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.
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.
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.
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.
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.
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.
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.
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.
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.
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.”
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
Federal courts across the country are handing down important rulings interpreting the U.S. Supreme Court’s landmark decision on False Claims Act liability in Universal Health Services v. Escobar. As the rulings keep pouring in, stay up to speed on Law360’s latest coverage and analysis of Escobar’s impact.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.