Life Sciences

  • July 30, 2014

    Pa. Medical Suppliers Can't Duck Antitrust Class Action

    A Pennsylvania federal judge on Wednesday refused to entirely throw out a putative class action against medical supply companies Cardinal Health Inc. and Owens & Minor Inc., keeping alive antitrust injury claims but tossing allegations of conspiracy and unlawful monopolization.

  • July 30, 2014

    Cephalon Can't Fight IP Battle In FTC Pay-For-Delay Suit

    A Pennsylvania federal judge ruled Tuesday that Cephalon Inc. cannot make arguments about the strength of a Provigil patent in the Federal Trade Commission's pay-for-delay suit against the drugmaker because of an earlier trial finding the patent invalid and unenforceable.

  • July 30, 2014

    Boehringer Sues Amneal To Block Generic Aggrenox

    Boehringer Ingelheim Pharmaceuticals Inc. hit Amneal Pharmaceuticals LLC with a lawsuit Wednesday in New Jersey federal court, claiming Amneal’s plan to develop a generic version of Aggrenox, a long-acting aspirin, infringes Boehringer’s patent on the drug.

  • July 30, 2014

    China Trumpets Advancements In IP Protection Regime

    The Chinese government on Wednesday touted its ramped-up efforts to crack down on various forms of intellectual property infringement within its borders regarding products such as food, medicines and car parts, which has repeatedly drawn the ire of U.S. businesses operating in China.

  • July 30, 2014

    AstraZeneca Flaunts Stand-Alone Prospects With $2.1B Deal

    AstraZeneca PLC said Wednesday it would pay up to $2.1 billion for the rights to respiratory drugs developed by Almirall SA, showcasing its deal-making prowess and bright prospects as a stand-alone company after it spurned a blockbuster tie-up bid from rival Pfizer Inc.

  • July 30, 2014

    Pfizer Shells Out $635M To Beef Up Vaccines Biz

    Facing pressure to integrate new offerings, Pfizer Inc. said Wednesday it would build on its billion-dollar vaccines unit by scooping up Baxter International Inc.'s vaccines business and a slice of a production facility in a deal worth $635 million.

  • July 29, 2014

    Boston Scientific Wins First Pelvic Mesh Injury Trial

    A Massachusetts jury returned a verdict in favor of Boston Scientific Corp. on Tuesday in the first product liability lawsuit involving the company’s pelvic mesh products to go to trial, according to attorneys involved in the case.

  • July 29, 2014

    NJ High Court Cases Could Limit Whistleblower Protection

    New Jersey employees are protected under whistleblower laws that are among the broadest and most comprehensive in the country, but experts say that distinction could soon change depending on how the state Supreme Court decides two whistleblower cases.

  • July 29, 2014

    2nd Circ. Upholds $2.5M False Ad Award To Merck

    The Second Circuit on Tuesday upheld an award of more than $2.5 million to Merck & Cie in a false advertising suit against rival Gnosis SpA, backing a lower court's finding that Gnosis’ deliberate deception in marketing a dietary ingredient competing with one of Merck’s warranted the award.

  • July 29, 2014

    FedEx Denies It Illegally Distributed Generic Valium, Xanax

    FedEx Corp. on Tuesday pled not guilty in California federal court to a 15-count criminal complaint accusing it of helping illegal online pharmacies ship generic versions of Valium, Xanax and other drugs, the first step in a legal defense with potentially enormous financial stakes.

  • July 29, 2014

    FDA Faults Impax Quality In Latest Blow To Rytary Approval

    Impax Laboratories Inc. on Tuesday disclosed the U.S. Food and Drug Administration's objections to extensive quality lapses at a Taiwan manufacturing plant for its proposed Parkinson's disease medication Rytary, adding to previous production woes that have fueled investor lawsuits over lengthy delays of the drug.

  • July 29, 2014

    Endo, Watson Seek Dismissal Of Lidoderm Pay-For-Delay Suits

    Endo Pharmaceuticals Inc., Teikoku Seiyaku Co. Ltd. and Watson Pharmaceuticals Inc. urged a California federal judge on Monday to dismiss several suits in multidistrict litigation accusing them of illegally agreeing to delay a generic version of the Lidoderm pain relief patch, arguing the deal was perfectly lawful.

  • July 29, 2014

    Abbott Holds Onto $84M Win Against Lloyd's In Ill.

    An Illinois appeals court on Monday upheld an $84 million award to Abbott Laboratories in a coverage fight with Lloyd's of London underwriters over costs from the Italian government's recall of an anti-obesity drug that Abbott inherited after acquiring Knoll Pharmaceutical Co.

  • July 29, 2014

    Merck Won't Join Inversion Craze, CEO Says

    Pharmaceutical companies are heavily represented in this year's roster of inversion deals, but Merck & Co. Inc. won't be joining the pack according to CEO Kenneth Frazier, who in an earnings call Tuesday said the drug giant isn't interested in seeking an inversion deal.

  • July 29, 2014

    House Agrees To Prescription Drug Enforcement Overhaul

    The U.S. House of Representatives voted Tuesday in favor of a bill seeking to curb an “epidemic” of prescription drug abuse while maintaining access for legitimate users by putting in place a clearer information-sharing and enforcement regime for drugmakers, sellers and regulators.

  • July 29, 2014

    Pfizer Unit Can’t End Skelaxin Pay-For-Delay Row In Pa.

    A Pennsylvania judge has rejected a request by Pfizer Inc. unit King Pharmaceuticals Inc. and Mutual Pharmaceutical Co. Inc. to throw out litigation launched by generics maker SigmaPharm Inc. alleging the companies conspired to suppress the release of generic forms of the muscle relaxant Skelaxin.

  • July 29, 2014

    Lagging Pfizer Revenue Reinvigorates M&A Speculation

    Pfizer Inc. reported a revenue drop on Tuesday thanks in part to once-hot products that continue to lag, ramping up pressure for the company to renew its acquisition push for AstraZeneca PLC or swallow another well-established drugmaker with a robust pipeline.

  • July 29, 2014

    Dealmakers Q&A: Morris Manning’s David Calhoun

    I anticipate that the M&A deal flow will continue to be strong, especially in the middle-market and growth company market areas, as long as private equity funds and strategic buyers remain flush with cash and the cost of capital remains low, says David Calhoun of Morris Manning & Martin LLP.

  • July 28, 2014

    Novartis Ducks Non-Negligence Claims In Zometa Suits

    A Pennsylvania federal judge on Monday tossed the non-negligence claims in two suits alleging Novartis Pharmaceuticals Corp.’s bone drug Zometa caused jaw injuries, saying strict products liability claims could not be brought against the drug company under Pennsylvania law.

  • July 28, 2014

    FDA's Biggest New Policies Of 2014: Midyear Report

    New rules and guidance from the U.S. Food and Drug Administration have made lots of waves with drug and device makers in 2014, sparking debate about future oversight of off-label promotion, social media interactions and the rapidly evolving field of clinical software. Here are six issues attorneys are watching closely.

Expert Analysis

  • Fed. Circ. And USPTO Diverge On Lead Compound Analysis

    William Carroll

    Recent decisions show that, at the U.S. Patent and Trademark office, the Federal Circuit's so-called lead compound analysis has not displaced traditional approaches to analyzing chemical obviousness. Therefore, the forum where a chemical obviousness battle is played out can have a big impact on the results, say Jeffry Nichols and William Carroll of Brinks Gilson & Lione.

  • Death Rattle For Unfinished Business Claims?

    Angelo G. Savino

    In a departure from Jewel v. Boxer, the decisions in the cases of Thelen LLP and Heller Ehrman LLP reflect a shift in the manner by which courts treat trustees’ claims for post-dissolution fees, say Angelo Savino and Julie Moeller Albright of Cozen O'Connor.

  • And Now A Word From The Panel: Top 10 Venue Arguments

    Alan E. Rothman

    As the Judicial Panel on Multidistrict Litigation heads to the “Heart of America” for its July 31 hearing, this column will take a bit of a detour from its regular format and present a top 10 list of arguments — some strange, yet true — made in support of a particular MDL venue, says Alan Rothman of Kaye Scholer LLP.

  • Classic Issues Face Cutting-Edge Neurofeedback Practices

    Michael H. Cohen

    The International Society for Neurofeedback and Research's discussion of neurofeedback principles raises licensing and scope-of-practice issues for this cutting-edge modality. In general though, when a practitioner makes claims that a given modality treats disease or a mental health condition then it is considered a practice of medicine, says Michael Cohen of the Michael H. Cohen Law Group.

  • EU Rule Sets Higher Standard For Medical Devices

    Lucas Bergkamp

    While the RoHS-1 Directive did not apply to medical devices, the RoHS-2 Directive does, implying that manufacturers intended for the EU market have to assess and document whether their products comply with the latest directive’s chemical restrictions, say Lucas Bergkamp and Nicholas Herbatschek of Hunton & Williams LLP.

  • Don't Get Carried Away By The Inversion Craze

    Bernie J. Pistillo

    Given commercial realities and the possibility that the intended tax savings could be limited or eliminated by the effect of retroactive or even prospective legislation, a potential inversion transaction should only be pursued if the nontax reasons for the combination are sufficiently compelling, say attorneys with Morrison & Foerster LLP.

  • What The Supreme Court Said About Patents This Term

    Michael Martinez de Andino

    This year, the U.S. Supreme Court decided on six patent cases that will have significant consequences for companies as they work to advance their strategy for protecting their intellectual property, say J. Michael Martinez de Andino and George Davis of Hunton & Williams LLP.

  • Litigator’s Perspective: 5 Tips On Arbitration Provisions

    Daniel T. McCloskey

    It happens all the time. When a dispute arises, two parties find themselves in arbitration, realizing that they might have had more leverage to dictate the terms of the process when they were negotiating the arbitration provision — but missed the opportunity, says Daniel McCloskey of Duane Morris LLP.

  • 6 Years In, Why Haven't FRE 502(d) Orders Caught On?

    John A. Rosans

    In this e-discovery era, why aren't more litigants using Federal Rule of Evidence 502(d) orders and affording themselves basic protection of their most sensitive information? Or, if they are moving for such orders, why are they doing it wrong? asks John Rosans of Katten Muchin Rosenman LLP.

  • Prosecutions Loom Large In China's Food Regulatory Regime

    John Balzano

    Most ominous in China's draft Food Safety Law is the pledge to strengthen the "link" between food safety regulation and criminal penalties, indicating criminal prosecutions could likely continue increasing once the law is adopted, say attorneys at Covington & Burling LLP.