A Pennsylvania federal judge on Monday issued a second order finding heart monitoring company MedTel24 Inc. in contempt of a consent judgment in a patent infringement case brought by CardioNet LLC, but he stopped short of issuing sanctions against it.
Pozen Inc. has urged the Patent Trial and Appeal Board to reject the latest attempt by an organization tied to hedge fund manager Kyle Bass to obtain an America Invents Act review of a patent covering the arthritis medication Vimovo, saying Bass' group didn’t show that it will succeed in invalidating the patent.
Proctor & Gamble recently urged the Eleventh Circuit not to revive multidistrict litigation claiming that zinc in Fixodent denture glue can cause neurological damage, saying a lower court didn’t err in concluding scientific evidence submitted by the denture users was too unreliable.
A California federal judge on Wednesday refused to disqualify 12 law firms representing retailers in pay-for-delay multidistrict litigation over the Lidoderm pain relief patch, saying plaintiffs’ attorneys’ use of a privileged document mistakenly handed over by Japanese drugmaker Teikoku did not warrant disqualification.
Bio-Rad Laboratories Inc. is planning to ask the Ninth Circuit to immediately review a California federal court’s recent refusal to toss claims in its former general counsel’s whistleblower suit alleging he was fired after reporting that company leadership potentially engaged in overseas bribery.
The Medicines Co. on Tuesday asked the Federal Circuit to reopen a case in which it reversed an infringement ruling against Mylan Inc. for a patent for the anticoagulant Angiomax, as the court has agreed to reconsider the patent’s validity in another suit.
An Atlanta jury hit Wright Medical Technology Inc. with an $11 million verdict Tuesday in the first bellwether trial in multidistrict litigation over its allegedly defective metal hip implant, finding that the plaintiff's implant was defective and that the company had misrepresented the safety of the device.
A California federal judge permanently dismissed a securities class action against supplement company Herbalife on Tuesday after finding that multiple opportunities to amend didn't get investors any closer to plausibility on their allegations that the company lied when it denied being a pyramid scheme.
China-based research and development service provider WuXi PharmaTech on Wednesday said that its shareholders have approved a $3.3 billion deal with a consortium of private equity investors and the company’s founders that will take the company private.
Kimberly-Clark urged a Wisconsin federal judge not to revive a rival’s claim that patent lawsuits instigated by the Pull-Ups maker demonstrate anti-competitive behavior, telling the judge Tuesday that First Quality is recycling old arguments.
A Delaware federal judge on Wednesday shot down Dr. Reddy’s Laboratories Inc.’s attempt to keep selling its generic version of AstraZeneca’s trademarked purple pill, the heartburn drug Nexium, following a temporary restraining order against the Indian company earlier this month.
Hedge fund manager Kyle Bass and self-described "patent troll" Erich Spangenberg challenged another drug patent Tuesday, this time taking aim at Citius Pharmaceuticals Inc.'s obesity drug Suprenza with an inter partes review petition filed under their own names, rather than the group they formed to challenge other patents.
In Law360's look at the latest session of the World Trade Organization's Dispute Settlement Body held Wednesday, Brazil's case against Indonesia's poultry ban hits a speed bump as members continue squabbling over older disputes focused on biotechnology, e-commerce and trademarks.
Oregon’s attorney general succeeded Wednesday in persuading a state appellate court to revive allegations that Johnson & Johnson broke the rules with an undisclosed “phantom recall” of defective batches of its painkiller Motrin that didn’t dissolve quickly enough.
A former Bank of New York Mellon manager who was sentenced to six months in prison for trading on illegal stock tips from a Merck analyst has reached an undisclosed settlement with the U.S. Securities and Exchange Commission in a related civil case, lawyers for the agency said Wednesday.
Mylan Pharmaceuticals Inc. has said it will ask a New Jersey federal judge to dismiss AstraZeneca’s patent suit over the generic-drug maker’s attempt to market a generic version of its Faslodex breast cancer treatment, arguing the court lacks jurisdiction in the case because the parties involved have no connection to New Jersey.
Following years of increasing popularity among companies seeking to escape the long arm of U.S. taxes, inversion deals are in the hot seat after Pfizer Inc. announced a blockbuster merger with Irish drugmaker Allergan PLC on the tail of the IRS' new attempts to halt the practice. So how did we get here? Here’s what you need to know.
Bain Capital is selling $116 million worth of shares in motorcycle and scooter seller Hero MotoCorp Ltd., Syngenta AG is mulling potential takeovers, joint ventures or asset sales and German real estate giant Deutsche Wohnen AG is buying a residential property portfolio worth more than $1 billion.
Nicholas P. Groombridge of Paul Weiss Rifkind Wharton & Garrison LLP argued a monumental biosimilars case at the Federal Circuit and secured a historic victory for Amgen and the entire industry of brand-name biologics, placing him among Law360’s Life Sciences MVPs of 2015.
Chicago's latest complaint accusing major pharmaceutical companies of downplaying the risks of long-term use of opioid painkillers has a stronger chance of surviving the pleading stage, as attorneys say new details focusing on doctors the drugmakers allegedly worked with to promote the drugs will likely persuade a court to allow the city to press its case.
Several developments over the past few months caught the eye of Jim Maiwurm, chairman emeritus of Squire Patton Boggs. Try as he might, he could not resist the temptation to comment on a few — such as the expansion of the Dentons “polycentric” empire, a confused verein controversy, and provocative suggestions that the law firm partnership model is a dinosaur.
The Federal Circuit's majority opinion in ClearCorrect seems to provide a sweeping pronouncement regarding U.S. International Trade Commission jurisdiction, but the ITC likely will read the opinion narrowly to simply stand for the proposition that, where the only imported item is digital data that is transferred electronically from outside the U.S., the agency does not have jurisdiction, say Lyle Vander Schaaf and Yashas Honasoge o... (continued)
The amendments to the Federal Rules of Civil Procedure scheduled to take effect Dec. 1 are designed to usher in a new era in the U.S. litigation system, this time acknowledging that what was once known as “e-discovery” is now just discovery. The amendments are sweeping in scope, but none is more important than the revised Rule 37(e), say Gregory Leighton and Eric Choi of Neal Gerber & Eisenberg LLP.
Recognizing that defendants have no duty and little incentive to object to an inflated class counsel fee request, and that class counsel have every incentive to increase their fees, Judge Richard Posner and the Seventh Circuit have filled this void by directing “intense judicial scrutiny” of class counsel fee awards. In doing so, the court identified issues all counsel now should consider when crafting a class action settlement, sa... (continued)
A growing number of attorneys and firms are eschewing tradition by embracing technology to change not only the way we work, but also the way we organize our offices, says Anthony Johnson, founder and CEO of American Injury Attorney Group.
Over the past 35 years, Joe Kanka has experienced the corporate legal department from many angles, including management positions at a major law firm litigation support center, two legal staffing companies, and inside AT&T and Bell Atlantic. Here, he shares his 13 key business objectives that corporate legal departments must strive for in today’s business environment.
Laws prohibiting nonfunctional slack-fill in product packaging have existed for many years, mostly unnoticed. In recent years, however, district attorneys’ offices and the plaintiffs bar have increasingly initiated slack-fill litigation seeking recovery from a broad range of manufacturers, say attorneys at Sidley Austin LLP.
Now that the government has brought criminal charges under the Health Insurance Portability and Accountability Act against Warner Chilcott employees as well as a physician practice owner for alleged unlawful access to, and disclosure of, patient medical records, providers and vendors should re-examine their existing HIPAA policies, says Ellen Janos of Mintz Levin Cohn Ferris Glovsky and Popeo PC.
The Federal Circuit’s recent decision in Momenta v. Teva is significant because it not only narrows the scope of safe harbor protection for post-approval conduct but also seemingly eliminates such protection for research tools patents, say Brian Coggio and Ron Vogel of Fish & Richardson PC.
With companies continuing to face liability for using warnings specifically dictated by the U.S. Food and Drug Administration, a growing number of courts are taking a fresh look at the bounds of conflict preemption, and the results are promising. Two recent cases reinforce the viability of the preemption defense, and the defense is featured in two key appeals awaiting resolution, say Annie Wang and Natasha Wilson at Covington & Burling LLP.