Life Sciences

  • April 21, 2017

    Medtronic's $17M Patent Infringement Penalty Is Enhanced

    A Texas federal judge on Thursday boosted by 20 percent a $17.7 million damages judgment against Medtronic Inc. for infringement of two medical device patents, saying the add-on was warranted given evidence of “reckless” copying, though he declined to grant attorneys’ fees.

  • April 21, 2017

    FDA Deluged With Feedback On Off-Label Policies

    The U.S. Food and Drug Administration is getting flooded with praise and criticism from drugmakers, device makers, consumer advocates and trial lawyers regarding recent policy statements about off-label promotion, newly released letters show.

  • April 21, 2017

    No Doubt Talc Can Enter Body, Jury Told In J&J Cancer Trial

    A pharmacology and toxicology expert called by a woman alleging she developed ovarian tumors after using Johnson & Johnson’s talcum powder products told a Missouri jury Friday that it is indisputable that particles, such as talc, can enter the female reproductive system from external use.

  • April 21, 2017

    Taxation With Representation: Skadden, Cravath, Simpson

    In this week’s Taxation With Representation, Skadden guides a $6.1 billion deal in the health industry, Cravath heads two transactions each worth $600 million or more, and Simpson Thacher helps PetSmart purchase online pet food retailer Chewy.

  • April 21, 2017

    GSK's Paxil Loss Forces 7th Circ. Generic Liability Showdown

    Thursday's $3 million jury verdict finding GlaxoSmithKline liable for a Reed Smith LLP partner's death means that the Seventh Circuit may finally have to answer a question it avoided three years ago, one that is a hot topic among product liability lawyers: Can brand-name manufacturers be held liable for an injury caused by a generic drug?

  • April 21, 2017

    More Details Out In Del. Bid To Stop Theranos Share Swap

    Fuller details of hedge fund challenges to a Theranos Inc. share exchange allegedly aimed at shutting down liability claims against the biotech company emerged in Delaware’s Chancery Court late Thursday, as the two sides head toward a May 11 hearing on a preliminary injunction.

  • April 21, 2017

    Meet The Attys Arguing Supreme Court Biosimilars Battle

    The U.S. Supreme Court is set to hear a blockbuster biosimilars case with multibillion-dollar implications for consumers and Big Pharma, and the outcome may well turn on arguments delivered by powerhouse litigators for Amgen and Sandoz. Law360 spoke with the attorneys representing the companies for insights into their legal strategies in Wednesday’s high-stakes showdown.

  • April 21, 2017

    Pa. Mesh Cases Won't Be Stayed For Jurisdiction Appeals

    A Pennsylvania state judge has rejected a bid by Boston Scientific Corp. and a Johnson & Johnson unit to use two pending U.S. Supreme Court appeals over jurisdictional issues to stay more than a hundred cases from out-of-state plaintiffs over injuries caused by allegedly defective pelvic mesh products.

  • April 21, 2017

    Honigman Miller Adds Ex-Kirkland & Ellis IP Atty In Chicago

    Honigman Miller Schwartz and Cohn LLP said this week that it has bolstered its intellectual property department in its Chicago office with the addition of a former Kirkland & Ellis LLP attorney who represents clients in life sciences and other industries.

  • April 20, 2017

    Cherokees Say Wal-Mart, Walgreens Let Opioids Loose

    The Cherokee Nation hit Wal-Mart, Walgreens and other major retail pharmacies and drug distributors with a suit in tribal court Thursday, alleging the companies have allowed opioid abuse to reach epidemic proportions within the Oklahoma tribe by failing to block illegally prescribed opioids from reaching its members.

  • April 20, 2017

    Stryker Cut From Zimmer's Howmedica Trade Secrets Suit

    Medical technology company Zimmer Inc., Howmedica Osteonics Corp. and others have agreed to cut Stryker Corp. from Zimmer’s lawsuit accusing Howmedica of developing a “Trojan horse” plan to steal its trade secrets, as long as certain conditions apply.

  • April 20, 2017

    Momenta, Sandoz Again Try To Nix Amphastar's Antitrust Suit

    Momenta and Sandoz on Thursday asked a Massachusetts federal judge to toss a revived antitrust suit by Amphastar claiming they stifled competition for generic anticoagulant enoxaparin, saying there have been no barriers to selling the drug.

  • April 20, 2017

    FDA Warns That Kids Shouldn't Use Codeine, Tramadol

    The U.S. Food and Drug Administration on Thursday said that it’s requiring labeling changes to two opioid medications — codeine and tramadol — to warn that children under 12 shouldn’t use them, and to include stronger warnings that nursing mothers shouldn’t use them.

  • April 20, 2017

    Cornell, Illumina Settle Long-Running DNA Analysis IP Suit

    Cornell University and Illumina Inc. have resolved a lawsuit over the latter’s alleged infringement of 11 patents covering methods of and instruments for DNA and RNA sequencing, according to a Tuesday filing in Delaware federal court.

  • April 20, 2017

    GSK Hit With $3M Verdict For Reed Smith Atty’s Suicide

    An Illinois federal jury on Thursday found GlaxoSmithKline liable for the death of Reed Smith LLP partner Stewart Dolin and ordered the pharmaceutical giant to pay $3 million to the attorney’s widow, reaching the conclusion that a generic version of GSK’s Paxil caused Dolin to take his own life.

  • April 20, 2017

    Bayer Gets Quick Win In Suit Challenging Probiotic Claims

    Bayer HealthCare LLC has landed a quick judgment win in the proposed class action alleging it lied about the health benefits of its digestive supplements, after a New Jersey federal judge concluded that the consumers had failed to present competent evidence supporting their claims.

  • April 19, 2017

    Pfizer Hit With DOJ Subpoena Over Saline Shortages

    Pfizer confirmed Wednesday that it had received grand jury subpoenas from the antitrust division of the U.S. Department of Justice as part of an investigation into shortages of saline solutions, a probe that also appears to have targeted the new owner of Pfizer’s former intravenous unit.

  • April 19, 2017

    Diabetes Test Maker Eavesdropped In Abbott Suit, Attys Say

    An executive for a company accused by Abbott Laboratories of selling “gray market” diabetes test strips listened in on other defendants' confidential depositions with the help of Kerr Russell counsel, attorneys alleged in New York federal court Wednesday, saying the depositions touched on trade secrets and other sensitive information.

  • April 19, 2017

    Invisalign Patents To Get Yet Another Look At USPTO

    The U.S. Patent and Trademark Office will reopen a probe into the validity of two patents held by the parent company of the popular braces alternative Invisalign following a Patent Trial and Appeal Board ruling nixing another Invisalign patent, according to recent filings.

  • April 19, 2017

    Indirect Share Purchasers Cleared To Sue Theranos

    Investors who purchased Theranos Inc. stocks through a third party can sue the company for securities fraud, and the investment firms that brokered the deals may be on the hook for fraud too, a California federal judge said on Tuesday.

Expert Analysis

  • 5 Social Media Pitfalls In The Pharmaceutical Industry

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    Because the U.S. Food and Drug Administration has provided only some basic guidance on the subject, companies should take care when using social media in the pharmaceutical industry, which the FDA is clearly watching. With proper planning and execution, the internet is a great vehicle for the industry to advance health improvement and disease prevention, say Henniger Bullock and Colleen Tracy James of Mayer Brown LLP.

  • Tips For Finding Your Company's Hidden IP

    Neil Belson

    Research-based companies routinely fail to take full advantage of the intellectual property they already possess, particularly by focusing solely on protecting a project’s end product and overlooking other IP created during its development, says Neil Belson of Potomac Law Group PLLC.

  • Monthly Column

    Gray Matters: The Attorney-Client Team

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    A 1979 study of attorney-client interactions revealed startling information: Despite years of education and training to hone their legal expertise, attorneys were not acting as independent counselors but rather allowing their clients to control them. Our experience is that this trend has accelerated, say dispute resolution experts Robert Creo and Selina Shultz.

  • Why Oregon Lawmakers Are Shielding Cannabis Buyers’ Data

    Kayla Matthews

    Oregon lawmakers have given new privacy protections to people buying cannabis in the state. While customers must still show identification to prove they are of legal age to buy the drug, dispensaries will no longer be able to permanently retain identifying data. The new bill pushes back against the Trump administration's hints of renewed enforcement of federal laws against marijuana, says Kayla Matthews.

  • What Current Legal Developments Mean For Biosimilars

    Lisa M. Ferri

    It looks as though 2017 may be the most pivotal year yet for the Biologics Price Competition and Innovation Act. We may finally see relative consistency and certainty in its applications, allowing us to see whether or not the BPCIA can lower drug prices without compromising patient safety, say Lisa Ferri and Christopher Mikson of Mayer Brown LLP.

  • Walking The Lone Pine Trail

    Alan Hoffman

    Lone Pine orders require plaintiffs to provide some prima facie evidence to support causation or other claims based on expert opinion. Such orders do not require plaintiffs to prove their case — only to demonstrate that they have one. Some examples from recent litigation illustrate how Lone Pine orders can benefit both sides, says Alan Hoffman of Husch Blackwell LLP.

  • Litigation Finance, Big Data And The Limits Of AI

    Christopher Bogart

    Theoretically, both better data and its better use should be able to improve results in litigation, and thus help litigation financiers allocate more capital to meritorious matters. However, while big data and artificial intelligence are intriguing additions to the litigation toolkit, they are far from turning litigation finance on its head, says Christopher Bogart, CEO of Burford Capital LLC.

  • Series

    Counsel To Counsel: Mama Said There'll Be Days Like This

    Peter J. Engstrom

    It's no longer enough for law firms simply to provide expert legal advice — we are expected to mirror clients' legal, ethics and social commitments and promises. For law firm GCs, the resulting job demands seem to grow exponentially, says Peter Engstrom, general counsel of Baker McKenzie.

  • What Companies Can Expect From The New FDA

    Mark Mansour

    Dr. Scott Gottlieb, President Donald Trump's nominee for U.S. Food and Drug Administration commissioner, differs from some other nominees because he has declined to call for the abolition or diminution of the agency over which he is to precede. However, the president's calls for shrinking the FDA and cutting its budget have created significant concern among members of the FDA's regulated industries, says Mark Mansour of Mayer Brown LLP.

  • Is Multidistrict Litigation In Need Of Reform?

    Douglas Smith

    Critics of multidistrict litigation cite problems such as meritless claims, increasing pressure to settle and a lack of scrutiny for individual cases. Congress has included proposals for MDL reform in the Fairness in Class Action Litigation Act of 2017. But in many instances, the MDL process is functioning well to effectively and efficiently resolve complex cases, says Douglas Smith of Kirkland & Ellis LLP.