Life Sciences

  • April 24, 2015

    Biolitec's Contempt Fine Capped At $70M In IP Dispute

    A Massachusetts federal judge on Wednesday capped contempt sanctions against an affiliate of Biolitec AG at $70 million in a patent dispute, saying the amount was a “reasonable penalty” to induce the German laser company to comply with the court’s preliminary injunction forbidding it to merge with an Austrian company.

  • April 24, 2015

    Mylan's Sweetened $33B Perrigo Bid Gets Spurned

    Mylan Pharmaceuticals Inc raised its bid for Perrigo Co. PLC to $32.6 billion on Friday to only again get rejected by the Irish maker of over-the-counter drugs and health products, while Mylan itself faces a hostile takeover bid by rival Teva Pharmaceutical Industries Ltd.

  • April 24, 2015

    Pharmacies Are Health Care Providers, Texas High Court Says

    The Texas Supreme Court on Friday dismissed a woman’s claim she was blinded by a nutritional supplement provided by a compounding pharmacy, holding the pharmacy is a health care provider entitled to protections from medical malpractice tort reforms.

  • April 24, 2015

    Calif. County Defends Drug Cleanup Law To High Court

    A California county has fired back against pharmaceutical manufacturers and distributors who want the U.S. Supreme Court to strike a first-in-the-nation ordinance requiring drug companies to dispose of unwanted prescription drugs, saying the companies are ignoring the true purpose of the law.

  • April 24, 2015

    Vinson Set To Lead Week’s IPO Activity With 2 MLP Debuts

    Two master limited partnerships guided by Vinson & Elkins LLP are on deck to go public during the final week of April, breaking the slump in energy initial public offerings seen this year, while two more life sciences companies also plan to enter the market.

  • April 24, 2015

    PTAB Won't Review Chiesi Unit's 4 Hypertension Drug Patents

    The Patent Trial and Appeal Board on Friday declined four separate bids by generic drug manufacturer Sandoz Inc. to review four patents owned by a Chiesi USA Inc. unit related to its intravenous high blood pressure drug Cardene because the generic manufacturer failed to show it was likely to prove the patents are invalid.

  • April 24, 2015

    Mylan Slapped With Patent Suit Over Generic Estrogen Patch

    Japanese pharmaceutical company Hisamitsu Pharmaceutical Co. hit Mylan Inc. with a lawsuit in Delaware federal court on Thursday, saying it believes Mylan is infringing two patents for an estrogen hormone patch but can’t obtain Mylan’s generic application to prove it.

  • April 24, 2015

    EPA Agrees To Drop Superfund Suit For $1.7M Cleanup Costs

    A biotech company and a chemical manufacturer accused of dumping hazardous waste into a landfill formerly owned by Monsanto Co. have agreed to pay the U.S. Environmental Protection Agency $1.7 million for cleanup costs incurred at the Illinois Superfund site, according to a court filing Thursday. 

  • April 24, 2015

    Pa. Consumer Says Bayer's MiraLax Caused Kidney Damage

    Bayer Corp. and several other pharmaceutical companies were hit with a Pennsylvania state court lawsuit on Thursday in which a Philadelphia man claimed the company’s MiraLax laxative was responsible for his acute kidney injury.

  • April 24, 2015

    National Storage, Apigee Mark Week's Only IPOs

    Real estate investment trust National Storage Affiliates and software provider Apigee Corp. were the only two companies to go public during the week, garnering mixed reviews from investors to together draw $347 million while a life sciences company on deck to price did not take the plunge.

  • April 23, 2015

    Protect Workers' Salary Info In Suit, Cymbalta Maker Says

    Eli Lilly & Co. argued Thursday that its employee witnesses should not be required to disclose their salary information in a suit over the alleged withdrawal effects of its antidepressant Cymbalta, arguing that employees who are asked to testify in such cases can keep the details of their compensation private.

  • April 23, 2015

    FDA Slams Supplement Cos. Over Untested Ingredient

    The FDA on Wednesday hit Hi-Tech Pharmaceuticals Inc., Train Naked Labs LLC and three other nutrition supplement companies with warning letters accusing them of mislabeling a stimulant as a dietary ingredient in weight-loss supplements.

  • April 23, 2015

    Sheppard Mullin Hires Ex-Greenberg Traurig M&A, Health Pro

    Sheppard Mullin Richter & Hampton LLP has added to its Orange County, California, office a former Greenberg Traurig LLP attorney with expertise in securities law and mergers and acquisitions in the health care and life sciences industries, the firm said recently.

  • April 23, 2015

    Vitacost Drops Beef With Ex-Counsel Over Botched IPO Docs

    Vitamin retailer Inc. has dropped its Florida suit accusing its former counsel Shefsky & Froelich Ltd. of botching the corporate and financial filings for its $132 million initial public offering in 2009 that later triggered securities suits, saying they’ve resolved their beef in arbitration.

  • April 23, 2015

    Pfizer Near Settlement On Hormone Therapy Cancer Claims

    A Wisconsin federal judge Wednesday gave Pfizer Inc. and a woman who claims that the pharmaceutical company's hormone therapies caused her breast cancer extra time to finalize a settlement.

  • April 23, 2015

    Celgene Drugs Join Hedge Fund's AIA Patent Hit List

    In its latest challenge to a drug patent under the America Invents Act, an organization tied to hedge fund manager Kyle Bass on Thursday took aim at a patent covering several Celgene Corp. drugs, bringing the number of drugmakers that have had patents challenged by his fund to six.

  • April 23, 2015

    Weight Loss Biotech Gelesis Inches Closer To $52M IPO

    Weight-loss capsule developer Gelesis Inc. set terms Thursday for an initial public offering that could raise $52 million, proceeds the biotech said it would use partly to advance its lead product candidate to treat patients with obesity and Type 2 diabetes.

  • April 23, 2015

    Feds Hammer FedEx's Bid To Escape Pill Trafficking Charges

    Federal prosecutors lashed out Wednesday at FedEx Corp.'s attempt to escape criminal charges that it colluded with illegal online pharmacies to deliver prescription drugs to addicts and drug dealers, arguing that FedEx knew those drugs were never prescribed and made over $800 million in the scheme.

  • April 23, 2015

    MultiVir Sets IPO Terms Amid Run Of Cancer Biotech Debuts

    Cancer-treatment biotech MultiVir Inc. on Thursday set terms for its initial public offering, as it looks to raise up to $74 million amid a number of cancer-focused biotechs debuting on the public markets in recent months.

  • April 23, 2015

    Allergan Pushes To Ax Eye Doctors' FCA Kickback Suit

    A Pennsylvania federal judge was urged during oral arguments Thursday to dismiss a False Claims Act suit accusing Allergan Inc. of giving illegal kickbacks to doctors across the country to boost the drugmaker's eye drug sales.

Expert Analysis

  • Bankruptcy Courts Remain Closed For Marijuana Businesses

    John M. Spires

    In re Medpoint Management LLC highlights the risks and difficulties faced not only by marijuana businesses, but by their creditors too. Despite Medpoint’s income not directly arising from marijuana and the Cromnibus Act limiting prosecution of marijuana-related offenses, the court still dismissed Medpoint’s case, says John Spires of Dinsmore & Shohl LLP.

  • An Update On Hatch-Waxman Personal Jurisdiction Cases

    Tedd Van Buskirk

    The first wave of post‐Daimler decisions suggests district courts will rely on new theories of general and specific jurisdiction to exercise personal jurisdiction in Hatch‐Waxman cases, say Tedd Van Buskirk and Mark Deming of Polsinelli PC.

  • Why REMS Abuse Doesn't Belong In Antitrust Litigation

    Anna Fabish

    When asked to identify the next generation of antitrust claims in the pharmaceutical industry, many would respond with an acronym: REMS. But these “risk evaluation and mitigation strategy” programs are a creature of the U.S. Food and Drug Administration, and thus the FDA — not the courts or the antitrust laws — is the more appropriate vehicle for addressing alleged REMS abuse, says Anna Fabish of O'Melveny & Myers LLP.

  • 3 Different Scenarios For Marijuana In Indian Country

    Blaine I. Green

    The U.S. Department of Justice's 2014 Indian Country Memorandum must be understood in the context of Indian law and the interplay between state, federal and tribal law on reservation lands. Depending on the legality of marijuana under state law, this interplay creates at least three different scenarios for tribes to consider, say Blaine Green and Emily Burkett of Pillsbury Winthrop Shaw Pittman LLP.

  • How To Prepare A Successful L-1 Visa Petition

    Amanda Franklin

    For a long time, the L-1 Intracompany Transferee visa category was fertile ground for multinational companies who needed to efficiently transfer executives, managers and specialized knowledge workers to their U.S. operations. The current L-1 landscape looks a bit like scorched earth, says Amanda Franklin of Moore & Van Allen PLLC.

  • 2015 Begins With A Drop In FCPA Enforcement Activity

    Marc Bohn

    The pace of enforcement under the U.S. Foreign Corrupt Practices Act has slowed considerably in 2015, with just three resolved enforcement actions during the year’s first quarter — all brought by the U.S. Securities and Exchange Commission — which represents the lowest level of enforcement to begin a year since 2006, say Marc Bohn and Austen Walsh of Miller & Chevalier Chtd.

  • A New Paradigm For Industrial Hemp Farming On Tribal Lands

    Timothy Purdon

    Although the past two decades have seen 22 states and many tribal governments pass laws permitting industrial hemp cultivation, pushback from the federal government and a persistent association of hemp to marijuana has prevented American Indian farmers from pursuing this cash crop. However, a recent U.S. Department of Justice memo could usher in a new area for industrial hemp farming on tribal lands, say attorneys with Robins Kaplan LLP.

  • Tips For Guiding Your Client Through The Mediation Process

    Raphael Lapin

    With all the tangible and intangible costs associated with litigation today, mediation is becoming more common as a means of resolving disputes. Yet attorneys trained and experienced in litigation do not always have the skills to guide their clients through a mediation process, says Raphael Lapin, an adjunct professor at the Whittier School of Law and principal of Lapin Negotiation Strategies.

  • 3rd Circ. Affirms Use Of Daubert To Fight Class Cert.

    Andrew Finch

    With its recent ruling in the Blood Reagents Antitrust Litigation, the Third Circuit has joined the Seventh, Eighth and Ninth Circuits in requiring that district courts take Daubert into account when assessing expert testimony at the class certification stage, say Andrew Finch and William Michael of Paul Weiss Rifkind Wharton & Garrison LLP.

  • Virginia's ‘Rocket Docket' Continues To Roar

    Robert M. Tata

    The Eastern District of Virginia ― known as the “Rocket Docket” ― had the fastest trial docket in the country in 2014, for the seventh year in a row. The median time interval to trial was 12.5 months. That’s compared to a nationwide average of 24.9 months to try a case, says Robert Tata, managing partner of Hunton & Williams LLP's Norfolk, Virginia, office.