Life Sciences

  • May 25, 2017

    TC Heartland Adds To Fed. Circ. Losing Streak At High Court

    In its blockbuster ruling this week restricting where patent infringement suits can be filed, the U.S. Supreme Court issued yet another blow to the Federal Circuit in an ongoing battle over whether the court is reading too much into statutes and creating too many elaborate rules for patent law.

  • May 25, 2017

    FDA Chief Vows Action On Generic Approvals, Obstruction

    The U.S. Food and Drug Administration’s newly confirmed leader said Thursday that the agency will soon take action to ease drug prices by speeding development of generic medicines and cracking down on efforts by brand-name drugmakers to impede competition.

  • May 25, 2017

    Pharma Cos. Say No Fraud Claimed In Cancer Drug Size Suit

    Three companies involved in the manufacture and distribution of the cancer drug Velcade told an Illinois federal judge on Thursday to dismiss claims they conspired to inflate sales by selling oversized vials, saying the union health plans that filed the suit failed to state any real claims.

  • May 25, 2017

    Zimmer Knee Implant Cases Will Move Forward As MDL

    An Illinois federal judge has said she will not disband multidistrict litigation accusing Zimmer Inc. of manufacturing shoddy knee implants before she can try another pair of bellwethers in her court.

  • May 25, 2017

    Deals Rumor Mill: Staples, Web.com, Stada

    Staples has rejected a takeover offer that valued the company at more than $5.8 billion, Web.com is in discussions with private equity firms about a potential buyout, and Advent, Permira and Shanghai Pharmaceuticals have decided not to offer to buy German pharmaceutical company Stada.

  • May 25, 2017

    GSK Seeks New Trial In Reed Smith Atty Suicide Case

    GlaxoSmithKline asked an Illinois federal judge Thursday to grant it a new trial over a suit filed by the widow of a Reed Smith LLP attorney who died after taking a generic form of one of its antidepressants, arguing the jury’s finding that the company was liable for his suicide wasn’t supported by the evidence.

  • May 25, 2017

    Teva To Pay $1.6M To Resolve Calif. Counties' Opioid Suit

    Teva Pharmaceuticals Inc. will pay $1.6 million for substance abuse treatment to resolve a lawsuit brought in state court by two California counties over allegedly misleading marketing practices involving opioid painkillers, according to media reports Thursday.

  • May 25, 2017

    Drug Wholesalers Blast Forest’s Bid For Profit Docs

    A proposed class of drug wholesalers urged a New York federal judge Wednesday to deny Forest Laboratories LLC’s request for certain documents in an antitrust suit alleging the drugmaker blocked generics for its Namenda Alzheimer’s treatment, saying their profit information is irrelevant in an antitrust case.

  • May 25, 2017

    Chinese Cos. Buy Condom, Sexual Wellness Biz For $600M

    The maker of LifeStyles condoms said Wednesday that it plans to sell its sexual wellness arm to a Chinese consortium for $600 million, as it pivots away from consumer products and toward a business-to-business approach.

  • May 25, 2017

    Pfizer Says Expert Testimony In Celebrex Suit Unreliable

    Pfizer asked a Virginia federal judge Wednesday to exclude expert testimony supporting the certification of a class of direct purchasers who allege the drugmaker used fraudulent patents to delay generic-drug competition for its Celebrex painkiller, saying the testimony is not reliable.

  • May 25, 2017

    Biogen Asks Judge To Toss Neurological Drug Antitrust Suit

    Biogen Inc. asked a California federal judge to toss an antitrust suit brought by a pharmaceutical research company, arguing Wednesday that the company failed to show how Biogen’s decision to enter a patent settlement and license agreement caused any harm to competition.

  • May 25, 2017

    Michigan Law Correctly Applied In Stryker Noncompete Suit

    A Sixth Circuit panel on Wednesday said a lower court properly ruled in favor of Stryker Corp. when a jury found a former salesman for the company violated noncompete and confidentiality agreements and misappropriated trade secrets, saying the court correctly applied Michigan rather than Louisiana law.

  • May 24, 2017

    UC, Medivation Settle Drug Royalty Row On Eve Of Trial

    The University of California and pharmaceutical maker Medivation told a San Francisco jury Wednesday that they had settled the school’s drug patent licensing suit on the eve of trial, thanking jurors and telling them the jury selection process had helped usher in the deal.

  • May 24, 2017

    Ex-Heritage Execs To Help States Probe Drug Price-Fixing

    Two former Heritage Pharmaceuticals Inc. executives have agreed to cooperate with 41 states in their ongoing investigation and litigation regarding possible antitrust activity in the generic drug industry, various state attorneys general said Wednesday.

  • May 24, 2017

    Theranos Dodges Investors’ ‘Boundless’ Docs Bid, For Now

    A California magistrate judge refused Wednesday to order Theranos to provide a putative shareholder class with all documents the beleaguered startup produced in similar, recently settled suits over claims it lied about the accuracy of its blood tests, saying he opened discovery, but “that doesn’t mean discovery is boundless.”

  • May 24, 2017

    Judge Won’t Wade Into Mich. Biopharma Co.’s Proxy Fight

    A Michigan federal judge on Wednesday rejected a request by biopharmaceuticals firm Rockwell Medical Inc. that he require several shareholders to register themselves as a group and curtail their contacts with other investors, saying he doesn’t want to chill shareholder activism.

  • May 24, 2017

    PTAB Finds University Of Md. Is Immune From IP Review

    The Patent Trial and Appeal Board on Tuesday held that a University of Maryland heart valve patent may not be challenged in an America Invents Act inter partes review because its owner has immunity under the 11th Amendment as an “arm of the state.”

  • May 24, 2017

    Novo Nordisk, Benefit Co. Conspired To Hike Prices, Suit Says

    Drugmaker Novo Nordisk Inc. and pharmacy benefit manager OptumRx Inc. have conspired to artificially inflate the price of a Type 2 diabetes medication, forcing patients to pay more than they normally would for the treatment, according to a proposed class action filed Tuesday in California federal court.

  • May 24, 2017

    3rd Circ. Ends Amarin Shareholder Row Over Heart Drug

    The Third Circuit upheld the dismissal of a securities class action against biopharmaceuticals maker Amarin on Tuesday, agreeing with a New Jersey district court that the company’s statements about the FDA approval process for a fish oil drug were not misleading to investors.

  • May 24, 2017

    Jury Readies To Mull 4th Philly Pelvic Mesh Case

    A Philadelphia jury will begin deliberating Thursday whether a Johnson & Johnson unit is liable for a Pennsylvania woman's pain and inability to have sexual intercourse, after three consecutive eight-figure jury verdicts against the company in lawsuits over allegedly defective pelvic mesh.

Expert Analysis

  • My Milkshake Is Better Than Yours: Part 2

    Jill Dessalines

    In the second installment of this two-part series on disruptive innovation among mid-size law firms, Jill Dessalines, founder of Strategic Advice for Successful Lawyers and former senior vice president at McKesson Corp., explores a number of ideas for keeping clients and maintaining market position.

  • Extending Omnicare Beyond The Section 11 Case

    William Sullivan

    With its recent decision in a securities suit against Align Technology, the Ninth Circuit joined the Second Circuit in applying Omnicare’s heightened falsity pleading standards to Section 10(b) and Rule 10b-5 fraud claims. Companies should therefore pay attention to the Omnicare standards as applied to all of their public statements, say attorneys with Paul Hastings LLP.

  • The Next Steps For Biometrics Legislation Across The US

    Justin Kay

    This month, Washington became the third state after Illinois and Texas to enact its own legislation generally governing the collection, use and retention of biometric data. As biometric information becomes more commonplace, there appears to be a renewed focus on the Illinois law, as well as a new impetus in other states to pass similar laws, say Justin Kay and Brendan McHugh of Drinker Biddle & Reath LLP.

  • My Milkshake Is Better Than Yours: Part 1

    Jill Dessalines

    As I sat there listening, incredulous to learn that "Milkshake" was not only a real song but also a chart-topper, it reminded me of Harvard Business School Professor Clayton Christensen’s work on disruptive innovation — and how it pertains to mid-size law firms, says Jill Dessalines, founder of Strategic Advice for Successful Lawyers and former assistant general counsel of McKesson Corp.

  • A Potent Weapon For Fighting False Ad Claims At 9th Circ.

    Michelle Gillette

    The Ninth Circuit’s recent decision in Kwan v. SanMedica International is good news for companies doing business in California, especially supplement manufacturers, that often find themselves sued in class actions attacking the studies on which they base their claims, say Michelle Gillette and Josh Foust of Crowell & Moring LLP.

  • AIA Trial Institution Rates Are Good News For Patent Owners

    Kerry Taylor

    The U.S. Patent and Trademark Office recently released America Invents Act trial statistics through the first half of fiscal year 2017, and one trend is clear: The overall trial institution rates for inter partes reviews, covered business method reviews and post-grant reviews are down, say Kerry Taylor and Nathanael Luman of Knobbe Martens Olson & Bear LLP.

  • Back To The Fourco: High Court's New, Old Patent Venue Test

    Brian Ferguson

    For nearly 30 years, courts have liberally construed the patent venue statute. But no more — on Monday the U.S. Supreme Court reinstated its 1957 Fourco interpretation of the statute. This decision in TC Heartland will have a profound and immediate impact on patent litigation, say Brian Ferguson and Rahul Arora of Weil Gotshal & Manges LLP.

  • Attorneys, Your Input Is Needed On Deposition Rule

    Frank Silvestri, Jr.

    Every lawyer who’s handled a civil case in federal court knows about Rule 30(b)(6), governing deposition procedures. But for many real-world deposition dilemmas, the rule offers little guidance. Last year, an Advisory Committee on Civil Rules subcommittee began considering whether the rule should be amended. Now attorneys must advise the subcommittee how to proceed, says Frank Silvestri Jr. of Verrill Dana LLP.

  • Learning From Social Media For Adverse Event Reporting

    Mei Sheng Duh

    As researchers continue to develop tools and methods to analyze social media data after patients' exposure to pharmaceutical and biotechnology products, it becomes necessary to consider how to best use that data and how to limit the data's uses in identifying and evaluating drug-induced adverse events, say analysts at Analysis Group Inc.

  • 2 Rules For Avoiding Cannabis-Related Property Traps

    Dennis Baranowski

    Similar to the Gold Rush of 1849 where the majority of prospectors realized little to no return from their labors, the "Green Rush" of marijuana legalization is destined to yield the same result. However, following two golden rules will help you weed out the bad deals from the good and strike it rich, says Dennis Baranowski of Geraci Law Firm.