Life Sciences

  • August 22, 2017

    Science No Salve For J&J In Talc Cases, $417M Verdict Shows

    Johnson & Johnson's $417 million loss in the first California jury trial over the alleged link between its talcum products and ovarian cancer, following a string of defeats in Missouri, highlights the drugmaker's uphill battle in using science to try and convince emotional jurors it hasn't lied to consumers.

  • August 22, 2017

    US Bioservices To Settle Kickback Claims For $13.4M

    US Bioservices will pay $13.4 million to settle government claims that it violated the False Claims Act by encouraging patients to unnecessarily refill prescriptions of the iron chelation drug Exjade in exchange for kickbacks in the form of referrals from the drug’s maker Novartis, according to filings in New York federal court Tuesday.

  • August 22, 2017

    'Open Season' For FCA Plaintiffs In 9th Circ., Gilead Says

    A recent Ninth Circuit ruling badly misinterpreted the U.S. Supreme Court’s Escobar decision and effectively declared “open season” for False Claims Act whistleblowers to target minor regulatory violations, Gilead Sciences Inc. told the Ninth Circuit on Monday.

  • August 22, 2017

    US Says CEO Can't Avoid Retrial He Fed Info To Ex-MLBer

    U.S. prosecutors on Monday told a California federal judge that there is no reason to toss insider trading charges against a former Advanced Medical Optics Inc. CEO alleged to have fed nonpublic information to former MLB player Doug DeCinces, who was convicted of insider trading earlier this year.

  • August 22, 2017

    FTC, Boehringer Take Last Swipes In Docs Request Appeal

    The Federal Trade Commission and Boehringer Ingelheim each filed final briefs in the D.C. Circuit on Monday, with the sides sparring over a cache of documents from a 2008 Aggrenox patent dispute that the drugmaker alleges is protected by attorney-client privilege and the agency claims is not.

  • August 22, 2017

    Generics Makers Beat Reckitt's Mucinex Infringement Claims

    A pair of generic-drug makers that Reckitt Benckiser had accused of ripping off patents it holds for the respiratory relief drug Mucinex were let off the hook Tuesday by a New Jersey federal judge who was unconvinced by a Reckitt expert's testimony that the drugs' formulations were similar.

  • August 22, 2017

    Call Center Worker Hits Drugmaker With OT Class Action

    Drugmaker AmerisourceBergen was hit with a proposed class action Monday alleging the company violates the Fair Labor Standards Act by not paying call center employees for the time it takes to boot up their computers and otherwise prepare for the day.

  • August 22, 2017

    FDA Warning Wire: Becton Dickinson, Ice Pops, Potent Drugs

    Becton Dickinson & Co. let more than 400 complaints slip through the cracks, ice-pop and cosmetics companies got caught with rodent problems, and a drug compounding company was caught selling products that were significantly more potent than labeled, according to newly released U.S. Food and Drug Administration documents.

  • August 22, 2017

    PTAB Upholds AstraZeneca Diabetes Meds Patent

    AstraZeneca has fended off another challenge to a patent on its $3.5 billion diabetes drugs Onglyza and Kombiglyze, with the Patent Trial and Appeal Board finding Mylan Pharmaceuticals and other drugmakers failed to show parts of the patent were invalid.

  • August 22, 2017

    1st Circ. Affirms Dismissal Of Sarepta Securities Suit

    The First Circuit on Tuesday upheld the dismissal of a putative securities class action against drugmaker Sarepta Therapeutics Inc., saying that despite five tries, the plaintiffs failed to plead a “cogent inference of scienter” that the company misled investors over the possibility of government approval for its muscular dystrophy drug eteplirsen.

  • August 22, 2017

    TTAB Says 'Medical Extrusion Technologies' Not Distinctive

    The Trademark Trial and Appeal Board has issued a precedential decision that “Medical Extrusion Technologies” cannot be registered as a trademark for plastics used in medical devices, saying the term had not acquired enough distinctiveness in the minds of consumers.

  • August 22, 2017

    AbbVie, Patient Both Say Jury On Their Side In $150M Award

    AbbVie Inc. and an AndroGel user who claimed the product caused his heart attack attempted to salvage their unusual jury verdict Monday, with both sides telling an Illinois federal judge the panel's $150 million award sent a clear message in their favor.

  • August 22, 2017

    EU Watchdog Launches Probe Of $66B Bayer-Monsanto Deal

    The European Union’s antitrust regulator has opened an in-depth investigation of German drug and chemical maker Bayer’s proposed $66 billion buyout of U.S. agrochemical company Monsanto, warning Tuesday that the merger may reduce competition in industries that are already globally concentrated.

  • August 22, 2017

    Calif. Court OKs Bid For Chinese Co.'s US Assets

    A California federal judge on Monday allowed two Los Angeles residents to go after a Chinese bioengineering firm’s shares in a Golden State-based company, citing the pair’s “futile” attempts to collect an arbitral award of more than 34.5 million renminbi ($5 million) after the court confirmed it.

  • August 22, 2017

    Del. Court Denies Toss Of Tyrogenex Takeover Plot Suit

    Acknowledging possible “darker overtones” to a venture capital firm’s gain of control over drug developer Tyrogenex Inc. after the abrupt firing of its CEO-founder, a Delaware vice chancellor refused Tuesday to dismiss most breach-of-fiduciary-duty claims focused on the saga.

  • August 22, 2017

    Feds Net $12M From Eye Surgery Co. In FCA Kickbacks Deal

    An eye surgery provider has agreed to pay out $12 million to the federal government to settle a False Claims Act suit over an alleged kickback scheme for federally reimbursed sales of surgical supplies and services, Minnesota’s acting U.S. attorney said Monday.

  • August 22, 2017

    J&J Unit Seeks To Boot Pelvic Mesh Cases From Philly Court

    A Johnson & Johnson unit argued on Monday that the company's lack of tangible links to Pennsylvania prevented the Philadelphia County Court of Common Pleas from hearing nearly a hundred cases from out-of-state residents over injuries allegedly caused by faulty pelvic mesh implants.

  • August 22, 2017

    Krystal Biotech Files $35M IPO Led By Morrison & Foerster

    Krystal Biotech Inc., a gene therapy company developing treatments for rare and severe skin diseases, on Monday filed a $35 million initial public offering to fund its pipeline under guidance from Morrison & Foerster LLP.

  • August 22, 2017

    UHC Ignoring Subpoena In Testosterone MDL, Endo Says

    UnitedHealthcare should hand over subpoenaed information about its dealings in testosterone replacement drugs if it wants to become part of a proposed class of insurers and third-party payors accusing drug companies of fraudulently marketing the drugs, Endo Pharmaceuticals Inc. told an Illinois federal court Monday.

  • August 22, 2017

    Pharmacy Seeks Final OK For Roche's $17M TCPA Deal

    A family-owned pharmacy leading Telephone Consumer Protection Act litigation accusing medical testing supplier Roche Diagnostics Corp. of sending unwanted faxes asked an Indiana federal judge Monday to grant final approval to a $17 million deal that sets aside roughly $5.6 million for attorneys' fees.

Expert Analysis

  • Rebuttal

    Assessing 'The Value Of Class Actions'

    Andrew Pincus

    In a recent Law360 opinion piece, Gary Mason claimed that class actions provide “significant benefits” to class members. But the study he conducted to support this conclusion shows just the opposite, says Andrew Pincus of Mayer Brown LLP.

  • Helsinn Redo Request Is Important Opportunity For Fed. Circ.

    Robert Esmond

    In Helsinn v. Teva, the Federal Circuit declined to interpret the meaning of "otherwise available to the public" in the America Invents Act. Helsinn's recent petition for en banc review presents another chance for the court to provide much-needed guidance on the phrase, say attorneys with Sterne Kessler Goldstein & Fox PLLC.

  • Diversity In The Legal Profession — A Stubborn Vision

    Robert Grey

    At the Leadership Council on Legal Diversity, we want to see, as founding member and Microsoft chief legal officer Brad Smith once stated, “a legal profession as diverse as the nation we serve.” We are not there yet — far from it — but we are beginning to put some numbers on the board, says Robert Grey, president of the Leadership Council on Legal Diversity.

  • A New Standard For Suspicious Order Monitoring: Part 1

    Kenneth Weinstein

    This past year, the U.S. Drug Enforcement Agency's suspicious order monitoring requirement has become increasingly important. However, the decision of whether an individual order should be blocked and reported may come down to a "know-it-when-you-see-it" standard that is difficult to systematize, say analysts with Analysis Group Inc.

  • Opinion

    New Salary History Laws Crimp Attorney Hiring Process

    Fredric Newman

    In prohibiting employers from asking potential hires about their previous salaries, lawmakers seek to "level the playing field." But there are real problems with the practicality, legality and enforceability of many of the salary history laws, says Fredric Newman, a founding partner of Hoguet Newman Regal & Kenney LLP.

  • State And Local Tax Scoreboard: 2017 Midyear Review

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    In this midyear state and local tax review, Charles Capouet and Hanish Patel of Eversheds Sutherland LLP discuss 2017 SALT litigation to date, including corporate income tax and sales and use tax case results, the most significant cases of Q2 2017, and the Maine Supreme Judicial Court’s holding in State Tax Assessor v. MCI Communications Services Inc.

  • 5 Tips For A Successful Legal Blog

    David Coale

    David Coale, leader of the appellate practice at Lynn Pinker Cox & Hurst LLP, shares his insights into what works — and what does not — when setting up and maintaining a legal blog.

  • Opioid Litigation: What’s On The Horizon

    David Schwartz

    As prescriptions for pain-suppressing opioids have soared, some have speculated that litigation will follow. Such litigation could take various forms, including personal injury lawsuits making design defect and/or failure-to-warn claims, consumer fraud actions, and more. Manufacturers and retailers should take steps now to protect themselves, say authors from Innovative Science Solutions and Locke Lord LLP.

  • Series

    Judging A Book: Kopf Reviews Posner's 'Federal Judiciary'

    Judge Richard Kopf

    There is a wonderful sketch of Seventh Circuit Judge Richard Posner dressed in a black robe with arms outstretched as if they were the billowing wings of a lean vulture. He is kicking a human brain down a hallway and wearing a half-smile that looks for all the world like a sneer. That sketch is the perfect metaphor for both Judge Posner and his new book, "The Federal Judiciary: Strengths and Weaknesses," says U.S. District Judge Ri... (continued)

  • Opinion

    The Proper Measure Of The Value Of Class Actions

    Gary Mason

    Despite many examples of benefits obtained by plaintiffs, corporate America loudly claims that class actions don’t benefit anyone other than the attorneys who bring them. What do they base this on? Not much, says Gary Mason of Whitfield Bryson & Mason LLP.