Life Sciences

  • October 24, 2016

    Bio-Rad Says Ex-GC Whistleblower Testimony Privileged

    Bio-Rad Laboratories Inc. asked a California federal judge on Friday to bar testimony from its former general counsel who is accusing the life sciences company of firing him for raising potential bribery allegations, saying all evidence the lawyer obtained through the course of his work is privileged.

  • October 24, 2016

    Pfizer Can’t Shake Damages Expert In Trade Secrets Trial

    A California judge on Monday rejected Pfizer’s bid to strike an expert witness from testifying in an upcoming jury trial on the amount of damages it should pay after a jury found a Pfizer employee stole seven digital files that contained trade secrets from a California-based research group.

  • October 24, 2016

    InterMune Director Tipped Pal On Drug OK, SEC Tells Jury

    The U.S. Securities and Exchange Commission told a California federal jury Monday that phone records and the timing of trades would prove a former board member at medical company InterMune Inc. had tipped off a friend about the pending approval of the company's lung disease drug before it was public information.

  • October 24, 2016

    Kyle Bass Group Gets 1st Win As PTAB Nixes Gattex Claims

    An organization started by hedge fund manager Kyle Bass to challenge drug patents notched its first victory Friday as the Patent Trial and Appeal Board found that the group had shown that most claims of a patent on Shire PLC's short bowel syndrome drug Gattex are invalid.

  • October 24, 2016

    Teva's Generic Overdose Drug Application Sparks IP Suit

    Irish drugmaker Adapt Pharma Operations Ltd. sued Teva Pharmaceuticals USA Inc. in New Jersey federal court Friday, saying that Teva’s application to sell a generic version of Adapt’s Narcan nasal spray treatment for opioid overdoses infringes the drug’s patent.

  • October 24, 2016

    Listeria Prompts FDA Partial Hold On Cancer Drug Trial

    Cancer immunotherapy developer Aduro Biotech Inc. said Monday that the U.S. Food and Drug Administration has put a partial hold on a clinical trial for one of its drugs after a pancreatic cancer patient in the study tested positive for listeria.

  • October 24, 2016

    Abbott Whistleblower Urges 5th Circ. To Revive $219M Suit

    The would-be whistleblower who in April lost a $219 million suit against Abbott Laboratories over allegedly improperly marketed bile duct stents urged the Fifth Circuit on Friday to resurrect False Claims Act allegations he says the judge incorrectly stymied at every turn.

  • October 24, 2016

    Researchers Claim No Defamation In St. Jude Security Report

    Investment and medical service researchers fought back on Monday at a defamation suit brought by St. Jude Medical over a report that detailed supposed security weaknesses in the company’s heart-regulating implants and home remote transmitters, telling a Minnesota federal judge the research speaks for itself.

  • October 24, 2016

    Zimmer Gets Quick Win In 2nd Knee Implant Defect Bellwether

    Zimmer Inc. has landed another win in the sprawling multidistrict litigation alleging a design defect in its NexGen knee implant series, after an Illinois federal judge on Friday concluded that the second bellwether plaintiff failed to establish causation or present evidence of a safer alternative design.

  • October 21, 2016

    Fla. Pharmacy Owner To Settle Tricare Fraud Charges For $4M

    The part owner of a Florida pharmacy has agreed to pay $4.25 million to settle prosecutors' claims he knowingly billed certain federal health care programs for services that were not eligible for reimbursement.

  • October 21, 2016

    Health Hires: Crowell & Moring, Goodwin, Faegre

    Crowell & Moring LLP has added an Employee Retirement Income Security Act and Affordable Care Act partner in its corporate, health care, tax and labor and employment groups. Goodwin Procter LLP grew its life sciences practices through a partner from U.S. Food and Drug Administration boutique Kleinfeld Kaplan & Becker LLP, and a UnitedHealth Group attorney has joined Faegre Baker Daniels’ insurance and health practices.

  • October 21, 2016

    6 Firms To Steer 7 IPOs Totaling $2.6B Led By Blockbuster

    Six firms will guide seven initial public offerings totaling about $2.6 billion during an expectedly busy week of Oct. 24, anchored by potentially the year's largest IPO, plus a private equity-backed golf equipment company, four technology and life science firms, and a blank check issuer.

  • October 21, 2016

    Canadian Justices Urged To Nix 'Promise Doctrine' In IP Row

    The Intellectual Property Owners Association recently stepped into a Canada Supreme Court dispute over an AstraZeneca Canada Inc. patent that was asserted against Apotex Inc. but nixed under the controversial "promise doctrine," urging the court to abolish the doctrine from Canadian IP law.

  • October 21, 2016

    McDermott Gains Transactional Partner From Locke Lord

    A former longtime Locke Lord LLP partner specializing in corporate and transactional matters for technology and life sciences companies in cross-border situations has joined McDermott Will & Emery LLP as a partner in its Boston office, the firm has said.

  • October 21, 2016

    Medical Co. Never Bought Duty To Defend, Insurer Says

    Twin City Fire Insurance Co. urged a California federal judge not to grant summary judgment to policyholder Braden Partners LP in a coverage suit over an underlying whistleblower False Claims Act suit, saying Braden never bought duty-to-defend coverage and can’t be reimbursed for $3 million.

  • October 21, 2016

    Drugmaker Takes Flanax Trademark Case To Supreme Court

    A small drugmaker is heading to the Supreme Court to challenge a Fourth Circuit ruling that Bayer AG could file a trademark lawsuit over a foreign brand name that it had never used in the U.S. market.

  • October 21, 2016

    Vitamin Buyers Seek Class Cert. In 'Made In USA' Suit

    Consumers alleging vitamin maker NBTY Inc. misleadingly touted its products as containing wholly domestically sourced ingredients asked a Florida federal judge to certify their proposed class on Thursday, saying the vitamin maker deceived thousands of customers in multiple states with its made-in-America label.

  • October 20, 2016

    J&J Talcum Powder Users Dying Of Ovarian Cancer, Atty Says

    An attorney representing some of the 317 litigants suing Johnson & Johnson in California state court over alleged ovarian cancer risks associated with talcum powder urged the overseeing judge on Thursday to expedite depositions of his clients, telling the court that two had already died of the disease.

  • October 20, 2016

    High Court Denies Consumers Cert. In P&G Fixodent MDL

    The U.S. Supreme Court has declined to hear a case against Procter & Gamble Co. and Wal-Mart Stores Inc. brought by consumers claiming that zinc in Fixodent denture glue can cause neurological damage.

  • October 20, 2016

    CVS To Pay $600,000 To Settle Controlled Substance Claims

    CVS Pharmacy Inc. will pay $600,000 to settle federal prosecutors’ claims the retailer violated the Controlled Substances Act by failing to file certain paper prescription records properly at stores in Connecticut, the U.S. Department of Justice said Thursday.

Expert Analysis

  • Recent Decisions Clarify Reach Of IPR Petitioner Estoppel

    Barbara McCurdy

    When inter partes review first came into force, many would-be petitioners were wary of its seemingly broad estoppel provision. But as some recent decisions from the Federal Circuit, district courts and the Patent Trial and Appeal Board have shown, it is not all doom and gloom for a petitioner who fails to invalidate some or all challenged claims in an IPR, say Barbara McCurdy and Arpita Bhattacharyya of Finnegan Henderson Farabow G... (continued)

  • When Your Client Is The President

    William E. Casselman II

    My experience with the Nixon pardon, the Nixon tapes, the construction of the White House swimming pool, and other matters well out of the ordinary for a president’s lawyer taught me that in the practice of law one should learn to expect and cope with the unexpected, says William Casselman, who served as White House counsel for President Gerald Ford.

  • So You Want To Be A Partner? You Need A Mentor

    Rebecca Glatzer

    Not all aspects of the partnership process are within an attorney’s power. However, there are some factors that an associate can control on the path to partnership, the most important of which are the relationships cultivated along the way, says Rebecca Glatzer of Major Lindsey & Africa.

  • Court Shows No Love for Aphrodisiac Class Certification

    Stephen McConnell

    The U.S. District Court for the Southern District of California recently blocked plaintiffs' efforts in Sandoval v. Pharmacare to certify a nationwide class of disappointed users of an herbal supplement. Lack of standing is the key issue in this case, says Stephen McConnell of Reed Smith LLP.

  • When Your Client Is The President


    I went to the law books, where I discovered the crime of “obstruction of justice,” and realized I was right in the middle of a criminal conspiracy. I didn't fully understand my conduct during Watergate until — decades later — I learned about the psychology of cover-up at work, says John Dean, who served as White House counsel for President Richard Nixon.

  • Trial Pros’ Secret To Courtroom Success

     Jamin S. Soderstrom

    Somewhat surprisingly, very few of the dozens of "trial pros" who have been interviewed by Law360 have revealed the secret to effective trial preparation that is vital to their success. But ultimately, the “secret” to effective trial preparation is not actually a secret, says Jamin Soderstrom of Soderstrom Law PC.

  • Prosecuted For Truthful Off-Label Promotion: Part 2

    Eric Alexander

    According to the government's recent argument in U.S. v. Facteau, a completely accurate and enlightening statement about the risks, benefits and off-label nature of a particular use for a medical device proposed by a physician can be evidence of the device maker's intent to market it for a use different than what the U.S. Food and Drug Administration cleared, says Eric L. Alexander of Reed Smith LLP.

  • Are Your Witnesses Watered Down?


    Look at any deposition of any witness and within a few moments you will see them reach for the water glass, bottle, carafe or pitcher and quaff with seemingly unquenchable thirst. What could possibly be wrong with that? As a trial consultant for over three decades, I am going to tell you, says Dr. Ross Laguzza of R&D Strategic Solutions LLC.

  • Prosecuted For Truthful Off-Label Promotion: Part 1

    Eric Alexander

    The interplay between off-label use of drugs and medical devices, manufacturer statements about such off-label use, the First Amendment, and U.S. Food and Drug Administration enforcement creates a complex legal landscape. Eric Alexander of Reed Smith LLP examines two criminal prosecutions involving off-label promotion allegations, each of which has now been tried to a jury verdict.

  • Talking 'Bull': Episode 4, Callisto

    Roy Futterman

    In this weekly column, real-life New York City jury consultant and psychologist Roy Futterman parses fact from fiction in "Bull," the new TV series about a fictional NYC jury consultant/psychologist. Spoiler alert ...