Life Sciences

  • January 24, 2017

    Pharma Refund Co. Can't Nix Evidence Of Money Laundering

    A pharmaceutical refund company can’t stop the government from offering evidence that the company laundered money before receiving payments from manufacturers, a Pennsylvania federal judge said Tuesday, rejecting arguments that the information would contradict prosecutors’ previous arguments.

  • January 24, 2017

    Apotex Slams Merck's Nasonex Generic Suit As Redundant

    Apotex Inc. on Monday urged a New Jersey federal court to dismiss Merck Sharp & Dohme Corp.’s second suit accusing the Canadian drugmaker of infringing a Nasonex spray patent by moving forward on a generic version, saying a federal judge already settled the matter in 2012.

  • January 24, 2017

    Glaxo Wants To Bar FDA, Plea Evidence From Paxil Trial

    Jurors in an upcoming trial over birth defects allegedly caused by the antidepressant Paxil must not be told about drugmaker GlaxoSmithKline's alleged campaign to defraud drug regulators, about destruction of study data or about its 2012 guilty plea on misbranding charges, the company insisted Tuesday.

  • January 24, 2017

    Valeant Says Zydus' Cardizem Generic Infringes Patent

    Valeant Pharmaceuticals accused Zydus Pharmaceuticals (USA) Inc. in New Jersey federal court of infringing one of its patents for the blood pressure medication Cardizem by applying to make a generic version.

  • January 24, 2017

    NJ Justices Apply That State's Time Limit To $25M Drug Suit

    The New Jersey Supreme Court on Tuesday reinstated a $25 million jury verdict for an Accutane user who sued Hoffman-LaRoche Inc. over the acne drug’s adverse effects, ruling that the Garden State’s statute of limitations applied to the litigation, so it had been filed in time.

  • January 23, 2017

    Purdue Sued By Wash. City Over Costs Of Opioid Crisis

    Everett, Washington, is the latest municipality to file a suit against Purdue Pharma LP over the costs of the opioid addiction crisis, filing a lawsuit in state court Thursday alleging the OxyContin manufacturer's deceptive practices fanned the flames of a black market that caused rampant addiction. 

  • January 23, 2017

    Judge Allows Ariosa Invalidity Arguments From AIA Petition

    A California federal judge has allowed Ariosa Diagnostics Inc. to argue that Illumina Inc. prenatal test patents are invalid on grounds Ariosa included in an inter partes review petition but on which review was not instituted, taking a narrow reading of the America Invents Act's estoppel provision.

  • January 23, 2017

    Endo Settles Pay-For-Delay Suit As FTC Renews Watson Case

    Endo settled Federal Trade Commission claims Monday that it violated antitrust laws by using pay-for-delay settlements to block consumers’ access to generic versions of drugs Opana ER and Lidoderm, while the agency refiled charges against Watson Laboratories for its alleged role in the scheme.

  • January 23, 2017

    Mallinckrodt Hit With Securities Suit After $100M FTC Deal

    Just days after it reached a $100 million deal with the Federal Trade Commission and several states to end allegations it had snapped up a monopoly on infant seizure drug Acthar, Mallinckrodt PLC was hit with a proposed shareholder class action alleging executives had long concealed upcoming trouble.

  • January 23, 2017

    Bio-Rad CEO Tells Jury Ex-GC ‘Came Unglued’ After DOJ Fee

    The CEO of Bio-Rad Technologies defended himself and the life sciences company against claims its former general counsel was retaliated against for reporting violations of the Foreign Corrupt Practices Act, saying he was really fired because he “came unglued,” yelled at co-workers and caused the company to miss federal filing deadlines.

  • January 23, 2017

    Medtronic, IRS Agree On $14M Tax Bill In Transfer Pricing Row

    The IRS has agreed to slash the calculation of Medtronic Inc.’s tax deficiencies to roughly $14 million in a transfer pricing dispute involving intellectual property royalties from its Puerto Rican manufacturing operations from 2005 to 2006, heeding a U.S. Tax Court decision rejecting the agency’s decision to increase Medtronic's taxable income by $1.36 billion.

  • January 23, 2017

    IRS Wants Mylan To Give Up Docs Over $400M IP Deal

    The IRS has asked the U.S. Tax Court to force Mylan Inc. to turn over emails and other correspondence related to its major patent deal with Forest Laboratories in a $100 million tax bill fight, saying its discovery efforts “have been met with repeated false assurances and incomplete responses.”

  • January 23, 2017

    GSK Seeks Win In Denture Cream Health Effects MDL

    GlaxoSmithKline PLC sought summary judgment Friday to end the six remaining cases against the pharmaceutical company in multidistrict litigation over the health effects of zinc used in denture cream products, arguing that the plaintiffs have not shown how the products cause neurological damage.

  • January 23, 2017

    KaloBios Investors Take $1.5M Deal But Still Target Shkreli

    KaloBios Pharmaceuticals and two executives have agreed to shell out $1.5 million to settle part of a putative securities class action sparked by pharmaceutical executive Martin Shkreli’s one-month tenure as KaloBios CEO, ending allegations that they violated securities laws by omitting facts concerning Shkreli’s legal woes but not claims against Shkreli.

  • January 23, 2017

    WTO Loosens Drug Patent Rules For Poorer Nations

    The World Trade Organization Monday announced an amendment to the Trade Related Aspects of Intellectual Property Rights allowing underdeveloped countries to import generic drugs has won approval in the first amendment to a WTO agreement in its 27-year history.

  • January 23, 2017

    Hospital Wants To Triple $10M Jury Verdict Over Pepcid Patent

    A Boston hospital on Friday asked a Massachusetts federal judge to triple the $10.2 million jury award it won last month on claims that drugmaker Perrigo’s generic version of Pepcid Complete antacid infringed on its now-expired patent, saying the pharmaceutical company engaged in “egregious” misconduct.

  • January 23, 2017

    Kaneka Health Supplement Patent Suit Revived By Fed. Circ.

    The Federal Circuit on Monday vacated a lower court’s ruling that Zhejiang Medicine Co. Ltd. did not infringe a Kaneka Corp. health supplement patent, finding that the judge misinterpreted the appeals court’s reading of a key claim term in a separate case.

  • January 23, 2017

    Deals Rumor Mill: Blackstone, Jose Cuervo, Cynosure

    Blackstone is raising a $5 billion fund that will target real estate investments across Asia, Mexican tequila maker Jose Cuervo is finally set to price its previously postponed IPO, and laser-based fat removal technology maker Cynosure could sell for around $1 billion.

  • January 23, 2017

    Former DC Prosecutor Returns To DLA Piper

    A former federal prosecutor and assistant general counsel at Pfizer has returned to DLA Piper as a partner in its white collar practice after a stint at Morgan Lewis & Bockius LLP.

  • January 23, 2017

    Zimmer Wants Claims Limited In Knee Implant Trial

    Zimmer Inc. has asked an Illinois federal court to limit evidence in a trial over its allegedly faulty knee implants over how much weight the implant can take at a standard range of motion, as opposed to an extra 25 degrees of bending that model of implant provides. 

Expert Analysis

  • A Return To Republican Antitrust Policies For Pharma

    Seth Silber

    We expect the change in pharmaceutical antitrust enforcement from the Obama administration to the Trump administration will most likely resemble that of the Bush administration vis-a-vis the Clinton administration — a continued focus on enforcing antitrust laws, but a decrease in volume in exchange for enhanced attention on specific regulatory objectives, say attorneys with Wilson Sonsini Goodrich & Rosati PC.

  • Taxing Marijuana: A Hazy Issue For Municipal Bankruptcy

    Katherine Lewis

    Recent court holdings that marijuana businesses are barred from federal bankruptcy protection may pose a serious problem for fiscally distressed municipalities looking for Chapter 9 relief — specifically those that tax marijuana sales, says Katherine Lewis of Weil Gotshal & Manges LLP.

  • 10 Antitrust Trends And Developments To Watch This Year

    Howard Morse

    President Donald Trump’s competition policies are sure to top the headlines in 2017. We can expect renewed focus on the SMARTER Act, continued attention to the pharmaceutical industry, and hurdles for foreign investment in the U.S., say attorneys with Cooley LLP.

  • Everything To Know About EPA's Final Nanoscale Rule

    Lawrence E. Culleen

    The U.S. Environmental Protection Agency recently published the first federal environmental regulation to impose reporting requirements specifically for nanoscale materials. Given that 2016 amendments to the Toxic Substances Control Act enable the EPA to issue significant civil penalties, it's critical for industry to understand the regulation and its implications for business, says Lawrence Culleen of Arnold & Porter Kaye Scholer LLP.

  • How Litigation Funding Is Bringing Champerty Back To Life

    John H. Beisner

    While some courts have declined to apply the common-law doctrine of champerty to invalidate third-party litigation funding agreements, two recent rulings by appellate courts in New York and Pennsylvania have brought renewed attention to champerty principles, casting doubts on the legality of certain forms of third-party litigation funding, say John Beisner and Jordan Schwartz of Skadden Arps Slate Meagher & Flom LLP.

  • Lessons From The Largest Patent Damages Award In History

    Barry J. Herman

    Last month in Delaware federal court, the jury in Idenix v. Gilead awarded Idenix $2.54 billion, the largest patent damages award in history. A review of the trial transcripts and documents provides valuable insight that can be applied to patent damages cases of all shapes and sizes, says Barry Herman of Womble Carlyle Sandridge & Rice LLP.

  • Attracting And Retaining The Millennial Lawyer

    Christopher Imperiale

    Instead of trying to change the new workforce to follow a law firm's existing processes and procedures, perhaps it's time for firms to start changing their processes and procedures to better accommodate the mentality of this next generation of lawyers, says Christopher Imperiale, a law firm adviser with Berdon LLP.

  • Hip Implant Plaintiff Shows Early Bird May Not Get The Worm

    Rachel Weil

    A plaintiff in the Northern District of Ohio's hip implant multidistrict litigation opted out of the global settlement and fired his lawyers. When he later accepted the settlement, the court ordered him to pay the hefty attorneys' fee it specified. But as the appeals court held, the fee was not necessarily justified, says Rachel Weil of Reed Smith LLP.

  • Health Care Enforcement Review And 2017 Outlook: Part 4

     Brian P. Dunphy

    In this final installment of our review and outlook series, we analyze health care enforcement trends gathered from 2016 civil settlements and criminal resolutions of health care fraud and abuse cases. Behind the headlines covering enormous recoveries in 2016, several themes are apparent, say attorneys at Mintz Levin Cohn Ferris Glovsky and Popeo PC.

  • Asset Swap Transactions In The Antitrust Crosshairs

    Meytal McCoy

    While companies may think they are in the antitrust clear with asset swap transactions, two recent divestiture orders make clear that regulators will apply the same rigorous antitrust analysis in such deals as they would in a traditional merger or acquisition, says Meytal McCoy of Mayer Brown LLP.