Life Sciences

  • February 22, 2018

    Rituxan Patent Survives Celltrion, Pfizer PTAB Challenges

    The Patent Trial and Appeal Board on Wednesday upheld the validity of a patent covering Biogen Inc. and Genentech Inc.’s rheumatoid arthritis biologic Rituxan, shooting down combined challenges from Celltrion Inc. and Pfizer Inc.

  • February 22, 2018

    2 Biotechs Brave Volatility To Raise $401M In Follow-Ons

    Two publicly traded life science companies braved recent market volatility and priced follow-on offerings that netted $401 million total late on Wednesday, led by Danish firm Ascendis Pharma A/S, which raised money to support development of a product that would treat growth hormone deficiency.

  • February 22, 2018

    6th Circ. Won't Revive Spinal Patients' Bone Growth Suit

    The Sixth Circuit upheld the permanent toss of spinal patients' claims that an unsafe biologic caused excess bone growth and constant, incurable pain, saying Thursday it is too late for the patients to challenge the argument that only the federal government can bring such claims.

  • February 22, 2018

    Horizon Pharma Fired Aegerion's FCA Whistleblower, Suit Says

    Horizon Pharma PLC fired a senior director after learning that she blew the whistle on off-label drug promotion while employed at Aegerion Pharmaceuticals Inc., according to a complaint filed Wednesday in California federal court.

  • February 22, 2018

    2 Tibet Pharma Defendants May Appeal Last Count In IPO Suit

    A New Jersey federal judge ruled Wednesday that two defendants in a class action accusing Tibet Pharmaceuticals Inc. of lying about its financial health before its 2011 initial public offering can appeal the judge’s May opinion that dropped all but one count against them, saying the appellate court could end litigation for the pair.

  • February 22, 2018

    GSK Has Duty To Warn About Generics, Widow Tells 7th Circ.

    The widow of a Reed Smith LLP partner who committed suicide after taking a generic version of GlaxoSmithKline LLC’s antidepressant Paxil urged the Seventh Circuit to preserve a verdict finding the company liable Wednesday, arguing GSK hasn’t shown it would have been barred from warning about the risks.

  • February 22, 2018

    Dorsey Scores Team Of 10 IP Attys From Holland & Hart

    Dorsey & Whitney LLP has nabbed an intellectual property team of 10 attorneys, two paralegals and three legal secretaries from the Salt Lake City office of Holland & Hart LLP, a move veteran patent litigator Grant Foster said will allow his group to pursue “very significant” new business opportunities.

  • February 22, 2018

    Calif. Justices Take Up Actavis' Opioid Suit Coverage Bid

    California's highest court has agreed to review Actavis' challenge of a lower court's ruling that it isn't covered under a Travelers policy for lawsuits alleging its misleading marketing of painkillers has fueled the nation's opioid addiction problem and caused a spike in heroin use, according to a Wednesday docket entry.

  • February 21, 2018

    Ex-Herbalife Sellers Blast Arbitration Bid In $1B RICO Suit

    Former distributors for global nutrition supplement company Herbalife Ltd. are urging a Florida federal court to deny the company's bid to force their potentially $1 billion racketeering suit into arbitration, arguing a unilaterally imposed arbitration clause is unenforceable and inapplicable.

  • February 21, 2018

    AIG Denied Quick Win In Becton Antitrust Coverage Fight

    An AIG unit can’t dodge coverage just yet for the $67 million bill medical technology company Becton Dickinson & Co. racked up settling two antitrust suits, a New Jersey federal court said Tuesday, ruling it’s unclear whether the policies at issue cover “unfair competition.”

  • February 21, 2018

    DC Circuit Urged To Knock Down FDA E-Cig Rule

    The D.C. Circuit received pressure Tuesday to overturn parts of a U.S. Food and Drug Administration regulation that brought electronic cigarettes under the reign of the Tobacco Control Act, with a series of amici claiming there are serious First Amendment and public safety risks at play.

  • February 21, 2018

    CooperVision To Pay $3M To End Contact Price-Fixing Suit

    A proposed class urged a Florida federal judge Wednesday to approve its $3 million deal with CooperVision Inc., which would end claims that the contact lens-maker engaged in price-fixing of disposable lenses.

  • February 21, 2018

    Express Scripts Beats NY Pharmacy's Antitrust, Contract Suit

    A Missouri federal judge on Wednesday dismissed a New York pharmacy’s antitrust and breach of contract suit accusing Express Scripts Inc. of baiting it into a mail-order contract only to drop the deal months later, finding the relationship between the two was limited to retail-pharmacy business.

  • February 21, 2018

    Xarelto User Says Pa. Judge Wrongly Axed $28M Award

    A woman who won a $28 million verdict in a bellwether case over injuries allegedly linked to the blood thinner Xarelto has argued the Pennsylvania judge who threw out her damages award ignored evidence that additional warnings would not have changed her doctor's decision to prescribe the medication.

  • February 21, 2018

    Surgical Robotics Co. Reaps $118M In Private Financing

    Privately held surgical robotics company Procept BioRobotics said on Wednesday that it had secured $118 million in equity financing from a funding round led by a new investor, Connecticut-based hedge fund Viking Global Investors LP.

  • February 21, 2018

    Feds Can't Get Israeli Court Info In $163M Perrigo Tax Row

    A Michigan federal judge refused on Wednesday to ask Israeli courts for information the U.S. government is seeking in a $163.5 million tax fight against a company that domestically distributed heartburn drugs manufactured in Israel in partnership with Perrigo Co., saying such requests would unnecessarily add to the time, cost and complexity of the case.

  • February 21, 2018

    From NJ To Texas: How The Courts Fared At The Fed. Circ.

    The differences between the Federal Circuit’s most-reversed and least-reversed district courts run far deeper than their success rates on appeal — a metric that can vary widely throughout the judiciary, according to Law360’s look at three years of Federal Circuit cases.

  • February 21, 2018

    Purdue Pharma Triggered Opioid Epidemic, NJ County Says

    A New Jersey county hit OxyContin maker Purdue Pharma and several other opioid manufacturers, distributors and retailers with a suit in state court Wednesday accusing the former of sparking the opioid epidemic with deceptive marketing practices that the others eventually adopted.

  • February 21, 2018

    Pa. Justices Urged To Deny Appeal Over Risperdal Time-Bar

    A Johnson & Johnson unit on Tuesday urged the Pennsylvania Supreme Court to leave standing a recent decision jeopardizing thousands of pending lawsuits by rolling back the clock on when claims of abnormal breast growth allegedly linked to the antipsychotic drug Risperdal began to expire.

  • February 20, 2018

    Biotech Co. Says Rival Violated Deal With Press Releases

    Biotech company Codexis Inc. bashed rival EnzymeWorks Inc. and its founder Junhua Tao on Tuesday for allegedly violating a deal to end a lawsuit, which accused Tao in California federal court of ripping off its trade secrets and patents, when EnzymeWorks issued a press release about that very settlement.

Expert Analysis

  • Insurance Tips For Defendants In Opioid Litigation

    Anna Engh

    Several types of insurance policies can potentially cover costs of defense and ultimate liability for pharmaceutical manufacturers, wholesale distributors and retailers defending against opioid-related lawsuits, but policyholders must be wary of the potential issues that may arise, say Anna Engh and Cléa Liquard of Covington & Burling LLP.

  • The Continuing Evolution Of Personal Jurisdiction

    Kevin Penhallegon

    It was anticipated that last year's U.S. Supreme Court ruling in Bristol-Myers Squibb would have immediate and significant impacts nationwide. Those impacts have been seen at the state level in recent months, as evidenced by several trial courts dismissing out-of-state plaintiffs’ claims where specific personal jurisdiction could not be established, says Kevin Penhallegon of Miles & Stockbridge PC.

  • A New Weapon To Help FDA Control Enforcement Priorities

    Peter Leininger

    Last month, an internal U.S. Department of Justice memorandum surfaced suggesting that the DOJ may increase its efforts to dismiss meritless qui tams. No agency would welcome this more than the U.S. Food and Drug Administration, which has struggled to deal with endless False Claims Act investigations, says Peter Leininger of King & Spalding LLP.

  • California's Evolving Standard On Expert Opinion Evidence

    Peter Choate

    A California appeals court's recent decision in Apple v. Superior Court explicitly holds that the Sargon standard applies when a party seeks to admit expert opinion evidence. Practitioners should seek to preserve this issue for appeal and urge the California Supreme Court to resolve it, say Peter Choate and William Dance of Tucker Ellis LLP.

  • Emerging Patent Issues In The Cannabis Industry

    Brett Schuman

    As cannabis industry players aggressively build patent portfolios around their products, including marijuana strains, a cannabis patent war is likely on the horizon. Among other issues, the lack of prior art may lead to issuance of overbroad patents, which will pose risks to other market participants, say attorneys with Goodwin Procter LLP.

  • Register Your California Cannabis Trademarks Now

    Joshua Cohen

    Any cannabis business that is holding its breath waiting for the U.S. Patent and Trademark Office to start registering cannabis-related trademarks should give up. But those located in states that have legalized recreational and/or medicinal cannabis should immediately seek state trademark registration where available, says Joshua Cohen, leader of Wendel Rosen Black & Dean LLP's intellectual property group.

  • How Emerging Sources Of ESI Will Impact Discovery

    Charles McGee

    Late last year, the Sedona Conference released the third edition of its principles addressing electronic document production, updated to account for innovations like Snapchat and Twitter. It may be necessary for these principles to be updated more often in order to keep pace with technology, says Charles McGee III of Murphy & McGonigle LLP.

  • Put The Brakes On Acceleration Bay Litigation Funder Ruling

    David Gallagher

    Last week, the District of Delaware raised eyebrows by ruling that documents provided to a litigation funder and its counsel in connection with their due diligence are categorically not attorney work product. Acceleration Bay v. Activision Blizzard seems to be a case of bad facts making bad law, says David Gallagher, investment manager and legal counsel for Bentham IMF.

  • How Natural Experiments Can Help In Estimating Damages

    Niall MacMenamin

    Establishing a causal link between allegedly wrongful conduct and the quantity of damages asserted can be challenging. Fortunately, increasing volumes of real-world data are available to the damages expert, and natural experiments based on such data can be effective in showing causality and estimating damages, says Niall MacMenamin of Analysis Group Inc.

  • Considerations For Attorneys Using Artificial Intelligence

    Ben Allgrove

    Artificial intelligence tools can empower attorneys to work more efficiently, deepen and broaden their areas of expertise, and provide increased value to clients, which in turn can improve legal transparency, dispute resolution and access to justice. But there are some common pitfalls already apparent in the legal industry, say Ben Allgrove and Yoon Chae of Baker McKenzie.