Life Sciences

  • August 25, 2016

    PE-Backed IBA Molecular Pays $690M For Nuclear Imaging Biz

    Private equity-backed radiopharmaceuticals products maker IBA Molecular has agreed to buy the nuclear imaging business of Irish drugmaker Mallinckrodt PLC in a deal worth $690 million, the companies said on Wednesday.

  • August 25, 2016

    Mylan's Changes To EpiPen Prices A 'PR Fix,' Senator Says

    Mylan NV on Thursday said it would be expanding its program to help customers pay for its epinephrine injector EpiPen, in a move U.S. Sen. Richard Blumenthal, D-Conn., and America's Health Insurance Plans called inadequate to address its more than 400 percent increase of the drug’s price over seven years.

  • August 24, 2016

    PTAB Scraps 2 Teva Copaxone Drug Patents After Review

    The Patent Trial and Appeal Board has invalidated two patents licensed to Teva Pharmaceuticals USA Inc. for its multiple sclerosis drug Copaxone following an inter partes review proceeding initiated by Mylan NV, the latter company announced Wednesday.

  • August 24, 2016

    Calif. Theranos Actions Combined Into Single Suit

    A California federal judge has consolidated six proposed class actions against embattled blood-testing startup Theranos Inc. and Walgreens Boots Alliance Inc. alleging fraud and false advertising over the accuracy of the laboratory’s blood test results after determining consolidation would “save time and effort.”

  • August 24, 2016

    Drugmaker MannKind Beats Shareholder Securities Suit

    A California federal judge on Tuesday tossed a shareholder suit accusing specialty pharmaceutical company MannKind Corp. of issuing false or misleading statements in connection with poor sales of its lone product, a diabetes drug, saying investors failed to prove the company did so.

  • August 24, 2016

    DOJ Gets Kickback Case Revived Against Medical Supplier

    A Massachusetts federal judge responded to U.S. Department of Justice prodding by reviving a False Claims Act suit over health product supplier CCS Medical Inc.'s alleged illicit acceptance of kickbacks, concluding Wednesday that a safe harbor may not apply.

  • August 24, 2016

    Clinton, AMA Join Backlash Against EpiPen Price Hikes

    Hillary Clinton, the American Medical Association and U.S. Sen. Richard Blumenthal, D-Conn., on Wednesday joined the chorus of outrage against Mylan NV for increasing the price of its epinephrine injector EpiPen from $100 in 2009 to at least $500 or $600 in 2016.

  • August 24, 2016

    Canada, Lilly Make Last Pleas In Patent Policy NAFTA Row

    Drug manufacturer Eli Lilly & Co. and Canada’s government have made their final arguments to a World Bank tribunal over whether decisions by Canadian courts to terminate two of the company's patents violate the North American Free Trade Agreement, briefs made public this week show.

  • August 24, 2016

    Medicare Settlements In Tainted Steroids MDL Get Early OK

    A federal judge in Boston on Wednesday gave provisional approval to a resolution of Medicare liens in the 2012 fatal meningitis outbreak linked to a local pharmacy, clearing an important hurdle to victims receiving settlement checks.

  • August 24, 2016

    Actavis Uses Nautilus To Ax Claims In Horizon Pennsaid Case

    Some claim terms of patents for osteoarthritis drug Pennsaid that Horizon Pharma asserted against Actavis are indefinite, a New Jersey federal judge has found, including a common phrase that presented an issue of first impression following the U.S. Supreme Court’s Nautilus ruling.

  • August 24, 2016

    Drugmaker Had Too Much Control To Duck $6M Tax Deficiency

    A U.S. Tax Court judge sided with the IRS Wednesday in holding a drug delivery expert to a $5.8 million tax deficiency because he maintained too much control over technology he developed to write off the royalties as capital gains instead of ordinary income.

  • August 24, 2016

    Express Scripts Must Face Pharmacies’ Antitrust Claims

    A Missouri federal court on Wednesday denied a bid by Express Scripts to dismiss an antitrust lawsuit brought by compounding pharmacies, saying they had adequately alleged the company engaged in a conspiracy to boycott the pharmacies to eliminate them from the market.

  • August 24, 2016

    Toronto Exchange Owner Funds New Tech Growth Group

    Toronto Stock Exchange owner TMX Group said Wednesday it is funding an independent group, scheduled for launch in September, to help increase access to growth capital for emerging Canadian companies in the clean technology, life sciences and advanced manufacturing sectors.

  • August 24, 2016

    Zydus Can't Escape Wrongful Death Suit, Judge Says

    Zydus Pharmaceuticals can’t escape a wrongful death suit alleging the company negligently violated federal health statutes by not providing medication guide provisions, a Wisconsin federal judge said on Tuesday.

  • August 24, 2016

    Cephalon, Sagent Ink Deal In Generic Cancer Drug Fight

    Cephalon Inc. has reached a licensing and settlement agreement with Sagent Pharmaceuticals Inc. to resolve a patent infringement suit over Sagent’s plans to market a generic version of Cephalon’s top-selling leukemia drug Treanda, according to documents filed in Delaware federal court Tuesday.

  • August 24, 2016

    Dexcom Suit Says It's Not Poaching InSpark Glucose Patents

    Glucose-monitoring technology concern Dexcom Inc. checked into Delaware federal court Wednesday with a complaint seeking a declaratory judgment that it is not infringing three patents controlled by rival InSpark Technologies Inc.

  • August 24, 2016

    Omnicare Can't Kick Whistleblower's $421M FCA Suit

    A Massachusetts federal judge on Tuesday refused to let Omnicare Inc. escape from two whistleblowers’ False Claims Act suit accusing the health care company of entering into a six-year kickback agreement with drug manufacturer Organon, concluding that too many questions remain about its conduct.

  • August 24, 2016

    3rd Circ. Backs Bigger Damages For Infringement Of Rare Pics

    The Third Circuit on Wednesday upheld a $1.6 million copyright damages verdict in favor of photographer Andrew P. Leonard, crediting a damages expert's contention that his rare images of stem cells, which were widely replicated without permission by defendant Stemtech International Inc., were worth more than regular photos.

  • August 24, 2016

    Prolias Suit Against PDI Tossed For Not Getting New Counsel

    A New Jersey state judge has tossed a lawsuit against the health care company formerly known as PDI Inc. from Prolias Technologies, Inc. over their discontinued agreement to launch a diagnostic test for thyroid cancer, because Prolias did not obtain new counsel when its former attorneys withdrew from the case after not getting paid.

  • August 24, 2016

    Lilly Fights Brazilian Agency Wading Into Arch Squabble

    A proposed request by Arch Specialty Insurance for a Brazilian insurance regulator to weigh in on the legality of coverage of Eli Lilly’s Brazilian entity for lawsuits over contamination at a former plant near Sao Paulo is not only unprecedented, but completely unauthorized, Lilly told an Indiana federal judge Tuesday.

Expert Analysis

  • FTC Alums: Retail Mergers Reflect New Approaches At FTC

    Joshua D. Wright

    The Federal Trade Commission is poised to take the next step — perhaps the most significant one in its century-long history — in the evolution of its approach to merger enforcement. This evolution is apparent in the context of retail markets, as illustrated by FTC decision-making and analysis in the recent Safeway and Family Dollar transactions, say former FTC Commissioner Joshua Wright and Theodore Serra of Wilson Sonsini Goodrich & Rosati PC.

  • Pay-For-Delay & Stock Prices: Smoking Gun Or Damp Squib?

    Paul Greenberg

    In their July 29 response to our Law360 article critiquing the stock-price approach to assessing reverse-payment settlements, advocates of the “smoking gun” viewpoint described our position as "incorrect in theory, empirically and legally.” We disagree with this sweeping assertion, say members of Analysis Group Inc.

  • From BigLaw To Your Own Firm: 4 Tips For Legal Startups

    Russell Shinsky

    Highly successful attorneys who are thinking about leaving the safe haven of a large law firm to go out on their own face a number of issues specific to the legal profession. Russell Shinsky, chairman of Anchin Block & Anchin LLP's law firms industry group, shares four pillars of a successful startup law firm.

  • FTC Alums: 5 Institutional Challenges For The FTC

    William E. Kovacic

    The five institutional challenges confronting the Federal Trade Commission deal with fundamental assumptions that guided the agency’s creation. These challenges are policy perennials and will face the agency regardless of who wins the 2016 presidential election, says former FTC Chairman William Kovacic, a professor at George Washington University Law School.

  • 4 Communications Fundamentals For High-Stakes Litigation

    Michael J. Gross

    The court of public opinion can mete out judgments as harsh as those rendered by a court of law, which is why communications professionals and attorneys should be working together to protect their clients’ reputation and advance their legal objectives as litigation proceeds, as well as when decisions or settlements are reached, say Michael Gross and Walter Montgomery at Finsbury.

  • Revolutionizing UK Product Recall Action?

    Alison Newstead

    Billed as “the U.K.’s first central register of electrical appliances,” a new recall database aims to address some of the most commonly reported shortcomings of the current recall system in the United Kingdom. Calls are also being made for swifter action by manufacturers to address safety issues, says Alison Newstead of Shook Hardy & Bacon LLP.

  • FTC Alums: SMARTER Changes To FTC Merger Reviews

    Terry Calvani

    The Standard Merger and Acquisition Reviews Through Equal Rules Act — known as the “SMARTER Act” — simply seeks to codify how the Federal Trade Commission has used administrative litigation for proposed mergers in the past 20 years, and ensures that parties are subjected to the same legal standard when the FTC or DOJ seeks to block a merger, say former FTC Commissioner Terry Calvani and Hiram Andrews of Freshfields Bruckhaus Deringer LLP.

  • Respecting The Rules For Searching Jurors' Social Media

    Steven J. Boranian

    A few months ago, a district judge in the Northern District of California made a unique order in Oracle v. Google, asking parties to voluntarily abstain from searching the jury's social media. Steven Boranian, partner at Reed Smith LLP, discusses the three main rules regarding the searching of jurors' social media, and potential future interactions between juries and the internet.

  • FTC Alums: Focusing On The FTC With 2020 Vision

    Andrew J. Strenio Jr.

    I wish the Federal Trade Commission and its dedicated officials well in their service to the public interest — but I also wish the agency would do still better in its adherence to these principles and in fulfilling the competition and consumer protection missions entrusted to it. That requires the insight to distinguish good intentions from wisdom and busyness from progress, says former FTC Commissioner Andrew Strenio, a partner a... (continued)

  • Risk Management Tips For Attys Serving As Local Counsel

    Patrick S. (Sean) Ginty

    Often, the lead counsel in a case maintains sole contact with the client and makes substantive decisions, relying upon the local counsel only to serve in the requisite capacity to satisfy jurisdictional procedures. Therein lies the problem — absent appropriate precautionary measures, the local attorney faces equal malpractice exposure for the substantive, strategic decisions of the lead counsel, say Patrick (Sean) Ginty of CNA Glob... (continued)