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Life Sciences
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May 02, 2024
Feds Call Out Gilead's Efforts To Revise HIV Drug IP Judgment
The U.S. Department of Justice has asked a Delaware federal judge to reject Gilead Sciences' motion to modify a judgment finding that two medications in its HIV prevention regimen directly infringe voided patents owned by the government, arguing that the pharmaceutical company's attempt to rewrite the judgment is "unnecessary as well as improper."
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May 02, 2024
Masimo Hit With Derivative Suit Over Audio Co. Acquisition
The top brass at medical device company Masimo Corp. has been hit with a shareholder derivative action claiming they harmed the company and "confused" investors by pushing through a $1 billion acquisition of an audio equipment company, allegedly causing a steep drop in stock prices and a $5.1 billion market capitalization loss.
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May 02, 2024
Latham, Skadden Grab Spotlight As Large IPOs Surge In April
Latham & Watkins LLP guided five initial public offerings in April, while Skadden Arps Slate Meagher & Flom LLP advised the company bringing to market the largest IPO of 2024, concluding the busiest month for new listings year to date.
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May 02, 2024
Email Exchanges Doom Honeywell Bid To Nix $20M GSA Claim
A contract appeals board wouldn't free Honeywell International Inc. from the General Services Administration's efforts to recoup an alleged $20 million overpayment on an energy deal, finding it unclear whether a 2021 agreement related to the contract barred the claim.
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May 02, 2024
Pharma. Co. Wants Ex-Director To Stop Poaching Customers
A pharmaceutical company has doubled down on its bid to stop a former director from soliciting customers for a rival drugmaker, saying he's trying to twist words in his contract and make up excuses for allegedly stealing trade secrets following his termination.
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May 02, 2024
Calif. Justices To Review Gilead's HIV Drug Negligence Fight
The California Supreme Court has granted Gilead Sciences Inc.'s request to review an appellate court's holding that the drugmaker must face claims it held back a safer HIV drug to maximize profits on an older medication.
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May 02, 2024
State Legislators Urge Feds To Change Cannabis' Status
A coalition of state lawmakers on Thursday urged the heads of the U.S. Department of Justice and its drug enforcement agency to prioritize changing cannabis' status as a highly restricted drug.
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May 02, 2024
Recent BigLaw Moves Show Boston Is 'Clearly On The Map'
Three BigLaw firms' recent moves to build out physical footprints in Boston are a testament to the region's thriving technology, healthcare, life sciences and finance industries — a trend that shows no signs of slowing down, experts say.
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May 02, 2024
4th Circ. Revives Workers' Suit Over SC Plant Explosion
The Fourth Circuit on Thursday revived claims from three workers burned in an explosion at a plastic recycling plant, saying the South Carolina Workers' Compensation Law can't deprive the federal courts of diversity jurisdiction in a case where they would otherwise have it.
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May 02, 2024
Schumer Reups Call For His Judge Shopping Bill
U.S. Senate Majority Leader Chuck Schumer, D-N.Y., said Thursday that a suit filed in a controversial Texas court challenging a new firearms policy from the Biden administration underscores the need for his bill to restrict so-called "judge shopping."
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May 02, 2024
Plaintiff To Share 'Horrific' Story In First Zantac Cancer Trial
The first trial in sprawling state and federal litigation over whether a chemical in Zantac heartburn medication and its generic counterparts causes cancer began Thursday in a packed Chicago courtroom, with counsel for an 89-year-old Illinois woman telling jurors her colorectal cancer diagnosis and the suffering it's caused can be attributed to her 20-year use of the drug.
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May 02, 2024
Skin Care Drug Co. Gets OK For Ch. 11 Wind-Down Plan
A Delaware bankruptcy judge on Thursday said she would approve the unopposed and unanimously approved Chapter 11 wind-down plans of the company previously known as Timber Pharmaceuticals Inc.
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May 02, 2024
Freshfields-Led Novartis Inks $1.75B Cancer Drug Co. Buyout
Novartis AG said Thursday it has agreed to buy U.S. radiopharmaceutical company Mariana Oncology in a transaction worth up to $1.75 billion, as the Swiss pharmaceutical giant moves to bolster its precision nuclear medicine portfolio.
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May 01, 2024
3 Takeaways From The DOJ's Cannabis Recommendation
The marijuana advocacy and business world responded with guarded optimism after the U.S. Department of Justice's announcement this week that it recommended relaxing restrictions on marijuana for the first time in more than 50 years.
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May 01, 2024
Dental Supply Co. Must Face Suit Over COVID-Era Woes
Dental health products supplier Dentsply Sirona Inc. failed to get a suit dismissed accusing it of misleading investors about the extent of its pandemic-era woes, with a New York federal judge finding the suit identifies dozens of actionable misleading statements and plausibly pleads knowledge of wrongdoing by Dentsply's former executives.
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May 01, 2024
Bayer Can't Scratch Off Antitrust Suit Over Flea, Tick Meds
A California federal judge has largely declined Bayer's bid to dismiss generics competitor Tevra's pet medication antitrust suit, saying in an order released Wednesday that there are factual disputes about whether Bayer's exclusivity deals with distributors and retailers significantly foreclosed Tevra's potential sales in the market.
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May 01, 2024
Median Patent Damages Awards Are Shrinking
A New York accounting firm that provides damages experts for intellectual property cases has found in a new study that median damages awards in patent cases have declined over the last 15 years.
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May 01, 2024
Eiger Gets Deal With Merck Over $46M Rare-Disease Drug Sale
Bankrupt Eiger BioPharmaceuticals Inc. told a Texas federal judge Wednesday it had struck a tentative agreement with drug company Merck & Co. over licensing rights to a rare-disease drug that it is selling for $46.1 million.
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May 01, 2024
3rd Circ. Flags Bayer's Knowledge Of Tainted Fungal Spray
A proposed class of consumers who bought tainted Bayer antifungal sprays said they should have standing to sue because they didn't get the "benefit of the bargain" — and a Third Circuit panel questioned Wednesday if Bayer's separate suit blaming a supplier made the consumers' case for them.
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May 01, 2024
'Foul' BioVentrix Cash-Out Gets Extra Scrutiny, Chancery Says
A medical device company's decision to suddenly and without explanation cash out its common stockholders for less than a penny just two months before the company raised $48.5 million in new capital creates such a "foul flavor" that it deserves extra scrutiny, a Delaware Chancery Court judge said Wednesday.
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May 01, 2024
J&J Unit Cuts Deal To End Cancer Drug Trade Secret Fight
A New Jersey federal judge has signed off on a consent judgment that permanently bars Chinese drugmaker Jiangsu Hengrui Pharmaceuticals Co. from misappropriating Johnson and Johnson's pharmaceutical subsidiary Janssen's trade secrets for its popular chemotherapy drug Yondelis.
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May 01, 2024
5th Circ. Judge Skeptical Of Medicare Drug 'Price-Setting'
A Fifth Circuit judge on Wednesday sharply criticized the Biden administration's Medicare drug pricing program, characterizing it as government "price-setting" and questioning "what possible procompetitive justification" there can be for penalizing companies that don't participate.
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May 01, 2024
Insulin Pump Maker Wins Toss of Investor Suit For Now
A California federal judge has sided with an insulin pump maker and tossed a suit alleging it misled investors about the potential growth of the company amid inflation and an uptick in competition, saying the suing investors have failed to plead any false or misleading statements or knowledge of wrongdoing by the defendants.
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May 01, 2024
Attys Say $5M Fee In Acella Settlement A Modest Proposal
Plaintiffs' attorneys who recently reached a $46.5 million class action settlement with Acella Pharmaceuticals LLC over faulty thyroid medication asked a Georgia federal judge Tuesday to sign off on their $5 million cut of the deal as a "presumptively reasonable" proposal.
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May 01, 2024
AI Is Top Of Mind For Companies — And Securities Regulators
As references to artificial intelligence in securities filings soar, attorneys say companies must ground their disclosures in fact and be upfront about risks posed by AI in order to avoid the wrath of regulators, who promise to crack down on misleading claims.
Expert Analysis
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5 Reasons Associates Shouldn't Take A Job Just For Money
As a number of BigLaw firms increase salary scales for early-career attorneys, law students and lateral associates considering new job offers should weigh several key factors that may matter more than financial compensation, say Albert Tawil at Lateral Hub and Ruvin Levavi at Power Forward.
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How Biotech Deals May Help Competition, Despite FTC View
The Federal Trade Commission's complaint against Sanofi's proposed partnership with Maze Therapeutics highlights increasing skepticism of so-called killer acquisitions, but a closer look reveals potentially legitimate reasons behind why entities might decide to delay or abandon the development of acquired products, say consultants at Analysis Group.
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Expediting Psychedelics Approvals In The US And Canada
Accelerated regulatory pathways for psychedelics in the U.S. and Canada play a pivotal role in the progression of drugs, devices and novel therapies toward commercialization, say Kimberly Chew at Husch Blackwell, and Ana Dukic and Sabrina Ramkellawan at AxialBridge.
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Series
Playing Competitive Tennis Makes Me A Better Lawyer
My experience playing competitive tennis has highlighted why prioritizing exercise and stress relief, maintaining perspective under pressure, and supporting colleagues in pursuit of a common goal are all key aspects of championing a successful legal career, says Madhumita Datta at Lowenstein Sandler.
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Series
The Pop Culture Docket: Judge Djerassi On Super Bowl 52
Philadelphia Court of Common Pleas Judge Ramy Djerassi discusses how Super Bowl 52, in which the Philadelphia Eagles prevailed over the New England Patriots, provides an apt metaphor for alternative dispute resolution processes in commercial business cases.
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Reverse Merger Tips For Biotechs After SEC's Recent Actions
Several recent U.S. Securities and Exchange Commission developments could limit the viability of reverse mergers for biotech companies, and will require additional creativity and analysis for private companies looking to go public, say attorneys at Orrick.
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Opinion
Proposed Rule Misses The Mark On Improving MDLs
The Advisory Committee on Civil Rules' recently proposed rule on multidistrict litigation would provide some guidance for courts on managing MDLs — but without any requirement for the early vetting of claims, it is particularly unhelpful for defendants in pharmaceutical and product liability cases, say attorneys at Crowell & Moring.
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Taking A Closer Look At Fed. Circ. Claim Construction Split
An empirical analysis of a year's worth of claim construction decisions from the Federal Circuit and four key district court jurisdictions shows that these constructions vary in material ways depending on the analysis' source, and this body of case law would benefit from clarification by the Federal Circuit itself, say attorneys at WilmerHale.
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The 7th Circ.'s Top 10 Civil Opinions Of 2023
Attorneys at Jenner & Block examine the most significant decisions issued by the Seventh Circuit in 2023, and explain how they may affect issues related to antitrust, constitutional law, federal jurisdiction and more.
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Employee Experience Strategy Can Boost Law Firm Success
Amid continuing business uncertainty, law firms should consider adopting a holistic employee experience strategy — prioritizing consistency, targeting signature moments and leveraging measurement tools — to maximize productivity and profitability, says Haley Revel at Calibrate Consulting.
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Series
Competing In Triathlons Makes Me A Better Lawyer
While practicing law and competing in long-distance triathlons can make work and life feel unbalanced at times, participating in the sport has revealed important lessons about versatility, self-care and perseverance that apply to the office as much as they do the racecourse, says Laura Heusel at Butler Snow.
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Parsing The USPTO's Guidelines For Assessing Enablement
Ryan Hagglund at Loeb & Loeb details the U.S. Patent and Trademark Office's recent guidelines for assessing enablement principles set forth in the U.S. Supreme Court's 2023 Amgen v. Sanofi decision, including how the guidelines can apply to all fields of technology.
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Notes Of Interest From 5th Circ. Illumina-Grail Merger Ruling
Attorneys at Simpson Thacher consider the Fifth Circuit's recent decision upholding the Federal Trade Commission's challenge of the Illumina merger with Grail, its much-needed boost to the Biden administration's antitrust agenda, and some silver linings the decision offers to merging parties.
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DOJ's Biopharma Settlement Raises Anti-Kickback Questions
In the aftermath of the U.S. Department of Justice's settlement with Ultragenyx over genetic testing programs, it may be prudent to reevaluate genetic tests through the lens of the Anti-Kickback Statute and reconsider whether it is proper for free testing programs to be treated like patient assistance programs, says Mary Kohler at Kohler Health Law.
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Where Justices Stand On Chevron Doctrine Post-Argument
Following recent oral argument at the U.S. Supreme Court, at least four justices appear to be in favor of overturning the long-standing Chevron deference, and three justices seem ready to uphold it, which means the ultimate decision may rest on Chief Justice John Roberts' vote, say Wayne D'Angelo and Zachary Lee at Kelley Drye.