A former plaintiff in a $50 million settlement over claims that Eli Lilly & Co's Zyprexa drug gave patients diabetes can pursue malpractice claims against a firm he says didn’t have his best interests at heart, a California federal court said Thursday.
Private-equity backed artificial joint maker ConforMIS Inc. hid problems with its knee joint replacement systems in advance of its $121 million initial public offering, failing to disclose the manufacturing defect until it issued a recall months later, shareholders have claimed in a proposed class action.
A California federal judge on Thursday dismissed a lawsuit accusing directors of Impax Laboratories Inc. of doing nothing to correct warnings about its drugmaking quality safeguards and fibbing about its efforts, holding that the plaintiffs must establish they made demands in the boardroom before turning to the courtroom.
Johnson & Johnson has suffered a string of defeats in trials alleging children developed a horrific skin condition after taking the company's over-the-counter pain reliever Children's Motrin, a record attorneys say puts the company at a disadvantage as it heads to a trial slated to start Tuesday in Pennsylvania federal court.
A plaintiff suing Johnson & Johnson subsidiary Ethicon Endo-Surgery Inc. over a surgical stapler he says misfired and injured him has asked the Sixth Circuit to revive his claims, saying the suit should proceed in the U.S., not Germany where he lives.
GlaxoSmithKline LLC asked the Third Circuit to cement its win on Friday over allegations the company bilked patients by selling its diabetes drug Avandia without disclosing associated heart risks, saying the plaintiff had shown neither injury nor causation.
As summer comes to its unofficial end, so does a vibrant period in deal-making that saw seven of the transactions inked between Memorial Day and Labor Day land among the biggest plays so far this year. Here, Law360 takes a look at the summer's largest tie-ups and the law firms that steered them.
Allergan PLC will shell out $300 million for its latest acquisition, building out its eye treatment platform with the addition of venture capital-backed AqueSys Inc. and its implantable device for alleviating eye pressure related to glaucoma, the companies said on Thursday.
A woman suing alternative medicine maker Hyland's Inc. for false advertising in a $350 million class action trial told a California federal jury Thursday that contrary to packaging claims, the company’s sleep aids and other homeopathic remedies “did nothing” for her and her children.
A couple suing Johnson & Johnson and a subsidiary over its Children's Motrin product argue that the U.S. Supreme Court's landmark Bartlett ruling doesn't block their design defect claims against the branded-drug makers in an upcoming trial over the painkiller's alleged risks of causing Stevens-Johnson syndrome.
GlaxoSmithKline PLC told an Illinois federal court Wednesday to exclude the expert introduced by the widow of a Reed Smith LLP partner who allegedly committed suicide after taking a generic version of its antidepressant Paxil, claiming he has no reliable scientific methodology to support his claims.
Undaunted by recent decisions rejecting its petitions for America Invents Act reviews of two patents on Acorda Therapeutics Inc.'s multiple sclerosis drug Ampyra, an organization run by hedge fund manager Kyle Bass filed new AIA challenges to those patents and two others on Wednesday and Thursday.
The organization run by hedge fund manager Kyle Bass that has challenged many drug patents under the America Invents Act fired back Wednesday at Celgene Corp.'s request that it be sanctioned for abusing the system, saying that its reviews promote the "socially valuable purpose" of lowering drug prices.
Sanofi SA unit Genzyme Corp. agreed Thursday to a roughly $32.5 million fine to resolve criminal charges that it encouraged surgeons to use its Seprafilm surgical product in unapproved ways that contaminated it, and suggested without enough proof that it was safe for certain cancer surgeries.
A California federal judge has denied approval of a nearly $3 million settlement between CVS Pharmacy Inc. and a proposed class of pharmacists claiming they were denied overtime wages, over concerns the settlement amount is too low.
Avalanche Biotechnologies Inc. and a putative class of investors suing the company over a stock drop they claim were due to misrepresentations about a vision treatment’s clinical trial design asked a California federal judge Wednesday to consolidate three cases into a single proceeding.
VisionAid Inc. requested on Wednesday that the First Circuit seek guidance from the Massachusetts Supreme Judicial Court to determine whether an attorney hired by its insurer suffers from a conflict of interest in handling VisionAid's claim that a fired executive stole $400,000.
A New Jersey federal judge said Wednesday she won’t reconsider a decision denying Johnson & Johnson unit Janssen Pharmaceuticals judgment in a proposed class action over alleged junk faxes that violate the Telephone Consumer Protection Act, finding that a recent Sixth Circuit opinion doesn’t change the law.
Sandoz Inc. on Thursday began U.S. sales of anti-infection biosimilar Zarxio, offering a 15 percent discount on Amgen Inc.’s Neupogen in a milestone for efforts to rein in sky-high spending on specialty prescription drugs.
Brinks Gilson & Lione said that it has strengthened its life sciences group in its North Carolina office with the addition of four attorneys and one patent agent from Womble Carlyle Sandridge & Rice LLP and has bolstered its Chicago office with an ex-Katten Muchin Rosenman LLP attorney.
The U.S. Environmental Protection Agency ushered in a new era with the recent release of a proposed rule for streamlining waste management practices. While there will be much to parse and scrutinize in the proposed rule, it could finally cure the ill-suited regulatory patchwork that currently applies to the management of hazardous waste pharmaceuticals, say attorneys at Troutman Sanders LLP.
New guidance from the U.S. Health Resources Services Administration clarifying certain definitions integral to the 340B Drug Pricing Program will significantly limit the number of patients eligible to receive 340B drugs, leading to substantial increases in drug costs for many participating health care providers and potentially significant economic consequences, says Kristi Kung at Pillsbury Winthrop Shaw Pittman LLP.
In just the first 10 days of July, there were 12 federal court decisions on patent eligibility under Section 101. By the end of July there were 21 decisions, with 17 — 81 percent — invalidating 36 patents, says Robert Sachs of Fenwick & West LLP.
In AngioScore v. TriReme Medical the district court for the Northern District of California articulates the principles of the corporate opportunity doctrine in a manner that should serve as a valuable resource for general counsel to life sciences companies, academic medical centers and other entities that often seek to commercialize health-related technology, says Michael Peregrine at McDermott Will & Emery LLP.
In Ariosa Diagnostics Inc. v. Sequenom Inc., Federal Circuit Judge Richard Linn spoke effusively about a groundbreaking invention useful in noninvasive prenatal testing that was “deserving of patent protection.” He wrote this in an opinion concurring that the invention was ineligible for patent protection. Who is responsible for such a seemingly anomalous result? asks David Gass of Marshall Gerstein & Borun LLP.
The U.S. Food and Drug Administration's recently issued warning over Hospira Inc.'s medical devices is the first time the FDA has recommended discontinuing use of a specific medical device based on cybersecurity concerns. The alert indicates the seriousness of both the vulnerabilities in Hospira devices and the FDA's concern over cybersecurity, says William O'Connor of Baker Donelson Bearman Caldwell & Berkowitz PC.
The aftermarket for consumable products — e.g., disposable printer cartridges, razor cartridges, single-serving coffee pods — can be significant and oftentimes more profitable than the sales of the corresponding base products. The high profit margins, however, create an incentive for generic imitations. Fortunately, patent protection can help deter competitors, say Larry Green and Andrea Merin of Wolf Greenfield & Sacks PC.
Interestingly, in Coalition for Affordable Drugs v. Acorda, the Patent Trial and Appeal Board was able to deny institution without addressing the issue of CFAD’s alleged abuse of process that was raised by the patent owner. But with more institution decisions in the queue, it may not be long before the issue is addressed, say members of Foley & Lardner LLP.
A recent survey across various industries showed that 73 percent of companies agreed that arbitration is their preferred mechanism for dispute resolution. Arbitration of a patent dispute, especially those with international overtones and complicated subject matter, provides many of the benefits of a courtroom decision with some additional features, say JAMS member Ron Dimock and Michael Rubinger of Dimock Stratton LLP.
A subpoena from the Federal Trade Commission can be unnerving and may appear daunting in the scope of its requests. Negotiations with the FTC regarding scope of discovery, time frames and even format of production can assist in reducing the burden for companies, say Julie Flaming and Katie Smith of Nelson Mullins Riley & Scarborough LLP.