Life Sciences

  • August 29, 2014

    $3B Lilly Case Spotlights Drug Promoters' Labeling Quandary

    A Louisiana federal judge's decision to uphold a jury verdict awarding $3 billion in punitive damages against Eli Lilly & Co. in an Actos personal injury trial sends a stark warning that companies that co-promote a drug can be held liable for failing to warn of its potential risks, even if they're not responsible for changing the product's labeling.

  • August 29, 2014

    Ex-Arthrocare CEO Gets 20 Years In $756M Fraud Case

    A Texas federal judge on Friday sentenced the former CEO of Arthrocare Corp. to 20 years in prison and the company's ex-CFO to 10 years after they were convicted of perpetrating a securities fraud that is now estimated at about $756 million, according to authorities. 

  • August 29, 2014

    Texas High Court Won't Overturn Fraudster's Disbarment

    The Texas Supreme Court on Friday again rejected a bid by a disbarred lawyer to reinstate his law license after he was convicted in a fraud scheme involving a medical device company and sentenced to 20 years in prison.

  • August 29, 2014

    IPO Filings Soar In Late-August Heat

    Initial public offering activity was back in action this week with 12 companies packing into the pipeline, including a slew of biotech firms, a Blackstone Group LP-backed solar energy firm and a real estate investment trust that may make the largest debut of its kind.

  • August 29, 2014

    Sandoz's Remodulin Generic Infringes UTC Patent, Judge Says

    A New Jersey federal judge on Friday found that Sandoz Inc.’s proposed generic version of the hypertension drug Remodulin infringes one of two United Therapeutics Corp. patents, rejecting Sandoz's contention that contested claims of both patents are invalid.

  • August 29, 2014

    Feds Rip PhRMA's Free Speech Claims In FCA Off-Label Suit

    The U.S. Department of Justice is urging a California federal judge to reject free speech arguments advanced in a False Claims Act case by Pharmaceutical Research and Manufacturers of America, adding more fuel to a fiery debate surrounding punishment of off-label promotion.

  • August 29, 2014

    Takeda Challenges Claim Construction Rule At High Court

    Takeda Pharmaceutical Co. Ltd. has asked the U.S. Supreme Court to nix the Federal Circuit’s reversal of an infringement finding against Zydus Pharmaceuticals USA Inc. over its planned generic of the acid reflux drug Prevacid SoluTab, arguing the appeals court shouldn’t be allowed to freshly review claim constructions.

  • August 29, 2014

    Taxation With Representation: Gibson Dunn, Cravath, Wachtell

    In this week's Taxation With Representation, Wachtell helps Tim Hortons combine with Burger King into a fast-food juggernaut, while Cravath guides California biotech company InterMune on its $8.4 billion sale to Roche.

  • August 29, 2014

    Boston Scientific Wins 2nd Pelvic Mesh Bellwether Trial

    A Massachusetts jury sided with Boston Scientific Corp. on Friday in the second bellwether trial involving the company’s pelvic mesh devices, finding that a transvaginal sling was not defectively designed and the company adequately warned of risks associated with the device.

  • August 29, 2014

    Dealmakers Q&A: WilmerHale’s Brian Johnson

    We are seeing an uptick in renewed venture investing in earlier-stage and new life sciences and biotechnology companies. These new companies could form the basis for the next crop of initial public offerings in future years, says Brian Johnson, co-chairman of Wilmer Cutler Pickering Hale and Dorr LLP’s capital markets group.

  • August 28, 2014

    More Deals Expected This Fall As Economy Pushes M&A Surge

    The surge in mergers and acquisitions activity over the first half of the year is expected to continue into the fall, with more deals expected in the health care and telecommunications sectors, M&A attorneys say.

  • August 28, 2014

    Takeda, Eli Lilly Stuck With $9B Actos Verdict

    A Louisiana federal judge on Thursday denied a Takeda Pharmaceutical Co. Ltd. and Eli Lilly & Co. bid to overturn the $9 billion verdict in a bellwether trial over allegations the companies hid the cancer risks of diabetes drug Actos, upholding the jury's punitive damages award.

  • August 28, 2014

    Prestige Must Shed Bonine To Win FTC Nod On $750M Deal

    The Federal Trade Commission will require pharmaceutical company Prestige Brands Holdings Inc. to divest assets connected with the motion sickness drug Bonine to resolve competition concerns over its proposed $750 million acquisition of Insight Pharmaceuticals LLC, the agency said Thursday.

  • August 28, 2014

    Apotex Says Generic Paxil Suit Should Be Tossed

    Apotex Inc. asked a New Jersey federal court to throw out a contract suit against it by rival Mylan Inc., claiming the company can’t show Apotex acted with malice in continuing to sell generic versions of the antidepressant Paxil that it obtained from GlaxoSmithKline PLC.

  • August 28, 2014

    Lannett Faces Shareholder Suit Over Price-Fixing Scheme

    A shareholder on Wednesday filed a securities class action against generic-drug maker Lannett Company Inc. in a Pennsylvania federal court, saying Lannett’s executives hid a scheme to fix the prices of the drug digoxin that led to its stock tanking when news of an investigation came out.

  • August 28, 2014

    Inventor Fires Back At Patterson Belknap In Surgical IP Row

    A retired physician urged a Pennsylvania federal court on Wednesday not to grant Patterson Belknap Webb & Tyler LLP and an ex-associate summary judgment in a suit accusing them of improperly sharing his proprietary surgical stapling technology, calling it a "relatively simple" case of misappropriation of trade secrets.

  • August 28, 2014

    Novartis Hits Zydus With Patent Suit Over Dementia Patch

    Novartis AG slapped Zydus Pharmaceuticals (USA) Inc. with patent infringement suits in Delaware and New Jersey federal courts on Wednesday, claiming Zydus' proposed generic version of the Exelon patch, which is used to treat Alzheimer’s disease and dementia, infringes on Novartis’ patents.

  • August 28, 2014

    CMS Gets Heat On Elimination Of Sunshine Act Exemption

    The Centers for Medicare and Medicaid Services is facing heavy pressure from doctors to modify its plan to subject the financial support by drug and device makers of continuing medical education to disclosure under the Physician Payments Sunshine Act, records show.

  • August 28, 2014

    Two More Biotechs Enter IPO Pipeline, One Revives Plans

    Two more biotech firms announced plans Wednesday to tap the public markets to fund development, bringing the total of new additions to the pipeline this week up to six as a lull in initial public offering activity for the sector comes to an end.

  • August 28, 2014

    Seeking Retrial, Stock Scheme Atty Says Gov't Hid SEC Docs

    An attorney convicted of participating in former NFL player Willie Gault's scheme to inflate a heart-monitoring company's stock took another shot at a retrial Wednesday, telling a Florida federal judge that newly produced U.S. Securities and Exchange Commission documents reveal the government suppressed evidence.

Expert Analysis

  • 5 Reasons Large Companies Are Turning To Boutique Firms

    David M. Levine

    The departure of attorneys from large firms is a trend that has increased as a result of the Great Recession and its aftermath, and boutique firm partners who previously worked at large firms understand the potential large-firm pitfalls, say attorneys with Levine Kellogg Lehman Schneider & Grossman LLP.

  • Ebola, ZMapp, And The §101 Guidance

    Gregory S. DeLassus

    As the world cheers what appears to be the early success of ZMapp, the experimental anti-Ebola virus antibodies developed by San Diego-based biotech startup MappBio, one consideration that has not gotten much press-ink is the relevance of U.S. patent law to this startling and inspiring technology, says Greg DeLassus of Harness Dickey & Pierce PLC.

  • How To Protect In-House Legal Privilege Internationally

    Martje Verhoeven-de Vries Lentsch

    Many companies regularly communicate with in-house legal advisers all over the globe. Are these communications privileged? By answering five questions, companies and attorneys can perform a high-level, initial assessment of legal privilege protection in a multijurisdictional context, says Martje Verhoeven-de Vries Lentsch of De Brauw Blackstone Westbroek and Haynes and Boone LLP.

  • Perils Of Communicating With Customers By Phone Or Text

    Given the large number of calls that can be made electronically, damages for Telephone Consumer Protection Act violations can run into the millions. In this short video, Sutherland partner Lewis Wiener discusses the TCPA and how businesses that communicate with customers by phone or text may be impacted.

  • India Enters The 'Pay-For-Delay' Fray

    Seth Silber

    India’s newly proactive competition authority has begun scrutinizing and investigating pharmaceutical patent settlement agreements between brand and generic firms for potential anti-competitive effects, and its analysis of such agreements is likely to parallel the enforcement policies in the United States, say attorneys with Wilson Sonsini Goodrich & Rosati PC.

  • Post-AbbVie: Written Description And Functional Claiming

    Elizabeth Weiswasser

    The Federal Circuit’s opinion in AbbVie Deutschland GmbH & Co. v. Janssen Biotech Inc. is an important refinement of decades of jurisprudence as it continues to grapple with the validity of claims to classes of biologic and chemical compounds defined by their function rather than structure, say Elizabeth Weiswasser and Megan Wantland of Weil Gotshal & Manges LLP.

  • Gilead And Potential Unforeseen Consequences: Part 2

    Carl Morales

    While some will debate whether the Federal Circuit’s holding in Gilead Sciences Inc. v. Natco Pharma Ltd. is an expansion of obviousness-type double patenting or a redefinition of how patents qualify for ODP post-URAA, the decision seems to conflict with recent Federal Circuit opinions having similar facts, say Carl Morales and Samuel Abrams of Dechert LLP.

  • Using Post-Grant Proceedings To Challenge Pharma Patents

    William R. Haulbrook

    Thanks to the Leahy-Smith America Invents Act, there are now a variety of ways to challenge the validity of a U.S. patent and, while it can be difficult to develop a strategy against biological/pharmaceutical patents, there is some conventional wisdom beginning to emerge, says William Haulbrook of Choate Hall & Stewart LLP.

  • 4 Trends In FTC Antitrust Regulation And Enforcement

    Leslie John

    The Federal Trade Commission has increasingly challenged conditional pricing practices, but without articulating a bright-line rule. Practitioners should always consider whether the economic realities of a client’s industry lends itself to one analysis over the other, say attorneys with Ballard Spahr LLP.

  • Gilead And Potential Unforeseen Consequences: Part 1

    Carl Morales

    A more thorough understanding of the Federal Circuit's decision in Gilead Sciences Inc. v. Natco Pharma Ltd. can assist patent practitioners and their clients in identifying current and future obviousness-type double-patenting situations not previously envisioned, say Carl Morales and Samuel Abrams of Dechert LLP.