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Life Sciences

  • August 14, 2018

    How One Firm Moved The Needle On Disability Inclusion

    This global law firm has recently focused on creating opportunities for people with disabilities across its ranks, and its efforts are already showing results. This article is part of our special report on disability inclusion in the legal industry.

  • August 14, 2018

    Deals Rumor Mill: Carlyle, CIE Automotive, Sinochem

    Carlyle is reportedly getting ready to list German chemicals company Atotech, CIE Automotive is in discussions to buy rival Inteva Products’ roof systems business, and Sinochem is discussing a deal to give PetroChina its nearly 34 percent stake in a refinery.

  • August 14, 2018

    PTAB Shuts Down Hologic Challenges To HIV Detection Patent

    The Patent Trial and Appeal Board has rejected Hologic Inc.’s challenges to a biotech company’s patent on a method for detecting HIV, finding that Hologic's arguments were similar to ones considered when the patent was examined.

  • August 14, 2018

    FDA Warning Wire: Concern At Apotex Plant, Poppy Seed Tea

    The U.S. Food and Drug Administration scolded Apotex for problems at a plant in India, scolded a homeopathy company that uses toxic ingredients in its products and threw a damper on claims that a poppy seed tea could treat pain.

  • August 14, 2018

    Speaker Program Payments Weren't Kickbacks, Teva Says

    A pair of False Claims Act whistleblowers accusing Teva Pharmaceuticals USA Inc. of using speaker events to bribe doctors to prescribe two of its drugs haven't actually shown that Teva's programs involved any illegal activity, the drug company has told a New York federal court.

  • August 14, 2018

    Fed. Circ. Lets Stand Vanda Ruling That Led To USPTO Memo

    The full Federal Circuit said Tuesday it won’t reconsider a panel’s decision to uphold a patent for Vanda Pharmaceuticals Inc.'s schizophrenia drug Fanapt, which had spurred a U.S. Patent and Trademark Office memo backing up the court on the patent eligibility of treatment methods.

  • August 14, 2018

    NY Joins Flood Of Opioid Suits Against Purdue Pharma

    Purdue Pharma LP caused widespread death and financial destruction by lying about the risks and benefits of its flagship painkiller, OxyContin, the state of New York said in a lawsuit Tuesday, echoing hundreds of other cases against the opioid maker.

  • August 14, 2018

    DOJ Taps Ex-AG Mukasey To Monitor Bayer-Monsanto Deal

    A D.C. district judge on Tuesday appointed former U.S. Attorney General and district court chief judge Michael B. Mukasey to serve as the monitoring trustee for the U.S. Department of Justice agreement that allowed Bayer AG's planned $62 billion purchase of Monsanto Co. to proceed.

  • August 14, 2018

    Time Expired On Defective Zimmer Hip Implant Claim: Judge

    Saying he was aware of the "harsh nature of this outcome," a Pennsylvania federal court judge on Tuesday reluctantly dismissed a woman's claim that she was injured by a Zimmer prosthetic hip, finding the suit missed the statute of limitations.

  • August 14, 2018

    Drug Kickback Suit Against Eli Lilly Dismissed For Now

    A Texas federal judge gave Eli Lilly and Co. and four health care companies a reprieve from a whistleblower lawsuit alleging they conspired to offer kickbacks to boost prescriptions of insulin and osteoporosis drugs, finding that a health care research organization's allegations were too vague but leaving the door open for the group to try again.

  • August 14, 2018

    PTAB Scraps 2 Aker BioMarine Krill Oil Patents

    The Patent Trial and Appeal Board has handed a Norwegian fishing company a win in its efforts to invalidate two krill oil patents owned by Aker BioMarine Manufacturing AS, finding all the challenged claims to be obvious in light of a combination of prior art.

  • August 14, 2018

    Rising Star: Paul Hastings' Isaac Ashkenazi

    Paul Hastings LLP’s Isaac Ashkenazi helped invalidate a key patent for one of the world’s best-selling drugs and is also headed to the U.S. Supreme Court in a case that could interpret the America Invents Act’s on-sale bar provision, achievements that earn him a spot as an attorney under 40 honored as a Law360 life sciences Rising Star.

  • August 14, 2018

    1 NASA Small-Biz Contract, 1 Giant Leap For Plantkind

    Nanotechnology development company UbiQD Inc. said that it has nabbed a NASA contract that will help fund its work on a nanoparticle film intended to bolster crop growth and production during in-space missions and planetary explorations.

  • August 13, 2018

    Investors Secure Class Cert. In Biotech Stock-Drop Case

    A California federal judge on Monday certified a shareholder class alleging that biotech company NantKwest didn’t tell investors the company had incurred over $114 million in executive compensation expenses for its chief executive officer prior to its $225 million initial public offering in 2015.

  • August 13, 2018

    David Boies On How Dyslexia Shaped His Practice

    One of the country’s highest-profile litigators, the Boies Schiller Flexner LLP chairman was diagnosed with dyslexia when he was in his 30s. In an interview with Law360, he talks about practicing law with the learning disability. This article is part of our special report on disability inclusion in the legal industry.

  • August 13, 2018

    Relator Dismissed From GE Healthcare False Claims Act Suit

    A Florida federal judge decided it was the “end of the line” Monday for a former GE Healthcare employee in his False Claims Act suit claiming the company used false records to sell improperly made drugs, refusing to extend the deadline to find a new attorney but leaving the door open for government-led claims.

  • August 13, 2018

    BigLaw’s Mental Health Stigma Shows Signs Of Fading

    Sometimes viewed as an “invisible” disability, mental illness has long been forced under wraps because of the risk attorneys could face bias and stigma. Here’s how lawyers, law firms and other groups are starting to take on the status quo. This article is part of our special report on disability inclusion in the legal industry.

  • August 13, 2018

    States Push Back Against Dismissal Bids In Opioid MDL

    Dozens of states slammed a bid by drugmakers and distributor McKesson Corp. to dismiss claims that they fueled the opioid crisis, telling an Ohio federal judge who is overseeing the opioid multidistrict litigation that a state's ability to protect the health of its citizens must not be restricted.

  • August 13, 2018

    After 'Untenable' IP Case, Judge Says MoFo Is Owed Fees

    A California federal judge on Monday sided with a team of Morrison & Foerster LLP attorneys who helped Genentech Inc. beat a patent infringement suit by Phigenix Inc. over the breast cancer drug Kadcyla, granting attorneys’ fees after finding Phigenix had “stubbornly proceeded with an untenable case.”

  • August 13, 2018

    ActiveCare Gets Nods On DIP Financing, Auction Plans

    A Delaware bankruptcy judge agreed to approve ActiveCare Inc.’s post-petition financing and plans for a $3.75 million stalking horse sale Monday after hours of negotiations to address unsecured creditors’ and the U.S. Trustee’s Office’s concerns the process was moving too quickly.

Expert Analysis

  • Ensnarement — A 2nd Bite At The Noninfringement Apple

    Brian D. Coggio

    Ensnarement is a potent defense to a finding of infringement under the doctrine of equivalents, as seen last month when a Massachusetts federal court granted Celltrion’s motion for summary judgment of noninfringement, holding that Janssen’s proposed hypothetical claims ensnared the prior art, say Brian D. Coggio and Ron Vogel of Fish & Richardson PC.

  • Distributors Expose Health, Life Sci Cos. To FCPA Risks

    Mimi Yang

    All companies operating abroad should be aware of potential liability under the Foreign Corrupt Practices Act and other anti-corruption laws, but health care and life sciences companies are at greater risk due to the nature of their products and their reliance on third-party distributors in international markets, say attorneys at Ropes & Gray LLP.

  • Interview Essentials For Attorneys On The Move

    Eileen Decker

    Across the country this fall, recent law school graduates, law firm associates and experienced professionals will interview for positions in private practice and government service. Sharing tips on how to stand out in this high-pressure, hypercompetitive process are Eileen Decker, former U.S. attorney for the Central District of California, and Keith Jacoby, co-chairman of Littler Mendelson PC’s class action practice group.

  • Risk Mitigation Strategies For Gene Therapy Developers

    Matt Holian

    In recent weeks, a handful of scientific articles in peer-reviewed medical literature, as well as alarmist headlines in the popular press, have questioned the safety of an important gene editing technology. While plaintiffs lawyers may take such indicators of evolving science out of context to support future claims, there are ways companies can mitigate the risks, say attorneys at DLA Piper.

  • Roundup

    Clerking For Ginsburg

    Clerking For Ginsburg

    Justice Ruth Bader Ginsburg joined the U.S. Supreme Court 25 years ago and is not planning to retire anytime soon — she has hired clerks through 2020. What's it like to assist Justice Ginsburg? In this series, former clerks reflect on the experience.

  • Kavanaugh On Attorney-Client Privilege — 3 Takeaways

    Louis Ramos

    In what may be one of his final acts on the D.C. Circuit, Judge Brett Kavanaugh has written an opinion that may strengthen attorney-client privilege over communications between a company and its in-house counsel. Attorneys at DLA Piper discuss what this holding could mean for the future of the privilege and offer advice for current in-house counsel.

  • Federal Law Both Sword And Shield In Cannabis Litigation

    Matthew Pierce

    While federal law prohibits the use of marijuana under any circumstances, the cannabis industry continues growing rapidly as more U.S. states legalize its use. The conflicting legal regimes have led to surprising, sometimes counterintuitive results in litigation and bankruptcy cases, says Matthew Pierce of Landis Rath & Cobb LLP.

  • Series

    Clerking For Ginsburg: 3 Surprises

    David Post

    It had never occurred to me that judges don’t always love the way their appellate cousins review their work and tell them — in public — all the things they got wrong. I was frequently struck by Justice Ruth Bader Ginsburg’s acute awareness of the delicacy of this relationship, says attorney David Post.

  • Testing Mandate Is Straining California Cannabis Cos.

    Oren Bitan

    California’s Proposition 64 legalized recreational cannabis, but set a deadline of July 1, 2018, for cannabis products to be tested for a range of toxic substances. Since then, one in every five pot samples have failed required testing, posing big challenges for the industry, says Oren Bitan of Buchalter PC.

  • Series

    Clerking For Ginsburg: A Superhero Supreme

    Burden Walker

    As a clerk for Justice Ruth Bader Ginsburg, my job was to mirror my boss’ views and values in everything I did. Years later, I find that I am still striving to live up to the values Justice Ginsburg instilled in me, as both a lawyer and a spouse, says Burden Walker, an assistant U.S. attorney for the District of Maryland.