Life Sciences RSS

  • April 22, 2014

    CVS Decries Novartis Kickback Suit As 'Implausible'

    CVS Caremark Corp. asked a New York federal judge on Monday to toss a False Claims Act whistleblower suit alleging CVS accepted kickbacks from Novartis Pharmaceutical Corp. to push leukemia drugs Gleevec and Tasigna and cystic fibrosis drug TOBI, calling the claims "fundamentally implausible."

  • April 22, 2014

    Ropes & Gray SF Head Jumps To Gibson Dunn

    A Ropes & Gray LLP lawyer has returned to Gibson Dunn where he will serve as co-chair of the firm’s life sciences practice and work closely with technology and life sciences companies as well as their investors on corporate and securities matters in its San Francisco office, the firm said Monday.

  • April 22, 2014

    Hydroxycut Users Settle For Less In $14M False Ad MDL Deal

    The maker of recalled weight-loss supplement Hydroxycut and several retailers who sold the product have reached a $14 million settlement resolving a host of false advertising class actions, according to court documents filed Monday, replacing a significantly larger deal that the court rejected last year.

  • April 22, 2014

    The Accidental Advocate: Judge John E. Jones III

    Pennsylvania Middle District Judge John E. Jones III talks to Law360 about the surreal aftermath of his divisive ruling against intelligent design as he prepares for yet another potentially explosive trial over Pennsylvania's same-sex marriage ban.

  • April 22, 2014

    Ex-Celgene Exec Gets 16 Months For Insider Trading Plot

    A former Celgene Corp. executive was sentenced to 16 months in prison in New Jersey federal court Tuesday, for sharing tips on acquisitions, quarterly earnings and regulatory news during a five-year insider trading scheme also fueled by nonpublic information from Stryker Corp. and Sanofi-Aventis U.S. LLC.

  • April 22, 2014

    Fed. Circ. Revives Tamiflu Case, Expands Double-Patenting

    The Federal Circuit ruled Tuesday that a patent can be rendered invalid for double-patenting based on a patent that expires before it, expanding the double-patenting doctrine and giving Natco Pharma Ltd. another shot at invalidating Gilead Sciences Inc.'s patent on the flu drug Tamiflu.

  • April 22, 2014

    GSK Slams Mylan's Bid For $3.1M Interest In Paxil Row

    GlaxoSmithKline LLC on Monday slammed Mylan Inc.'s bid for $3.1 million in prejudgment interest stemming from the $106.7 million verdict Mylan won after a jury found that GSK breached an exclusive licensing contract arising from an antitrust settlement, saying in New Jersey federal court that the company overstated the amount.

  • April 22, 2014

    Fed. Circ. Flips Braintree Win In Generic Suprep Suit

    The Federal Circuit on Tuesday vacated a district court's ruling that Novel Laboratories Inc. infringed Braintree Laboratories Inc.'s patent for the colon cleanser Suprep, finding the lower court misconstrued a key claim term.

  • April 22, 2014

    Proskauer Lures Bingham Life Sciences Patent Litigator

    Proskauer Rose LLP said on Tuesday it brought over a life sciences patent litigation partner from Bingham McCutchen LLP to chair its practice in Los Angeles.

  • April 22, 2014

    Low-THC Marijuana Legalization Moves Ahead In Fla. Senate

    Efforts to legalize a form of noneuphoric marijuana for medical use continued to march forward in the Florida Legislature as the state Senate Appropriations Committee advanced its version of the bill Tuesday, a day after the House advanced its offering out of committee.

  • April 22, 2014

    Perrigo Wants Hurry-Up On Delayed FDA Drug Rating

    Perrigo Co. on Monday urged a Washington, D.C., federal judge to order the U.S. Food and Drug Administration to update its records to reflect its approval of Perrigo's testosterone gel product within 21 days, saying it will be irreparably harmed otherwise.

  • April 22, 2014

    Pharma M&A Boom Means Big Payday For Wide Swath Of Firms

    With one of the most acquisitive drugmakers in recent years on its client roster, Skadden Arps Slate Meagher & Flom LLP has scored big in the blistering pharma sector. But a deal-making blitz that shows no signs of stopping has positioned plenty of other firms to cash in on one of the hottest corners of the marketplace.

  • April 22, 2014

    Bayer Says IRS Has Burden Of Proof In $175M R&D Tax Row

    In its protracted battle with the Internal Revenue Service over $175 million in research and development tax credits, Bayer Corp. on Tuesday asked a Pennsylvania federal judge to shift the burden of proof to the IRS, saying the agency arbitrarily denied the credits.

  • April 22, 2014

    Rising Star: Kirkland & Ellis' Mike Shumsky

    With a significant hand in a major U.S. Supreme Court victory for the generic-drug industry and a continued go-to role for the industry in many other cases, Kirkland & Ellis LLP’s Mike Shumsky has earned a spot on Law360’s list of top life sciences attorneys under 40.

  • April 22, 2014

    Daiichi Blasts Conditional Cert. Bid In $100M Sex Bias Case

    Daiichi Sankyo Inc. urged a California federal judge on Monday to refuse to grant collective action certification to female sales employees who say the drug company paid them less than their male peers, claiming the plaintiffs wanted the court to use a “toothless” certification standard.

  • April 22, 2014

    IMS Health Launches New Coverage Suit Over Antitrust Claims

    IMS Health Inc. sued Zurich American Insurance Co. in Pennsylvania court Friday for allegedly springing a lawsuit in Connecticut while the two were still negotiating coverage of a rival pharmaceutical and health care data provider’s accusations of market monopolization.

  • April 22, 2014

    FDA Details Fast-Track Approach For Medical Devices

    The U.S. Food and Drug Administration on Tuesday unveiled details on an eagerly anticipated new program to speed up development and approval of medical devices, describing a process that could lower barriers to entry for a sizable number of products.

  • April 22, 2014

    Mallinckrodt, Nuvo Sue Metrics Over Generic Pennsaid

    Mallinckrodt LLC and Nuvo Research Inc. sued generic-drug maker Metrics Inc. in New Jersey federal court Monday, alleging the generics manufacturer violated their patents for the arthritis pain medication Pennsaid.

  • April 22, 2014

    Novartis Unveils $30B In Deals To Drive Strategic Overhaul

    Novartis AG on Tuesday unveiled several transactions worth nearly $30 billion combined that will dramatically reshape its operations, including the $16 billion acquisition of rival GlaxoSmithKline PLC's cancer drugs, making it the latest pharma giant to capitalize on a wave of deal-making in the sector.

  • April 21, 2014

    Generic Cos. Again Lose Bid To Shake AndroGel Suit

    A Georgia federal judge on Monday rejected a renewed bid by Par Pharmaceutical Cos. Inc. and Paddock Laboratories Inc. to nix the Federal Trade Commission's pay-for-delay case against them, finding that their patent settlement over testosterone replacement treatment Androgel is not entitled to Noerr-Pennington antitrust immunity.

Expert Analysis

  • Mandatory Pro Bono Is Not The Answer For Practitioners

     Amanda D. Smith

    The State Bar of California has decided to follow New York's lead and require prospective attorneys to record 50 hours of pro bono service in order to be eligible for admission. While we applaud the intentions behind these initiatives, there are a number of reasons why state bars should limit any mandatory pro bono requirement to this context, rather than extend it to licensed attorneys as some have suggested, say attorneys with the Association of Pro Bono Counsel.

  • Courts Split On Applying Therasense To Summary Judgment

    Scott Breedlove

    District courts remain split on how to apply Therasense’s intent standard to motions for summary judgment of no inequitable conduct. Parties pleading inequitable conduct should bear in mind that they cannot simply focus on developing evidence that demonstrates the strength of the inference of deceptive intent — they must demonstrate why the patentee’s alternative inferences of no deceptive intent are, in fact, not reasonable, say Scott Breedlove and Andrew Allen of Vinson & Elkins LLP.

  • An Accused Infringer’s Guide To Parallel Proceedings

    Jeffrey Totten

    By managing the timing of post-grant proceedings, an accused infringer may increase its chances of negating a damages award in parallel district court litigation. Taking measures to actively create circumstances like those in Fresenius v. Baxter is a way to insure against a potentially large patent infringement judgment, say Jeffrey Totten and Elizabeth Laughton of Finnegan Henderson Farabow Garrett & Dunner LLP.

  • Cross-Border Complexities: Keep The C-Suite Out Of Prison

    Shari L. Pire

    The potential for significant gains makes high-growth markets, such as Russia, Brazil and India, particularly enticing. But at what cost? Business practices that are both acceptable and customary in other countries may violate U.S. and other anti-bribery and corruption laws. However, there are ways to insulate the corporation from liability, says Shari Pire of Willkie Farr & Gallagher LLP.

  • The Future Of Law Firm PR: The Good, Bad And Ugly

    Paul Webb

    There has been a dramatic change in how public relations professionals interact with the news media to promote or protect a law firm’s brand and reputation. But content is queen and has a bright future in law firm PR — it all begins with a plan that should include goals, performance indicators and a system of assessment, say Paul Webb, director of marketing at Young Conaway Stargatt & Taylor LLP, and Kathy O'Brien, senior vice president at Jaffe PR.

  • FTC Continues To Target Pharmaceutical Mergers

    Bruce Sokler

    The Akorn Inc.-Hi-Tech Pharmacal Co. Inc. acquisition shows that the Federal Trade Commission is unlikely to ease up soon on what has essentially become a bright-line rule in antitrust policy — transactions resulting in three to two and sometimes even four to three reductions in the number of competitors, where there would be no timely entry, face difficult regulatory hurdles, say Bruce Sokler and Helen Kim of Mintz Levin Cohn Ferris Glovsky and Popeo PC.

  • A Blow To State Encroachment On Federal Turf

    Ethan M. Posner

    The Arkansas Supreme Court's decision in Ortho-McNeil-Janssen Pharmaceuticals Inc. v. Arkansas dealt a blow to state attorneys general seeking to take action in matters primarily within the jurisdiction of the U.S. Food and Drug Administration. The case could signal a court pushback against state encroachment into federal regulatory matters, and may curb the outsourcing of litigation to private counsel with financial incentives to pursue enormous recoveries in court, say attorneys at Covington & Burling LLP.

  • Are You Covered For Food Product Recalls?

    Joshua D. Davey

    While relatively few food recall claims have been litigated, there is a small body of case law that has developed in the last few years highlighting important considerations for policyholders. The cases generally hold that there is no coverage for a purely prophylactic recall, a result that has the potential to exclude a significant number of recalls from coverage — policyholders must demonstrate actual contamination or mislabeling, says Joshua Davey of McGuireWoods LLP.

  • Heartbleed Rains On The Legal Cloud Parade

    David Houlihan

    While the actual breaches are unknown, Heartbleed has the potential to expose all of a lawyer's files stored or transmitted online. The bug raises professional responsibility questions and offers confirmation of the greatest anxieties that the legal industry has about online practice. In fact, the timing is poor for many legal tech providers, following a general industry warming to cloud offerings, says David Houlihan of Blue Hill Research Inc.

  • Consequential Damages Clause At Heart Of $100M Dispute

    Rick Robinson

    In Biotronik AG v. Conor Medsystems Ireland Ltd., the New York Court of Appeals ruled that a no consequential damages clause in a distribution agreement did not preclude the distributor from proceeding with a claim for lost profit damages. A manufacturer must recognize that, if it breaches an agreement, the clause may not protect it from claims on the sale of a product had the agreement not been breached, say Rick Robinson and Glen Banks of Norton Rose Fulbright.