Life Sciences

  • February 17, 2017

    9th Circ. Doubts Timeliness Of Amgen Off-Label Sales Suit

    A Ninth Circuit panel on Friday seemed skeptical that a proposed class action alleging Amgen pushed off-label uses of an anemia drug was filed within the statute of limitations, repeatedly asking whether the clock started running when the plaintiff and others filed a separate suit over the drug’s pricing years earlier.

  • February 17, 2017

    Jury Finds Man Traded On Inside Info About Sanofi Deal

    A Georgia federal jury found against one man and cleared another Friday after the Securities and Exchange Commission accused them of raking in $550,000 by trading on inside information about a pending acquisition by Sanofi Aventis SA in 2009.

  • February 17, 2017

    4 Cos. Agree To $14.8M Deal To Clean Up Ill. Superfund Site

    Pharmacia LLC, Solutia Inc., ExxonMobil Oil Corp. and Cerro Flow Products will pay $14.8 million to clean up six former waste disposal sites at an Illinois Superfund site, the U.S. Department of Justice and U.S. Environmental Protection Agency said Friday.

  • February 17, 2017

    Ex-Neurostar Investors Say Buyer Is Holding On To Escrow

    Former securityholders of medical imaging device maker Neurostar Solutions Inc. said in a lawsuit unsealed Friday in Delaware Chancery Court that the company that bought the firm in 2014 is withholding more than $1.7 million of cash placed into escrow as part of the deal without justification.

  • February 17, 2017

    Biosimilar Notice Ruling 'Nonsensical,' High Court Hears

    The Federal Circuit reached a "nonsensical" conclusion that biosimilar makers must wait for product approval before giving notice of sales to rivals, a top trade group told the U.S. Supreme Court on Friday.

  • February 17, 2017

    Snapchat's $3B IPO Leads Rebounding Tech Market

    Technology initial public offerings are poised to awaken from their slumber, according to findings of a new analysis by Fenwick & West LLP that point to positive signs that began around Labor Day, and experts say momentum can accelerate if Snapchat maker Snap Inc.’s $3 billion IPO prospers.

  • February 17, 2017

    Merck Settles Long-Running Pay-For-Delay Suit

    Merck & Co. Inc. and Upsher-Smith Laboratories Inc. have told a New Jersey federal court they have settled their long-running MDL accusing them of pay-for-delay over the potassium supplement K-Dur.

  • February 17, 2017

    Becton Asks Justices Not To Revive $340M Antitrust Award

    Safety syringe manufacturer Becton Dickinson and Co. has asked the U.S. Supreme Court not to review a Fifth Circuit decision that reversed a $340 million award for antitrust damages against it, saying the appeals court correctly held that false advertising is not anti-competitive conduct.

  • February 17, 2017

    Ex-Playboy Bunny Accuses Sex Pill Maker Of Fake Promo

    A former model and reality television star known for her live-in relationship with Hugh Hefner at his Playboy mansion recently slapped the makers of a male sexual enhancement pill with a suit in Los Angeles court, claiming they falsely attributed an endorsement of the product to her.

  • February 17, 2017

    Kimberly-Clark Wants Investor Suit Over Gowns Tossed

    A short stock drop that occurred after the airing of an episode of "60 Minutes" that delved into a two-year old lawsuit against Kimberly-Clark Corp. over the effectiveness of its gowns during the 2014 Ebola virus breakout can’t serve as the backbone of a securities fraud suit, the company told a New York federal court Thursday.

  • February 17, 2017

    Pharmacist Rebuts Key Testimony In Meningitis Murder Trial

    A defense attorney for a pharmacist accused of murder and health care fraud in the 2012 meningitis outbreak meticulously scrutinized testimony by the pharmacy’s quality control officer during cross-examination on Friday, suggesting inconsistencies about issues she brought to her boss and exaggerations about mold findings.

  • February 17, 2017

    FCA Decision Tracker: Continued Interpretations Of Escobar

    The U.S. Supreme Court’s ruling in Universal Health Services v. Escobar continues to affect a range of False Claims Act cases. In the third installment of an ongoing series, Law360 looks at the latest court rulings to interpret the blockbuster decision.

  • February 17, 2017

    Taxation With Representation: Weil, Skadden, Kirkland

    In this week’s Taxation With Representation, Japanese telecommunications giant SoftBank Group acquires a private equity firm for $3.3 billion in cash, Hologic buys medical aesthetics company Cynosure for $1.65 billion, and a Texas oil and gas company purchases new assets in North Louisiana for $465 million.

  • February 16, 2017

    Jury Finds Chinese Scientist Guilty In Stolen Seeds Plot

    A Kansas federal jury on Thursday found a Chinese agricultural scientist guilty of three charges related to a conspiracy to steal cutting-edge rice seeds from a biopharmaceutical research facility in order to send them back to his native country.

  • February 16, 2017

    Breast Implant Fight Should Stay In Court, Brazilian Co. Says

    The Brazilian manufacturer behind Sientra Inc.’s silicone breast implants fought back Wednesday against Sientra’s attempts to pause litigation between the companies in favor of international arbitration, telling a New York federal court that such a move would drag out urgent intellectual property matters.

  • February 16, 2017

    Amgen Hiding Biosimilar Info, Genentech Suit Says

    Amgen is hypocritically withholding information about its proposed biosimilar of cancer drug Avastin and thereby undercutting potential patent litigation, Genentech charged in a complaint filed Wednesday in Delaware federal court.

  • February 16, 2017

    Echo Investors Get Fee Bid Slashed In 'Slam Dunk' Case

    Investors in medical device maker Echo Therapeutics had their request for attorneys’ fees trimmed significantly by a Delaware Chancery Court judge this week who said the $100,000 request in the fee-shifting challenge was excessive for the "slam dunk" case.

  • February 16, 2017

    Pfizer Prevails In 2 W.Va. Zoloft Birth Defect Suits

    A West Virginia state panel on Wednesday tossed two suits brought by mothers claiming that their children’s cardiac birth defects were caused by taking Pfizer Inc.’s antidepressant Zoloft, after they withdrew their sole expert, a former U.S. Food and Drug Administration commissioner.

  • February 16, 2017

    Atty's Widow Can't Prove GSK Meant To Harm, Judge Says

    The Illinois federal judge overseeing a wrongful death lawsuit brought by the widow of a Reed Smith LLP partner said Thursday her complaint couldn't move forward on its claim that GlaxoSmithKline PLC had intended to harm its customers by failing to warn them about Paxil's ties to suicide.

  • February 16, 2017

    Sofia Vergara Sues Ex-Fiancé In Dispute Over Pre-Embryos

    Actress Sofia Vergara sued former fiance Nick Loeb in Los Angeles court Tuesday, seeking a court order to block him from using their frozen pre-embryos without her permission, in what marked the latest legal action taken in the ex-couple’s dispute over the fertilized eggs.

Expert Analysis

  • When Personal Jurisdiction And Alter Ego Collide

    Beth Rose

    The increasing number of foreign entities with U.S.-based wholly owned subsidiaries virtually guarantees that issues of personal jurisdiction are not going away anytime soon. When a party seeks to support its jurisdictional argument against a foreign entity on grounds that the U.S. subsidiary is the alter ego of its parent, it presents a new wrinkle to an already complicated issue, says Beth Rose of Sills Cummis & Gross PC.

  • In Retrospect

    Relearning The Lessons Of Korematsu's Case

    Randy Maniloff

    Fred Korematsu’s U.S. Supreme Court case challenging President Franklin Roosevelt’s executive order that led to the incarceration of approximately 120,000 people of Japanese ancestry may sound like ancient history. However, Feb. 19 marks the 75th anniversary of the order's signing, and that it’s celebrating its diamond anniversary now is breathtaking timing, says Randy Maniloff of White and Williams LLP.

  • Next Steps After Broad Institute's Big Gene-Editing Patent Win

    Brian W. Nolan

    The technology at the center of the Broad Institute v. University of California dispute is a gene-editing tool, and the decision could leave the winner holding a patent portfolio worth billions of dollars. The Patent Trial and Appeal Board handed the Broad Institute a resounding victory on Wednesday, and one may question whether UC can succeed at the Federal Circuit, say Brian Nolan and Colleen Tracy James of Mayer Brown LLP.

  • How A General Counsel Should Think About AI: Part 2

    Bruce J. Heiman

    General counsels face the challenging task of understanding how companies can navigate the rules surrounding uses of artificial intelligence. To get smart on AI, general counsels must ask the right questions about areas such as human resources, intellectual property, liability and insurance, say Bruce Heiman and Elana Reman of K&L Gates LLP.

  • How A General Counsel Should Think About AI: Part 1

    Bruce J. Heiman

    Though the Trump administration has yet to make an official statement regarding artificial intelligence, support for AI is consistent with its expressed desire to promote American business. As such, general counsel will inevitably have to navigate what big data and AI mean for compliance with current and future laws and regulations, say Bruce Heiman and Elana Reman of K&L Gates LLP.

  • Series

    10 Years Of MedImmune: How License Agreements Changed

    Jonathan Lourie

    In the decade following the U.S. Supreme Court's decision in MedImmune, patent holders have taken into account the increased risk of a subsequent patent challenge by including provisions in license agreements that are a disincentive to the licensee challenging the validity of the licensed patent, say Jonathan Lourie and Vicki Norton of Duane Morris LLP.

  • Long-Arm Jurisdiction In Missouri And Beyond: Part 2

    Angela Higgins

    The U.S. Supreme Court has been clear that contact-based specific personal jurisdiction requires that a particular plaintiff’s claim arise out of the defendant’s contacts with the forum state. Still, California, Missouri and some other jurisdictions have let nonresidents use their states to litigate disputes that are wholly unrelated to defendants’ conduct within the state, says Angela Higgins of Baker Sterchi Cowden & Rice LLC.

  • Series

    10 Years Of MedImmune: What Trademark Owners Learned

    James E. Griffith

    Despite initial worries from practitioners, the U.S. Supreme Court's decision 10 years ago in MedImmune has provided greater predictability as to the circumstances that will warrant declaratory judgment jurisdiction, allowing trademark owners to make informed decisions about their enforcement strategies, say James Griffith and Michelle Bolos of Marshall Gerstein & Borun LLP.

  • Saving Lawyers 1 Less Drink At A Time

    Jennifer Gibbs

    Lawyers are likely turning to alcohol to lessen stress and anxiety, to socialize, and even to sleep better. Unfortunately, many are unaware that their nightly pour could be causing or exacerbating the anxiety that is plaguing the legal profession, says Jennifer Gibbs of Zelle LLP.

  • Long-Arm Jurisdiction In Missouri And Beyond: Part 1

    Angela Higgins

    The U.S. Supreme Court has accepted certiorari in Bristol-Myers Squibb Co. v. Superior Court of California. This case is straight from the same playbook that has led dozens of out-of-state plaintiffs to sue out-of-state defendants in the Circuit Court of the City of St. Louis, though Missouri has no legal or logical relationship to these plaintiffs’ claims, says Angela Higgins of Baker Sterchi Cowden & Rice LLC.