.

  • July 21, 2016

    Fed. Circ. Kills $20M AngioScore Win For Jurisdiction Flub

    The Federal Circuit on Thursday scrapped AngioScore Inc.'s $20 million win on breach of duty claims against a former board member and rival TriReme Medical LLC over a heart catheter design, ruling the California state law claim never should have been heard in federal court.

  • July 21, 2016

    Class Fee In $7.2B Receptos Merger Suit Slashed To $100K

    In the latest test of Delaware standards for merger challenges that end with extra stockholder disclosures and “mootness” fees, the Chancery Court on Thursday slashed a $350,000 attorneys' fee request to $100,000, saying the case delivered no material benefit to the $7.2 billion Celgene Corp.-Receptos Inc. tie-up.

  • July 21, 2016

    Foot Care Co. Can Appeal Trademark Verdict, Judge Rules

    A New Jersey federal judge on Thursday allowed a foot care company to appeal to the Third Circuit its trademark trial loss against the Bayer AG subsidiary that makes the Dr. Scholl's Pain Relief Orthotics product line, saying the jury's recent verdict is a final, appealable judgment.

  • July 21, 2016

    AstraZeneca Sues Aurobindo For Nexium Patent Infringement

    AstraZeneca AB slammed Aurobindo Pharma Ltd. with a patent infringement lawsuit in New Jersey federal court on Wednesday over the generics maker's versions of Nexium, claiming the company should be barred from selling the drugs before AstraZeneca's patents and any additional periods of exclusivity expire.

  • July 21, 2016

    Jones Day, Latham Guide Galenica's $1.5B Relypsa Buy

    Jones Day advised Galenica Inc. in a $1.5 billion acquisition of Silicon Valley-based Relypsa Inc., guided by Latham & Watkins LLP, setting up a deal that would give Galenica's Vifor Pharma unit full global rights to a potassium regulator, the companies said Thursday.

  • July 21, 2016

    Teva Sells Additional $5.4B In Bonds To Buy Allergan Unit

    Israeli drug giant Teva Pharmaceutical Industries Ltd. has tapped European bond markets to raise an additional $5.4 billion, atop a staggering $15 billion U.S. bond earlier this week, seizing favorable debt markets to help fund its $40.5 billion purchase of Allergan PLC's generic drug business.

  • July 21, 2016

    Deals Rumor Mill: Shenhua Group, Engie, Fresenius

    China's Shenhua Group could merge with state-owned China General Nuclear to create a utility giant with $204 billion of assets, Engie plans to sell up to $4 billion worth of its upstream operations and Fresenius has hit a roadblock in its bid to acquire Pfizer's medical devices unit.

Expert Analysis

  • Generic Drug Price Surges Don't Always Point To Collusion

    Ceren Canal Aruoba

    Since 2014, more than 10 class actions have been filed alleging price-fixing conspiracies among numerous generic drug manufacturers. However, while large price increases such as those alleged in these cases may be concerning, they could simply reflect market dynamics and do not necessarily imply any illegal behavior, say Ceren Canal Aruoba and Sally Woodhouse at Cornerstone Research.

  • USPTO Cancer Drug Pilot Program Not Likely To Be Used Much

    Robert W. Esmond

    The U.S. Patent and Trademark Office announced a pilot program to fast-track examination of patent applications directed to cancer immunotherapy inventions as part of the Obama administration's "cancer moonshot" initiative. However, the fast-tracking of drug applications is often not in the best interest of biopharma companies as it eliminates patent term adjustment, say Robert Esmond and Stephanie Elmer of Sterne Kessler Goldstein & Fox PLLC.

  • Stock Prices Aren't Enough For 'Rule Of Reason' Analysis

    Pierre Y. Cremieux

    Stock market evidence should not shortcut the "rule of reason" analysis required for reverse-payment settlements in a post-Actavis world, and is far from the “smoking gun” of anti-competitive effects proclaimed by some advocates, say consultants at Analysis Group Inc.

  • Fed. Circ. Clarifies Doctrine Of Equivalents In ANDA Litigation

    Andrea L.C. Reid

    In its recent holding in Intendis v. Glenmark, the Federal Circuit provided much-needed clarity for pharmaceutical patentees and strengthened the protection drug innovators can expect from patents covering their product formulations. The decision significantly alters the generic formulations playing field, say Andrea Reid, Nicholas Prairie and Joseph Arico of Dechert LLP.

  • Applying Cartier V. BSkyB To UK Life Sciences Patents

    Nicola Dagg

    The English Court of Appeal's recent decision in Cartier International v. British Sky Broadcasting validates the court's wide equitable powers and has practical applications in all fields of intellectual property, including in life sciences patent cases, say attorneys at Allen & Overy LLP.

  • How Law Firms Can Create Next-Generation Office Spaces

    Tere Blanca headshot (1).jpg

    Law firms today are recognizing that the process of creating a next-generation workplace is far more complex than relocating to a more modern space in a trendier part of town. The challenge is more significant for larger firms with multiple generations represented within their executive teams, says Tere Blanca, founder of Miami-based Blanca Commercial Real Estate Inc.

  • As Science Evolves, So Must Political Risk Insurance

    Zachary N. Lerner

    In recent years, traditional political risk insurance coverage has proved insufficient to address the increasing needs and specific risk factors of life sciences companies, giving surplus lines insurance markets the opportunity to craft new and unique forms of coverage, says Zachary Lerner at Locke Lord LLP.

  • Halo Magnifies Patent Infringement Risks In M&A

    Daniel Ilan

    The U.S. Supreme Court's ruling in Halo v. Pulse has changed the landscape of patent infringement risks, and should be taken into account when allocating risks in M&A transactions, including in connection with representations and warranties and associated indemnities, say Daniel Ilan and Shira Borzak of Cleary Gottlieb Steen & Hamilton LLP.

  • Why The Florida Supreme Court Shouldn't Undo Daubert

    Armando G. Hernandez

    In September, the Florida Supreme Court will have the opportunity to approve or reject the use of the Daubert standard in Florida — but it would seem impractical, inefficient and nonsensical for the Supreme Court to declare the last three years of Daubert jurisprudence nothing more than an exercise in futility, says Armando Hernandez at Rumberger Kirk & Caldwell.

  • An Update On Spoliation Sanctions Under Rule 37(e)

    Manuel J. Velez

    Manuel Velez and Colleen Tracy James of Mayer Brown LLP explore how federal district courts have dealt with sanctions for failure to preserve electronically stored information in the six months since changes to Rule 37(e) went into effect.