Life Sciences

  • September 4, 2015

    Malpractice Challenge In $50M Eli Lilly Settlement Stands

    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.

  • September 4, 2015

    Artificial Joint Co. Hid Issues Before $121M IPO, Suit Claims

    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.

  • September 4, 2015

    Impax Board Dodges Suit Over Bugs In Its Drugs, For Now

    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.

  • September 4, 2015

    Past Defeats Bode Ill For J&J In Pa. Children's Motrin Trial

    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.

  • September 4, 2015

    6th Circ. Told Ethicon Surgical Stapler Suit Belongs In US

    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.

  • September 4, 2015

    GSK Tells 3rd Circ. To Uphold Dismissal Of Avandia Suit

    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.

  • September 4, 2015

    Inside The Summer’s Hottest M&A Plays

    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.

  • September 4, 2015

    Allergan To Pay $300M For Glaucoma Treatment Developer

    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. 

  • September 3, 2015

    Hyland's Faces Disappointed Mom In $350M False Ad Trial

    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.

  • September 3, 2015

    Motrin Plaintiffs Say Bartlett Doesn't Block All Defect Claims

    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.

  • September 3, 2015

    GSK Fights To Block Expert For Reed Smith Atty's Widow

    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.  

  • September 3, 2015

    Despite Denial, Bass Launches New Attack On Acorda Patents

    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.

  • September 3, 2015

    Bass Blasts Sanctions Bid, Says Drug AIA Reviews Aid Public

    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.

  • September 3, 2015

    Genzyme Pays $32.5M Criminal Fine For Seprafilm Marketing

    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.

  • September 3, 2015

    Judge Rejects $3M CVS Wage Settlement With Pharmacists

    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.

  • September 3, 2015

    Avalanche, Investors Ask To Consolidate Stock Drop Suits

    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.

  • September 3, 2015

    VisionAid Asks Mass. High Court About Atty Conflict Claim

    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.

  • September 3, 2015

    J&J Unit Can't Get Judge To Reconsider Bid To Nix TCPA Suit

    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.

  • September 3, 2015

    Sandoz Launches First Biosimilar At 15% Discount

    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.

  • September 3, 2015

    Brinks Gilson Adds Womble Carlyle, Katten Muchin Attys

    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.

Expert Analysis

  • EPA's Hazardous Waste Rule Is Just What The Doctor Ordered

    Gregory W. Blount

    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.

  • 340B Omnibus Guidance Could Lead To Increased Drug Costs

    Kristi V. Kung

    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.

  • Patent Invalidity Rates: The Summertime Blues Continue

    Robert Sachs

    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.

  • The Tension Between Corporate Opportunity And Innovation

    Michael W. Peregrine

    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.

  • How Sequenom Lost Patent Protection For Fetal DNA Test

    David A. Gass

    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.

  • How Concerned Is FDA Over Cybersecurity? Look To Hospira

    William R. O'Connor

    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.

  • Using Patents To Secure Repeat Customers

    Andrea Merin

    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.

  • The Road Ahead For Kyle Bass's IPRs

    Kristel Schorr.jpg

    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.

  • 7 Benefits Of Arbitration In A Patent Dispute


    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.

  • Tips For Responding To An FTC Subpoena

    Julie A. Flaming

    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.