Life Sciences

  • 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. on Saturday 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. 

  • January 23, 2017

    Consumers Fight Alere Dismissal Bid In Blood Test Suit

    A proposed class action alleging health diagnostics company Alere Inc. misleadingly sold consumers inaccurate home blood test kits asked a Massachusetts federal judge on Friday to keep the case alive, saying the company’s argument that consumers must file their actions in the states where they purchased the tests is premature and meritless. 

  • January 23, 2017

    Pfizer Hits Back At Texas In Rebate Info Disclosures Suit

    Pzifer Inc. told a federal judge in Texas on Friday that, contrary to claims from the Texas Health and Human Services Commission, there is no proof that the commission's disclosure of its drug pricing and rebate information to two state legislators was required in order to oversee administration of the Medicare rebate program.

  • January 23, 2017

    Bayer Suit Over False Mirena Price Listing Survives

    RJ Health Systems International LLC must face Bayer HealthCare Pharmaceuticals Inc.’s suit alleging that the drug information company falsely listed the price of Bayer’s intrauterine device Mirena as nearly $200 less than it actually costs, leading to lost income for the drugmaker, a New Jersey federal judge said on Friday.

  • January 23, 2017

    Calif. Judge Trims Supplement Buyer's False Ad Suit

    A California federal court on Friday allowed BPI Sports LLC and related companies to escape a consumer’s request for injunctive relief in a proposed class action over the alleged false advertising of a product’s weight-loss benefits but allowed the rest of the suit to proceed.

  • January 20, 2017

    Merck Pays Bristol-Myers $625M In Cancer Treatment IP Row

    Merck will pay Bristol-Myers Squibb $625 million to end an ongoing intellectual property battle over an immunotherapy cancer treatment, the companies announced on Friday, ending multiple cases including three lawsuits in Delaware federal court and setting up a 10-year licensing agreement.

  • January 20, 2017

    Obama's FDA Leaves Mark With Last-Minute Policy Blitz

    The U.S. Food and Drug Administration capped off the Obama administration with a flurry of bold policy statements on drug and device regulation, potentially influencing or hamstringing a Trump administration that has flirted with greatly relaxed oversight, attorneys say.

  • January 20, 2017

    8 Firms To Steer IPOs Totaling $1.9B As 2017 Gets Cranking

    Eight firms will guide initial public offerings aiming to raise about $1.9 billion the week of Jan. 23, representing a wide range of issuers that could jolt a sluggish IPO market, including the year's first technology "unicorn," several private equity-backed deals, an energy offering and four biotechs.

  • January 20, 2017

    Head Of Meningitis-Linked Pharmacy Called Regulators Inept

    The head of a compounding pharmacy whose mold-tainted drugs killed dozens of people in 2012 bragged in training videos about state regulators who didn't have a clue about the company's business, according to exhibits entered into evidence Thursday in the man's murder trial.

  • January 20, 2017

    Anthem Agrees To Lift Extra Step In Opioid Rehab Coverage

    Insurer Anthem Inc. has agreed to stop requiring that doctors answer questions about specific patients to obtain coverage for medication-assisted treatment for opioid abuse, removing an impediment to the therapy, New York Attorney General Eric T. Schneiderman said Thursday.

  • January 20, 2017

    Agile Lied About Birth Control Patch Study, Investor Says

    Agile Therapeutics Inc. misled investors into thinking that a contraceptive patch it was developing would get U.S. Food and Drug Administration approval, even though more than half the participants had dropped out of the clinical study and the patch didn’t meet industry standards, a second potential class of shareholders alleged in New Jersey federal court on Friday.

  • January 20, 2017

    Taxation With Representation: Cravath, Weil, Jones Day, Davis

    In this week's Taxation With Representation, British American Tobacco is taking over Reynolds American for $49 billion, Exxon Mobil says it will pay up to $6.6 billion for companies with drilling properties in the Permian Basin, and Eli Lilly is set to purchase a migraine treatment developer for roughly $960 million.

Expert Analysis

  • 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.

  • 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.

  • It’s Time To Change The Law Firm Business Model

    Lucia Chiocchio

    Every year, statistics reveal very little change in the number of women and minorities in the ranks of partnership. So how do law firms change this painfully slow rate of progress? It takes more than adding a diversity policy or a women’s leadership program to the current law firm business model, says Lucia Chiocchio, co-chair of Cuddy & Feder LLP's telecommunications and land use, zoning & development groups.

  • Health Care Enforcement Review And 2017 Outlook: Part 3

    Jordan T. Cohen

    While 2016 marked one of the least productive years in the history of Congress, the same cannot be said of health care enforcement and regulatory agencies. Perhaps motivated by the impending change in administration, these agencies promulgated a number of notable regulations in 2016, say attorneys at Mintz Levin Cohn Ferris Glovsky and Popeo PC.

  • 2 Ways Courts Approach Willful Infringement After Halo

    Natalie Hanlon Leh

    Following the U.S. Supreme Court's decision in Halo last year, district courts have taken diverging approaches to the pleading requirements for willful infringement. Some courts set a relatively low bar, and others set a relatively high bar, say Natalie Hanlon Leh and Michael Silhasek of WilmerHale.