Life Sciences

  • April 20, 2018

    Cephalon's $125M Antitrust Deal Is Valid, Atty Power Unknown

    A contract outlining terms of Cephalon Inc.’s $125 million settlement, which resolved allegations it paid competitors to delay generic versions of its Provigil drug, is binding and enforceable, a Pennsylvania federal judge said Friday, but left undetermined if an insurer-claimant’s attorneys were authorized to approval the deal.

  • April 20, 2018

    Alnylam, Dicerna Settle Trade Secrets Case Ahead Of Trial

    With a trial looming, Dicerna Pharmaceuticals Inc. announced Friday it would shell out $15 million and close to a million shares of common stock to end Massachusetts state and federal court litigation with Alnylam Pharmaceuticals Inc. in which both sides accused the other of misappropriating trade secrets for technology related to RNA interference.

  • April 20, 2018

    Vitamin C Importers Urge Less Int’l Deference At High Court

    Vitamin C importers told the U.S. Supreme Court in a brief ahead of oral arguments next week that domestic courts are not required to defer to a foreign government's interpretation of its own laws, in a closely watched price-fixing case set to include participation from both the U.S. and China over the vacating of a $147.8 million judgment.

  • April 20, 2018

    Janssen Escapes Whistleblower Suit Over Off-Label Opiods

    A California federal judge Thursday nixed a False Claims Act suit accusing Johnson & Johnson subsidiary Janssen Pharmaceutical NV of using unlawful marketing practices to boost off-label sales of its opioid prescription drugs, saying a change of the pseudonym for the whistleblower who filed the suit violated the FCA’s first-to-file doctrine.

  • April 20, 2018

    6 Firms To Guide Tech-Heavy IPO Lineup Set To Exceed $1.3B

    Six firms are set to guide companies on initial public offerings estimated to surpass $1.3 billion during the week of April 23, steering a technology-dominated lineup led by a projected $542 million offering from electronic signature company DocuSign Inc.

  • April 20, 2018

    Shire Weighing Revised £44B Buyout Offer From Takeda

    Dublin-based Shire said Friday it was mulling a revised £44 billion ($62 billion) takeover offer from Japan’s Takeda Pharmaceuticals, just a day after the rare-disease-focused pharmaceutical company revealed it had rejected three previous offers for undervaluing both its future growth prospects and its pipeline.

  • April 20, 2018

    Disney Workers Urge 9th Circ. To Revive Valeant ERISA Suit

    Former Walt Disney Co. employees have urged the Ninth Circuit to revive their suit alleging their pension plan trustees breached a fiduciary duty by not monitoring a mutual fund’s investments in now-embattled Valeant, arguing the lower court incorrectly treated their allegations as stock-drop claims.

  • April 20, 2018

    Oregon Tribe Sues Pharma Cos. Over Opioid Epidemic

    The Confederated Tribes of the Umatilla Indian Reservation on Thursday became the latest tribe to file a lawsuit against a host of drug distributors and pharmaceutical companies over the opioid crisis, accusing them of purposefully creating the epidemic’s conditions and accelerating them.

  • April 20, 2018

    Bayer, J&J Can't Nix Xarelto Case Midtrial, Patient Says

    A patient suing units of Bayer AG and Johnson & Johnson over the blood thinner Xarelto pushed back Thursday against the drugmakers’ midtrial motion to throw out the case, saying testimony showed his prescribing doctors would have acted differently had the label included additional warnings.

  • April 20, 2018

    Experts Look To Congress To Stem Patent-Eligibility ‘Chaos’

    The U.S. Supreme Court’s patent-eligibility decisions like Alice have caused “total chaos” that diminishes patent protection for software and medical diagnostics, and it may be time for Congress to step in, the former director of the USPTO and other patent leaders said at a conference Friday.

  • April 20, 2018

    MiraLAX Generics Get FDA Reprieve Despite Bayer Objections

    Sales of generic versions of popular constipation drug MiraLAX will be allowed for an extra six months, the U.S. Food and Drug Administration revealed Friday, rejecting opposition from Bayer AG and reversing the agency's own recent order requiring sales to end promptly.

  • April 20, 2018

    Health Hires: Goodwin, Shook Hardy, Michael Best, Orrick

    The latest firms to expand their life sciences and health care abilities are Goodwin Procter LLP, Shook Hardy & Bacon LLP, Michael Best & Friedrich LLP, Orrick Herrington & Sutcliffe LLP, Harter Secrest & Emery LLP, Eversheds Sutherland and Cole Schotz PC.

  • April 20, 2018

    Ex-Aveo CFO Denied Quick Win In SEC’s Cancer Drug Suit

    A Massachusetts federal judge on Thursday denied a summary judgment bid from the only former Aveo Pharmaceuticals Inc. executive still fighting the U.S. Securities and Exchange Commission’s claims that the company misled investors about the likelihood of approval for its premier cancer drug.

  • April 20, 2018

    Taxation With Representation: Freshfields, Thompson, Davis

    In this week’s Taxation With Representation, Procter and Gamble bought Merck KGaA’s consumer health business for $4.2 billion, Icahn’s Tropicana sold its real estate assets to Gaming and Leisure Properties Inc. and merged its gaming and hotel operation with Eldorado Resorts Inc. in a $1.85 million deal, and Shire sold its oncology business to Servier SAS for $2.4 billion.

  • April 20, 2018

    Fed. Circ. Revives Medinol Patent Suit Killed By Laches

    The Federal Circuit on Thursday revived Medinol Ltd.’s patent infringement suit against Cardinal Health unit Cordis Corp. and Cordis’ former parent Johnson & Johnson, a decision that came a year after the U.S. Supreme Court shot down the laches defense that had originally gotten the case dismissed.

  • April 20, 2018

    Tax Critic Laments Federal Code's Effect On Marijuana Market

    A tax critic told a marijuana conference Friday that current tax laws are unfairly hampering the legal marijuana industry by making cannabis dispensaries subject to a provision that disallows tax deductions for entities involved in the trafficking of illegal products.

  • April 20, 2018

    Will High Court Ever End Circuit Split Over FCA Pleading?

    The U.S. Supreme Court’s latest refusal to tackle the enduring and highly consequential circuit split over how precisely False Claims Act suits must be pled has left lawyers wondering whether justices will wade into the legal morass anytime soon.

  • April 20, 2018

    Biogen Pays Pharma Co. Ionis $1B To Extend Partnership

    Massachusetts based biotechnology company Biogen Inc. on Friday said that it has agreed to pay Ionis Pharmaceuticals Inc. $1 billion to extend a strategic partnership through a 10-year collaboration to develop drugs that treat neurological diseases.

  • April 20, 2018

    FDA Offers Guidance On Making Opioid Addiction Treatments

    The U.S. Food and Drug Administration released draft guidance Friday outlining ways drug companies can develop new medications to treat opioid addiction, focusing on how companies can create modified-release drugs that are either implanted or injected.

  • April 20, 2018

    Pa. Court Won't Derail State's Medical Marijuana Program

    A Pennsylvania court agreed on Friday that a company that lost out on a potentially lucrative cannabis dispensary permit needed to exhaust administrative remedies before it could file suit challenging the constitutionality of the application process for the state’s new medical marijuana program.

Expert Analysis

  • Rule 23 Changes: Avoid Delays In Class Settlement Approval

    Shandarese Garr

    Among the proposed amendments to Rule 23 of the Federal Rules of Civil Procedure, which are scheduled to take effect Dec. 1, are specific requirements related to “front-loading.” They outline the process for seeking preliminary court approval of class action settlements and related notice plans, say Shandarese Garr and Niki Mendoza of Garden City Group LLC.

  • Opinion

    The Flawed European Remedy To Bayer-Monsanto Deal

    Allen Grunes

    It is a safe bet that the U.S. Department of Justice is poised to sign on to the European agreement on Bayer’s acquisition of rival Monsanto, perhaps with a few tweaks. Even so, the Bayer-Monsanto transaction is likely to harm U.S. farmers, say Allen Grunes and Maurice Stucke, founders of The Konkurrenz Group.

  • Best Practices For Building A Better Meeting

    Nicholas Cheolas

    How can we improve meetings in the legal industry, which tends to evolve with the speed of a tranquilized water buffalo mired in quicksand? Breaking it down to three phases can yield significant benefits, says Nicholas Cheolas of Zelle LLP.

  • UK Patent Ruling Sharpens Contrast With US Practice

    Edward Kelly

    The U.K. Court of Appeal's decision last month in Regeneron v. Kymab is significant because it aligns the U.K.’s approach to the assessment of insufficiency with that of the European Patent Office. It also highlights, for U.S. companies, the stricter standard to which patent specifications are subject in Europe, say Edward Kelly and Regina Sam Penti of Ropes & Gray LLP.

  • Missouri Talc Decision Could Signal Mass Tort Sea Change

    Corey Schaecher

    The Missouri Supreme Court recently declined to review a lower court's overturning of a $72 million talc verdict against Johnson & Johnson. This decision not only clears the way for Johnson & Johnson’s success in appeals of three other Missouri talc verdicts, but could herald a fundamental change in how mass tort cases may be litigated, say attorneys with Lewis Rice LLC.

  • 5 Ways Law Firms Are Becoming More Like Hotels

    Bella Schiro

    One way law firms differentiate themselves from the competition to attract and retain top talent is through their real estate and workplace strategies. Taking a lead from the hospitality industry can help create a more inviting, welcoming and collaborative workspace environment, says Bella Schiro of Jones Lang LaSalle Inc.

  • Fed. Circ.'s Latest Guidance On Method-Of-Treatment Claims

    Preston Ratliff

    This month's decision in Vanda v. West-Ward is the first Federal Circuit opinion to directly speak to the patent eligibility of method-of-treatment claims under the Mayo two-step framework, and builds on the court’s decision in CellzDirect in embracing the importance of step one of the Mayo test, say attorneys with Paul Hastings LLP.

  • Highlights Of ABA Antitrust Spring Meeting: Part 1

    Shylah Alfonso

    The American Bar Association’s 66th Antitrust Law Spring Meeting included a number of sessions with representatives from federal and state antitrust enforcement agencies. Attorneys with Perkins Coie LLP offer some key takeaways from those sessions.

  • Opinion

    Gorsuch's 1st Year Shows He Is A Conservative Activist

    Elliot Mincberg

    In his first year on the U.S. Supreme Court, Justice Neil Gorsuch has proven to be a narrow-minded elitist who consistently votes in favor of corporations and the powerful, acting to roll back protections for workers, consumers, LGBTQ individuals and other marginalized communities, says Elliot Mincberg of People for the American Way.

  • Preempting Preemption: Device Cases After Shuker — Part 2

    Kip Petroff

    Preemption must be kept in mind as one approaches any medical device litigation; however, it need not be feared. Despite what some observers may say, the preemption shield is not as large as it might seem, and plaintiffs attorneys can still preempt the preemption defense with careful planning, say Kip Petroff and Caio Formenti of the Law Office of Kip Petroff.