Genetic testing company Invitae Corp. asked a Utah federal court Monday to throw out Myriad Genetics Inc.’s suit alleging Invitae infringed on its patents relating to genetic screening for breast cancer, saying the court lacks jurisdiction because Invitae has no contacts in Utah.
A personal injury boutique told a Texas appeals court Monday that a former associate's claim to millions in attorneys' fees from a settlement with GlaxoSmithKline LLC over its development and marketing of Avandia must be arbitrated even though his compensation agreement lacks such a requirement.
A New Jersey firm on Monday asked a federal judge to grant it summary judgment in its case against a former client who brought a whistleblower suit against Novartis AG alleging tax improprieties, saying the client refused to pay for services after failing to secure an award.
The Federal Trade Commission asked a Pennsylvania federal judge Monday to add Teva Pharmaceutical Industries Ltd. as a defendant in its antitrust suit over payments Provigil maker Cephalon Inc. made to block generic versions of its drug, citing Teva's acquisition of the company.
Princeton HealthCare System won access to a New Jersey county prosecutor’s files on Friday, in its effort to dodge a suit brought by the estate of a Princeton patient who died after being poisoned by his wife, an ex-employee of co-defendant Bristol-Myers Squibb Inc.
A California federal judge on Monday tossed a putative class action accusing dental products maker Align Technology Inc. and two of its executives of violating federal securities laws by failing to timely write down tens of millions of dollars of Align’s goodwill that was impaired.
A California federal judge preserved claims on Monday in the U.S. Securities and Exchange Commission's fraud suit against an ex-Hansen Medical Inc. executive, finding there was enough evidence showing he may have helped create phony sales of medical equipment that grossly inflated the company's revenues.
CVS Caremark Corp. and Cardinal Health Inc. will launch a joint venture that will serve as the largest generic drug sourcing entity in the U.S., the companies announced Tuesday.
A Pennsylvania appeals court found Monday that expert reports submitted in a suit against Rite Aid Corp. and The Procter & Gamble Co. by a plaintiff suffering from severe neurological problems did not establish a clear link between his condition and the zinc in Fixodent denture adhesive.
Drugmakers Johnson & Johnson and Novartis AG on Tuesday were hit with a total of €16.3 million ($22.4 million) in fines by European regulators for entering into an anti-competitive agreement to delay the introduction of a generic painkiller in the Netherlands.
Novartis is considering a one-for-one swap of its $4 billion animal health unit for a yet-unnamed Merck division, while a Blackstone-backed landlord could find itself under new ownership in one of Germany's biggest real estate transactions of the year.
Activist hedge fund Elliott Management Corp. said Tuesday that it would use its sizable minority stake in Celesio AG to stymie a €6.1 billion ($8.4 billion) takeover bid lobbed at the German drug distributor by California-based peer McKesson Corp.
A New Jersey federal judge on Monday junked a whistleblower’s False Claims Act suit accusing Express Scripts Inc. and other companies of using inflated average wholesale prices to devise a Medicaid overbilling scheme, ruling the public disclosure doctrine blocked the suit.
Heart health management company Boston Heart Diagnostics Corp. launched a suit in Massachusetts federal court Monday alleging a laboratory testing company's genetic testing for statin-induced myopathy risk violates Boston Heart's licensed patent for the same testing.
An Illinois federal judge on Monday slapped Boehringer Ingelheim Pharmaceuticals Inc. with nearly $1 million in sanctions for discovery abuses in multidistrict litigation over its oral anticoagulant Pradaxa, finding that the drugmaker’s failure to produce thousands of documents amounted to bad-faith conduct.
Resolving long-running multidistrict litigation in New York, Merck & Co. Inc. agreed Monday to pay $27.7 million to settle hundreds of lawsuits claiming its bone drug Fosamax caused a condition known as osteonecrosis of the jaw.
A New York federal judge on Friday pared most claims from Enzo Biochem Inc.’s suit alleging Affymetrix Inc. had breached a contract allowing it to distribute Enzo’s products for detecting nucleic acids, ruling Enzo had not provided enough information to back the claims up.
A South Carolina federal judge refused Friday to dismiss a patent infringement suit AstraZeneca Pharmaceuticals LP faces over a clinical trial of alternative uses for its Crestor cholesterol drug, trimming several claims lodged by the University of South Carolina's medical school but leaving others intact.
Biogen Idec Inc. hasn’t done enough to confirm the sterility of its containers and has repeatedly engaged in substandard recordkeeping, including one episode in which documentation was viewed by regulators as “questionable,” according to a U.S. Food and Drug Administration inspection report released Friday.
In a patent dispute over suture anchors used in reconstructive surgery that Arthrex Inc. said contorted the "willful blindness" test for indirect infringement, the U.S. Supreme Court declined on Monday to disturb a Federal Circuit decision awarding $85 million to Smith & Nephew Inc.
No document review mechanism guarantees perfection, but the adoption of predictive coding has the potential to drastically alter the way in which documents are reviewed and produced in complex pharmaceutical and medical device litigation, says Jessica Sykora of Norton Rose Fulbright.
You might have heard this before — a cancer patient was treated with Aredia/Zometa, which, it is claimed, caused the patient to suffer from osteonecrosis of the jaw. A lawsuit is filed, the patient subsequently dies from the cancer, the plaintiff lawyers do not file the requisite paperwork to substitute in a new party, and the case is dismissed. But the defendant is not prejudiced by this kerfuffle, right? Wrong, says Stephen McConnell of Reed Smith LLP.
In light of the proposed e-discovery amendments to the Federal Rules of Civil Procedure, businesses need to set themselves up to efficiently respond to discovery and requests for information from their counsel by implementing and following document-control policies as part of normal business practices. The failure to do so will eventually consume vast amounts of employee time, say Steven Cvitanovic and Colin Murphy of Haight Brown & Bonesteel LLP.
While the technology at issue in Commil USA LLC v. Cisco Systems Inc. was not life sciences, the implications of the Federal Circuit's decision, and the trend in the law it reflects, likely will be significant for companies that often rely on method-of-treatment, mechanism-of-action and method-of-manufacturing patents as key value drivers. Such patents may be materially weakened, say Eric Marandett and Diana Huang of Choate Hall & Stewart LLP.
In Rowland v. Novartis Pharmaceuticals Corp., three Pennsylvania plaintiffs — merely because they were rousted to multidistrict litigation — received the advantage of the different choice-of-law rules for states to which they had no connection, rather than being bound by the choice-of-law rules of their actual domiciliary state. Where, as in Rowland, the plaintiff is a pure litigation tourist, this is an absurd result, says James Beck of Reed Smith LLP.
There are several unique defenses, depending on the state, available to defendant pharmaceutical companies which arise from the discord between consumer protection statutes and prescription drugs, say Yvonne McKenzie and Gabriel Vidoni at Pepper Hamilton LLP.
What is the thinking as to whether leaky air conditioner cases warrant multidistrict litigation treatment? On Dec. 5, the Judicial Panel on Multidistrict Litigation heads to Vegas to find out. This will bring a temperature shift in more ways than one from the September hearing, where the panel considered a potential MDL proceeding arising from allegedly defective clothes dryers, says Alan Rothman of Kaye Scholer LLP.
In addition to continued headline-grabbing litigation involving pharmaceutical companies in the wake of PLIVA Inc. v. Mensing, 2013 brought a number of important cases informing everything from class certification questions and product labeling trends to False Claims Act liability and fracking disputes, say attorneys at Weil Gotshal & Manges LLP.
China's Food and Drug Administration recently announced changes to its Drug Registration Rules, which, while demonstrating the agency’s determination to foster innovation, may not achieve a balance between multinational drug companies and domestic competitors in its current shape, says Katherine Wang of Ropes & Gray LLP.
Five years ago, the Federal Trade Commission waded into the debate regarding the competition issues posed by “follow-on biologics.” Some three years after Congress provided a pathway for approval of such products, no follow-on biologic has been approved by the U.S. Food and Drug Administration. Now the FTC is revisiting the issue — particularly state restrictions, say attorneys with Wilson Sonsini Goodrich & Rosati.