Life Sciences

  • February 24, 2017

    US Weighs In On High Court Biosimilars Battle

    The federal government said the Federal Circuit got it wrong when it concluded that biosimilar makers can’t give a 180-day notice of sales to rivals until a product is approved, telling the U.S. Supreme Court the ruling inserted a limit that didn’t exist in the law.

  • February 24, 2017

    Hernia Patch Death Suit Tossed For Lack Of Experts

    An Illinois federal judge on Thursday tossed a wrongful death suit brought by siblings who claimed their mother’s death from sepsis was caused by an allegedly defective C.R. Bard hernia patch, finding that one expert’s opinion wasn’t reliable and that they hadn’t shown another was qualified.

  • February 24, 2017

    Cynosure Investors Sue To Block $1.4B Hologic Merger

    Shareholders in medical aesthetics company Cynosure Inc. filed suit in Massachusetts federal court Friday to halt the company’s proposed $1.44 billion sale to Hologic Inc., saying they don’t have enough information to ensure the cash purchase is a good deal.

  • February 24, 2017

    Animal Groups Sue Over 'Orwellian' Removal Of USDA Docs

    The U.S. Department of Agriculture’s animal health department must have been channeling George Orwell’s "1984" when deciding to pull down records of inspection reports and enforcement actions in animal welfare cases, according to a California federal suit Thursday aimed at getting the data back online.

  • February 24, 2017

    PTAB Invalidates 2 Anacor Patents In Hedge Fund Challenge

    The Patent Trial and Appeal Board on Thursday invalidated two patents for the Anacor Pharmaceuticals Inc. toenail fungus treatment Kerydin, delivering a victory to the Coalition for Affordable Drugs, an organization started by hedge fund manager Kyle Bass.

  • February 24, 2017

    Insurer Needn't Cover Catalent's $10M Shutdown Loss Claim

    A New York federal judge held Friday that U.S. Specialty Insurance Co. doesn't have to cover Catalent Inc.'s claim for more than $10 million in losses due to a five-month suspension of softgel capsule manufacturing at its facility in France, finding that no covered loss occurred within the terms of the pharmaceutical company's policy.

  • February 24, 2017

    ‘Black-Box Medicine’ Faces Headwinds Over Med Mal Liability

    The use of complex algorithms to sort through massive amounts of health data to improve medical care, or "black-box medicine," could expose providers to a new world of malpractice claims, experts say, and doctors may decline to adopt the technology without legal protections.

  • February 24, 2017

    Medtronic Hit With NJ Suit Over Shoddy Placement Of Device

    Medtronic Inc. has been slapped with a lawsuit in New Jersey state court by a woman alleging that a company representative did not properly consult a doctor on the insertion of a device to treat urological issues, saying she was forced to undergo surgery to fix the improper placement.

  • February 24, 2017

    Health Hires: Squire Patton Boggs, Lando & Anastasi, Barnes

    Squire Patton Boggs LLP has brought in a health care and life sciences partner from the federal government, Lando & Anastasi LLP has hired three new patent agents and Barnes & Thornburg LLP has added a health care partner from Krieg DeVault LLP.

  • February 23, 2017

    J&J Talc Plaintiff Just Learned Key Cancer Details, Jury Hears

    A cancer survivor suing Johnson & Johnson over the alleged role of its talcum powder in her disease told a Missouri jury Thursday that she has been “shocked” over the past few days to learn key details about the tumor she had removed in 2013, like the stage it had reached and the fact that it could return.

  • February 23, 2017

    Bio-Rad Agrees To $3.5M Fees In Ex-GC Firing Case

    Bio-Rad Laboratories Inc. on Thursday agreed to pay $3.5 million in attorneys’ fees and costs to the team that represented former general counsel Sanford Wadler in his $8 million jury win in a retaliation suit arising from whistleblowing on potential Foreign Corrupt Practices Act violations.

  • February 23, 2017

    InspireMD Beats Finder's Fee Bid Over $24M, For Now

    A New York federal judge dismissed without prejudice on Thursday a breach of contract suit brought by startup investment company Microbanc Inc. against medical device maker InspireMD Inc., finding that InspireMD never agreed in writing to pay Microbanc a finder's fee for a $24 million investment.

  • February 23, 2017

    Spectrum Pharma Investors Sue Over Rejected FDA Advice

    Officers and directors at Spectrum Pharmaceuticals Inc. were hit with a shareholder derivative action in Delaware federal court on Thursday alleging they harmed investors and the company with a new drug application for a bladder cancer treatment drug filed in defiance of U.S. Food and Drug Administration advice. 

  • February 23, 2017

    Impax Investor Drops Suit Over Drug Price-Fixing Probe

    A shareholder alleging generic-drug maker Impax Laboratories Inc. failed to disclose to investors a federal investigation over possibly collusive market activity has dropped his proposed class action in New Jersey federal court because a similar action is pending in California.

  • February 23, 2017

    'Puffery' Isn't Fraud, Says Drug Return Co. In $116M Case

    Guaranteed Returns on Wednesday urged a Pennsylvania federal court to tell a jury that puffery or sales talk is not fraud, in the midst of a trial alleging that the company — which helps the government and providers return expired drugs — stole $116 million worth of refunds from pharmaceutical manufacturers.

  • February 23, 2017

    Andrews, Gainey To Be CytRx Stock-Pump Suit Lead Counsel

    A Delaware Chancery Court judge has appointed Andrews & Springer LLC and Gainey McKenna & Egleston to represent CytRx Corp. investors in a derivative action accusing the biopharmaceutical company’s board of sanctioning a brazen stock-pumping scheme, calling their complaint “superior” to another in the consolidated suit.

  • February 23, 2017

    Ex-Valeant, Philidor Execs Deny $40M Kickback Scheme

    Ex-Valeant Pharmaceuticals International Inc. executive Gary Tanner and former Philidor Rx Services LLC CEO Andrew Davenport on Thursday in Manhattan federal court denied charges that they participated in a $40 million merger fraud and kickback scheme.

  • February 23, 2017

    Law360 Life Sciences Editorial Advisory Board

    Law360 is pleased to announce the formation of its 2017 Life Sciences editorial advisory board.

  • February 23, 2017

    Opioid Addiction Treatment Co. Pulls $150M IPO

    Braeburn Pharmaceuticals Inc., a commercial-stage biotech company developing a drug to treat opioid addiction, formally pulled an estimated $150 million initial public offering Wednesday, saying public markets are currently unattractive, echoing a common concern among life science issuers.

  • February 23, 2017

    Merck Sued In Philly Over Shingles Vaccine Injuries

    A Nevada woman claimed Wednesday she suffered high blood pressure, an eye injury and other side effects from Merck & Co.’s Zostavax shingles vaccine in what appears to be the first suit over the inoculation in Philadelphia’s Court of Common Pleas.

Expert Analysis

  • What Lawyers Can Learn From Kellyanne Conway

    Michelle Samuels

    Presidential adviser Kellyanne Conway's TV appearances provide some examples of what lawyers should and shouldn't do when speaking to the media, says Michelle Samuels, a vice president of public relations at Jaffe.

  • The Mistakes Lawyers Make When Copying And Pasting

    Robert D. Lang

    We all recognize that cutting or copying text from earlier works and pasting it into new documents saves attorneys time. However, with this increase in speed comes an increased risk of making, or not catching, errors, says Robert Lang of D’Amato & Lynch LLP.

  • Tax Implications Of The Affordable Care Act Repeal

    Michael White

    Because the Affordable Care Act was upheld by the U.S. Supreme Court as a tax law, its repeal would entail a $1.1 trillion tax revenue loss over 10 years. Based on the direction that the Republicans take in crafting their replacement bill and what portions of the ACA will be repealed, individuals and corporations could be looking at drastic tax changes, say Michael White and Eddie Geraghty of M. White & Associates LLC.

  • Opinion

    Calif. Court Gets Automatic Funding Disclosure Right

    Matthew D. Harrison

    Detractors of litigation funding have strained to characterize a recent decision from a California federal court as significant headway in their crusade against the litigation funding industry. However, in truth, this is a victory for both the industry and those in need of capital to bring meritorious claims against wrongdoers in an often prohibitively expensive legal system, say Matthew Harrison and Priya G. Pai of Bentham IMF.

  • Fed. Circ. Provides Cautionary Tale On Markush Claiming

    Tom Irving

    A lesson for practitioners from the Federal Circuit's recent decision in Shire v. Watson is to use the Markush style of claim drafting with caution, such as only when truly necessary, for example, to avoid prior art, say attorneys with Finnegan Henderson Farabow Garrett & Dunner LLP.

  • Less FDA Review May Boost Medical Device Plaintiff Awards

    Benjamin Lajoie

    Consumers harmed by medical devices often find themselves wronged but without relief, thanks to federal preemption. But President Donald Trump’s regulatory rollback could backfire against device manufacturers — and confer an unexpected benefit on plaintiffs — by weakening the U.S. Food and Drug Administration's oversight process and thus fortifying plaintiffs' state claims against federal preemption, says Benjamin Lajoie of Bailey & Glasser LLP.

  • Health Care Deal Predictions From '17 JP Morgan Conference

    Amber McGraw Walsh

    Not surprisingly, many different views emerged at this year's J.P. Morgan Healthcare Conference on the future state of the Affordable Care Act and what it would mean for investors. After a long and seemingly endless cycle of election analysis, we’re happy to report some deal trends and predictions of our own, say attorneys with McGuireWoods LLP.

  • Jurors In Toxic Tort Litigation Take Genetics Seriously

    David Schwartz

    Can jurors grasp the role of genetics in personal injury claims alleged to arise from exposure to specific chemicals? A recent asbestos trial featured a discussion of the plaintiff's genetic mutations as a factor in her mesothelioma. Trial lawyers should be thinking about how juries understand cancer, genetics and disease causation, say David Schwartz of Innovative Science Solutions and Kirk Hartley of LSP Group LLC.

  • Del. High Court's Volcano Ruling Confirms Corwin's Potency

    Gail Weinstein

    The Delaware Supreme Court's recent decision in Volcano Stockholders Litigation is consistent with the Delaware courts’ continued expansive interpretation of the seminal Corwin v. KKR Financial decision, which has resulted in a strong trend of early dismissal of post-closing damages actions challenging noncontroller M&A, say attorneys with Fried Frank Harris Shriver & Jacobson LLP.

  • How The GDPR Will Impact Life Sciences And Health Care

    Rohan Massey

    The European Union's General Data Protection Regulation will considerably increase the sanctions and penalties that can be imposed on organizations that breach its requirements. The implications for organizations operating in the life sciences and health care sectors are likely to be particularly far-reaching, say attorneys with Ropes & Gray LLP.