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Life Sciences
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April 22, 2024
Broker In Penny Stock Scheme Says SEC Is Forum Shopping
A former California securities broker serving a prison term for a $150 million pump and dump scheme said Monday that a companion civil case brought by the Securities and Exchange Commission does not belong in Massachusetts.
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April 22, 2024
DEA Tells 9th Circ. 'Right To Try' Doesn't Rewrite CSA
The U.S. Drug Enforcement Administration is urging the Ninth Circuit to reject an appeal by a doctor who seeks to administer psilocybin to terminal cancer patients to treat depression, saying the Right to Try Act doesn't waive the Controlled Substances Act's prohibitions or authorize the DEA to do so.
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April 22, 2024
J&J Says Worker's Drug Costs Suit Misses Big Picture
Johnson & Johnson asked a New Jersey federal judge to toss a worker's suit claiming employees were overcharged for their prescriptions under a drug benefit program because of a contract with a pharmacy benefits manager, saying employees didn't show they could've gotten a better deal elsewhere.
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April 22, 2024
Catching Up With Delaware's Chancery Court
Last week, Delaware's Chancery Court news included a Tesla announcement about moving to Texas, a midcase appeal of Tripadvisor's move to Nevada, and United Airlines' escape from a stockholder suit. Disputes about board entrenchment, squeeze-out mergers, co-founder fallouts and deadly ice cream moved ahead.
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April 22, 2024
Thermo Fisher Says Rival Is Raiding Its Workforce
Thermo Fisher Scientific Inc. is seeking to block Repligen Corp. from hiring one of its top executives, according to a suit in Massachusetts state court accusing the rival of a "systematic raiding" of its workforce.
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April 22, 2024
Supreme Court Won't Review Vanda's IP Obviousness Appeal
The U.S. Supreme Court on Monday rejected Vanda Pharmaceuticals Inc.'s request for review of how the Federal Circuit is deciding whether patents are invalid as obvious, ending the company's attempt to revive patents covering its sleep disorder drug Hetlioz.
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April 19, 2024
Allergan To Face Kickback Claim In Suit Over Child Botox Use
A Texas federal judge has axed allegations that pharmaceutical company Allergan Inc. defrauded the U.S. government when it promoted the unapproved use of Botox to treat migraines in children but will allow claims that the company bribed doctors to conduct the procedure to move forward.
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April 19, 2024
Judge Mulls Axing Biomedical Cos.' $25M Punitive Damages
Not enough evidence supports Skye Orthobiologics' $25.5 million punitive damages award against an ex-employee found to have breached his fiduciary duties by leveraging Skye's proprietary information, a California federal judge has ruled, asking for briefing on whether the proper remedy is to cut the damages or grant a new trial.
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April 19, 2024
Flint Class Urges Approval Of $25M Water Firm Settlement
A proposed class of 45,000 Flint, Michigan, property owners, businesses and adult residents on Friday urged a Michigan federal court to give the go-ahead to a $25 million settlement with Veolia North America, the last remaining engineering defendant in sprawling litigation over the city's water crisis.
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April 19, 2024
Walgreens Inks $110M Deal To End Philly Opioid Crisis Suit
Walgreens will pay the city of Philadelphia $110 million over the next five years to settle claims that it contributed to the opioid epidemic by ignoring suspicious prescriptions for addictive opioid painkillers, city officials announced Friday.
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April 19, 2024
J&J Unit Sued Over Defective Knee Replacements
A woman is suing Johnson & Johnson unit DePuy Orthopaedics in New Jersey federal court, alleging it marketed and sold a faulty knee replacement system that's prone to failing, requiring additional surgery to fix the issue.
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April 19, 2024
Blumenauer: This 4/20 Will Be The Last For Schedule I Pot
U.S. Rep. Earl Blumenauer, D-Ore., one of the most ardent champions of marijuana policy reform on Capitol Hill, said Friday that he was optimistic 2024 would be final year that cannabis would remain a Schedule I substance under federal law.
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April 19, 2024
UK Litigation Roundup: Here's What You Missed In London
This past week in London has seen U.K. holiday resort chain Butlins target Aviva and a huddle of insurers, Meta and WhatsApp tackle a patents claim by telecommunications company Semitel, an ongoing construction dispute between Essex County Council and Balfour Beatty, and Formycon AG hit a pharmaceutical company for infringing medical products. Here, Law360 looks at these and other new claims in the U.K.
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April 18, 2024
USPTO Reveals Scaled-Back Plan For New Patent Board Rules
The U.S. Patent and Trademark Office unveiled proposed Patent Trial and Appeal Board rules Thursday that would codify current policies on when multiple challenges to one patent are permitted and set a new briefing process about discretionary denials, which attorneys say should add clarity.
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April 18, 2024
NY Fertility Clinic Must Face Lost, Damaged Embryos Suit
A New York appellate panel issued a published opinion Thursday reviving a suit over the loss or damage of embryos due to a fertility clinic's alleged negligence, saying the routine storage and maintenance of frozen embryos can be considered ordinary negligence rather than medical malpractice.
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April 18, 2024
EU Antitrust Chief Says Merger Tool Not A 'Power Grab'
The European Commission's top competition enforcer said Thursday the agency has taken a measured approach to using its newly asserted power to review mergers that fall short of local thresholds, as the European trading bloc's high court mulls a challenge of that authority from DNA sequencing company Illumina.
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April 18, 2024
Pharma Ex-Exec Can't Revive $12M Underpayment Suit in US
A Manhattan federal judge has refused to rethink her decision tossing a $12 million suit accusing Altum Pharmaceuticals Inc. and its cannabis-focused parent company, BetterLife Pharma Inc., of stock dilution and underpaying a former executive chairman of the board of directors, saying the claims are better suited for Canadian courts.
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April 18, 2024
J&J Notches Win In Fla. Talcum Powder Trial
A Florida state jury returned a verdict for Johnson & Johnson on Thursday, finding the company's talcum-based baby powder had not been shown to cause the ovarian cancer of a longtime user of the product.
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April 18, 2024
Pharma Co. Wants Tribe's Opioid Suit To Stay In Federal Court
A pharmaceuticals distributor has asked an Oklahoma federal court to reject a magistrate judge's recommendation to move to state court a suit accusing it of flooding the Cherokee Nation's communities with opioids, saying the tribe's complaint raises a substantial question of federal law.
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April 18, 2024
Endo Pleads Guilty To Marketing Opioids As 'Crush Proof'
Endo Health Solutions Inc. pled guilty Thursday in Michigan federal court to putting out a drug it falsely advertised as being "crush proof" and "abuse deterrent," part of its larger agreement with the government to resolve nearly $2 billion in civil and criminal claims against the company.
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April 18, 2024
23andMe Taps Dechert To Review CEO Buyout Proposal
A special committee of genetic testing company 23andMe has engaged Dechert LLP as its legal adviser and Wells Fargo as its financial adviser as it looks to review an anticipated buyout offer from its co-founder and CEO Anne Wojcicki, according to a statement Thursday.
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April 18, 2024
FDA Head Gets GOP Rep.'s Rebuke Over Pot Rescheduling
The Republican chair of a U.S. House of Representatives Appropriations subcommittee on Thursday chided the commissioner of the U.S. Food and Drug Administration for the agency's recommendation last year to loosen restrictions on marijuana.
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April 18, 2024
Biotech Co. NanoString Lands $393M Bid At Ch. 11 Auction
Scientific instrument maker Bruker Corp. is set to acquire insolvent biotechnology company NanoString for roughly $393 million in cash that would be used to repay creditors under the debtor's recently proposed Chapter 11 plan, a notice filed in Delaware's bankruptcy court shows.
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April 17, 2024
Trial-Ready Paraquat MDL Cases Tossed After Testimony Axed
An Illinois federal judge on Wednesday threw out the first group of trial-ready cases over the herbicide paraquat, agreeing with Syngenta and Chevron that the plaintiffs' expert testimony must be excluded and finding that the cases fail without that testimony.
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April 17, 2024
Walgreens Investors' $36M Deal In Opioid Suit Gets First OK
An Illinois federal judge on Wednesday granted his initial approval of a $36 million settlement to end a stockholder's derivative suit accusing Walgreens and its leadership of failing to limit retail pharmacies from dispensing unreasonable amounts of opioids.
Expert Analysis
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Coming To Terms With Means-Plus-Function Patent Claims
Made-up patent claim terms can open arguments that means-plus-function claim interpretation applies under the Patent Act, but a series of practice tips, including the use of structural language immediately after introducing a claim element, can help avoid such perceptions, says Brad Luchsinger at Harness IP.
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5 Steps For Healthcare Companies After Biden's AI Order
Rather than simply monitoring for the issuance of agency guidelines on artificial intelligence in the wake of President Joe Biden's October executive order, health and life sciences companies should take action now and begin building internal operational and technical infrastructures designed to govern the use of AI, says Joy Sharp at Faegre Drinker.
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Opinion
Giving The Gov't Drug Patent March-In Authority Is Bad Policy
The Biden administration's recent proposal to allow government seizure of certain taxpayer-funded drug patents is a terrible idea that would negate the benefits of government-funded research, to the detriment of patients and the wider economy, says Wayne Winegarden at Pacific Research Institute.
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How Clients May Use AI To Monitor Attorneys
Excerpt from Practical Guidance
Artificial intelligence tools will increasingly enable clients to monitor and evaluate their counsel’s activities, so attorneys must clearly define the terms of engagement and likewise take advantage of the efficiencies offered by AI, says Ronald Levine at Herrick Feinstein.
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7 Enforcement Predictions For US Export Controls, Sanctions
Federal agencies' assertions of coming increases in export-control and sanctions-violations enforcement are not new, but recent improvements in resources and inter-agency cooperation allow for certain predictions about how the administration’s latest approach to enforcement may be applied going forward, say attorneys at Akin.
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How AI Executive Order Aims To Compete For Foreign Talent
Immigration provisions within the Biden administration's executive order on artificial intelligence take a strategic approach to promoting the U.S. as a destination for AI and STEM talent by streamlining visa processing, enhancing educational and exchange programs, and improving current visa programs and pathways to permanent residency, says Eric Bord at Morgan Lewis.
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Series
ESG Around The World: Singapore
Singapore is keen to establish itself as a leading international financial center and a key player in the sustainable finance ecosystem, and key initiatives led by its government and other regulatory bodies have helped the Asian nation progress from its initially guarded attitude toward ESG investment and reporting, say attorneys at Morgan Lewis.
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Series
The Pop Culture Docket: Judge D'Emic On Moby Grape
The 1968 Moby Grape song "Murder in My Heart for the Judge" tells the tale of a fictional defendant treated with scorn by the judge, illustrating how much the legal system has evolved in the past 50 years, largely due to problem-solving courts and the principles of procedural justice, says Kings County Supreme Court Administrative Judge Matthew D'Emic.
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Navigating Asset Tracing Challenges In Bankruptcy
A Virginia court’s recent ruling in Health Diagnostic Laboratory Inc.'s bankruptcy highlights the heightened demand for asset tracing and the strategic use of the lowest intermediate balance rule in recovering funds from commingled accounts, says Daniel Lowenthal at Patterson Belknap.
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Reading The Fine Print On FDA's Prescription Drug Ad Rule
The U.S. Food and Drug Administration's new final rule regarding the disclosure of risks and side effects in ads for prescription drugs includes some broad and potentially subjective language, and some missed opportunities to address how traditional media formats have changed in recent years, say attorneys at Ropes & Gray.
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Perils Of Incorporation By Reference At The Federal Circuit
The Federal Circuit's recent decision backing a Patent Trial and Appeal Board ruling against Medtronic illustrates the perils of arguments through incorporation by reference, which can result in waiver of arguments and an adverse decision on appeal, says Ryan Hagglund at Loeb & Loeb.
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Series
Performing Music Makes Me A Better Lawyer
The discipline of performing live music has directly and positively influenced my effectiveness as a litigator — serving as a reminder that practice, intuition and team building are all important elements of a successful law practice, says Jeff Wakolbinger at Bryan Cave.
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'Patient' Definition Ruling Raises Discount Drug Questions
A South Carolina federal court's recent decision in Genesis Health Care v. Becerra supports a broader definition of a "patient" eligible to receive discounted drugs under the Section 340B program, but raises a host of novel questions regarding how the decision will affect covered entities and enforcement actions, say attorneys at McDermott.
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Breaking Down High Court's New Code Of Conduct
The U.S. Supreme Court recently adopted its first-ever code of conduct, and counsel will need to work closely with clients in navigating its provisions, from gift-giving to recusal bids, say Phillip Gordon and Mateo Forero at Holtzman Vogel.
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How Purdue High Court Case Will Shape Ch. 11 Mass Injury
The U.S. Supreme Court's recent arguments in Harrington v. Purdue Pharma, addressing the authority of bankruptcy courts to approve nonconsensual third-party releases in Chapter 11 settlement plans, highlight the case's wide-ranging implications for how mass injury cases get resolved in bankruptcy proceedings, says George Singer at Holland & Hart.