Life Sciences

  • February 16, 2018

    Boston Scientific IP Attys Must Defend Doc-Redact Request

    A California federal judge on Thursday denied Boston Scientific Corp.’s bid to seal documents related to Nevro Corp.’s suit claiming infringement of its spinal cord pain treatment patents, saying Boston’s attorneys must file explanations why they shouldn’t be sanctioned for “frivolous and vexatious conduct.”

  • February 16, 2018

    Merck Unit Loses $2.5B Verdict As Hep C Patent Invalidated

    A Delaware federal judge dismantled a Merck & Co. unit’s $2.5 billion jury verdict win over Gilead Sciences Inc. in an infringement suit over a hepatitis C drug patent, finding Friday that the patent’s claims weren’t specific enough for an experienced scientist to successfully re-create the formula.

  • February 16, 2018

    Allergan, Others Cough Up $9M In Product-Hopping Suit

    Allergan Inc., Senju Pharmaceutical Co. Ltd. and Kyorin Pharmaceutical Co. Ltd. have agreed to pay Hartig Drug Co. Inc. $9 million to end a putative class action alleging product-hopping over eye care products Zymar and Zymaxid, according to documents filed Friday in Delaware federal court.

  • February 16, 2018

    Insmed Beats Stock-Drop Suit Over Lung Disease Drug

    A New Jersey federal judge on Thursday tossed a proposed class action alleging that Insmed Inc. misled investors over the likelihood that a lung disease drug would gain market approval in Europe, ruling that the biopharmaceutical company’s alleged misstatements and omissions didn’t meet the standards for securities law claims.

  • February 16, 2018

    PTAB Will Review Amgen Patent Tied To Sanofi Eczema Drug

    The Patent Trial and Appeal Board said Thursday it would review a patent owned by Amgen unit Immunex — which Sanofi says stands in the way of its new eczema biologic — with the board finding Sanofi met the standard set out in its recent General Plastic ruling.

  • February 16, 2018

    Pharma Co. Chiasma Can't Escape Investor Suit, Judge Rules

    A Massachusetts federal judge on Thursday ruled that biopharmaceutical company Chiasma Inc. must face a proposed class action alleging investors in its 2015 initial public offering were misled about the prospects for regulatory approval of its product candidate Mycapssa, an oral treatment for a rare hormonal disorder known as acromegaly.

  • February 16, 2018

    Momenta, Sandoz Can't Nix Drug Antitrust Suit, Court Told

    A Tennessee hospital urged a federal court Thursday to keep its antitrust lawsuit against Momenta Pharmaceuticals Inc. and Sandoz Inc. alive because a related challenge to a Momenta patent is ongoing.

  • February 16, 2018

    Lion Biotech Gets Some Claims Trimmed In Investor Dispute

    A California federal judge has dismissed two of six claims in a proposed class action against Lion Biotechnologies Inc., leaving in place allegations that it artificially inflated its stock price by secretly commissioning news stories but ruling the lead investor hadn’t traced his stock purchases to one of Lion’s allegedly misleading statements.

  • February 16, 2018

    Pot Biz Urges Supreme Court To Take Case Against IRS

    A Colorado-based marijuana company has urged the U.S. Supreme Court to hear its case against the Internal Revenue Service, alleging the agency lacks the authority to investigate criminal activity and saying a circuit split must be resolved on the scope of a law preventing courts from interfering with tax collection efforts.

  • February 16, 2018

    Womble Bond Snags 3 Pepper Hamilton Gov't Contracts Attys

    Womble Bond Dickinson LLP has added three attorneys from Pepper Hamilton LLP who have worked together throughout their careers and have experience in-house at General Dynamics and Micron Technology to its government contracts team.

  • February 16, 2018

    9th Circ. Won't Revive Investor Suit Over Hep B Drug Trials

    A California federal judge was right to dismiss a proposed investor class action accusing Arrowhead Research Corp. of overstating clinical trial results for its hepatitis B medication, as the company didn’t issue false or misleading statements, the Ninth Circuit said Thursday.

  • February 16, 2018

    Taxation With Representation: Kirkland, Davis, Skadden, Weil

    In this week's Taxation With Representation, Wyndham sold its European vacation rental business to Platinum Equity for $1.3 billion, LyondellBasell bought A. Schulman for $2.25 billion, Hoffman-La Roche proposed buying Flatiron Health for $1.9 billion, and Charles River Laboratories acquired MPI Research for $800 million.

  • February 15, 2018

    W.Va. Opioid Suit Against McKesson Sent Back To State Court

    The state of West Virginia on Thursday won its bid to send back to state court a suit accusing pharmaceutical company McKesson Corp. of oversupplying the state with millions of doses of opioids, the latest decision in a string of cases over the opioid crisis.

  • February 15, 2018

    Russian Arbitral Award OK'd Against No-Show Pharma Biz

    A New York federal judge on Wednesday sided with a magistrate judge’s recommendation to confirm a nearly $466,000 Russian arbitral award against a defunct Long Island pharmaceutical company that failed to appear in the arbitration and the subsequent litigation, finding no error.

  • February 15, 2018

    Bayer Claims Perrigo Infringed Finacea Drug Patents

    Bayer AG accused Perrigo UK Finco LP on Thursday in Delaware federal court of infringing a half dozen of its patents by seeking approval to sell a generic version of the rosacea treatment Finacea Foam.

  • February 15, 2018

    ABA Presses For Trade Secrets Safeguards In New NAFTA

    Any renegotiation of NAFTA should include a provision requiring all parties to enact stronger protections for trade secrets and patents and to crack down on the import of knockoff goods, the American Bar Association’s intellectual property section told the U.S. Trade Representative on Wednesday.

  • February 15, 2018

    Shunt Patent Reissue Doomed By Recapture Rule: Fed. Circ.

    The Federal Circuit on Thursday denied the request of two inventors seeking reissue of a patent on a shunt used in kidney dialysis, finding the patent’s reissue claims “impermissibly recapture” material they intentionally surrendered in the original prosecution process.

  • February 15, 2018

    Bioverativ Shareholders Sue To Block $11.6B Sale To Sanofi

    Shareholders of Bioverativ Inc. slapped the biopharmaceutical company and its board of directors with a proposed securities class action in Massachusetts federal court on Thursday, accusing them of withholding crucial information needed to make an informed decision on a proposed $11.6 billion sale to Sanofi.

  • February 15, 2018

    A Chat With Hogan Lovells HR Chief Allison Friend

    In this monthly series, legal recruiting experts Amanda Brady and Amy Mallow of Major Lindsey & Africa interview law firm management from Am Law 200 firms about how they are navigating an increasingly competitive business environment. The second conversation is with Allison Friend, chief human resources officer for Hogan Lovells LLP.

  • February 14, 2018

    NuVasive Says Rival Hired Key Workers, Copied Spine System

    NuVasive Inc. alleged a competitor engaged in a coordinated effort to rip off its entire spinal surgery system, hiring former executives who worked on the technology and then devising a system that closely mimicked it, according to an infringement suit entered in California federal court Wednesday.

Expert Analysis

  • Register Your California Cannabis Trademarks Now

    Joshua Cohen

    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.

  • How Emerging Sources Of ESI Will Impact Discovery

    Charles McGee

    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.

  • Put The Brakes On Acceleration Bay Litigation Funder Ruling

    David Gallagher

    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.

  • How Natural Experiments Can Help In Estimating Damages

    Niall MacMenamin

    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.

  • Considerations For Attorneys Using Artificial Intelligence

    Ben Allgrove

    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.

  • Protecting Trade Secrets Disclosed To The FDA

    Douglas Nemec

    Considering the U.S. Food and Drug Administration's increased focus on transparency, life science companies should take a fresh look at the protections over trade secret information disclosed to the FDA and be prepared to resist the disclosure of such information, say attorneys with Skadden Arps Slate Meagher & Flom LLP.

  • Series

    Judging A Book: Duncan Reviews 'Justice And Empathy'

    Judge Allyson Duncan

    In "Justice and Empathy: Toward a Constitutional Ideal," the late Yale Law School professor Robert Burt makes a compelling case for the undeniable role of the courts in protecting the vulnerable and oppressed​. But the question of how the judiciary might conform to Burt’s expectations raises practical problems​, says U.S. Circuit Judge Allyson Duncan of the Fourth Circuit. ​

  • Emerging Trends In FCA Enforcement: 2018 Outlook

    Vince Farhat

    Two new policies from the U.S. Department of Justice, along with ongoing developments concerning the elements of scienter and materiality stemming from the landmark U.S. Supreme Court decision in Escobar, have the potential to significantly change the landscape of False Claims Act enforcement in the year ahead, say attorneys with Holland & Knight LLP.

  • 'Throw' Your Mini-Opening To Get The Best Jury Possible

    Christina Marinakis

    In the hopes of piquing the interest of jurors and minimizing hardship requests, more and more judges are encouraging parties to make “mini-openings” prior to voir dire. You can use this as an opportunity to identify your worst jurors and get them removed from the panel — by previewing your case weaknesses and withholding your strengths, says Christina Marinakis of Litigation Insights.

  • D&O Insurance Coverage For Government Investigations

    Caroline Meneau

    Recent insurance decisions underscore the importance of understanding how directors and officers liability insurance applies in government investigations. Patriarch v. AXIS is particularly interesting because the insurer wanted to define "claim" more broadly than the policyholder, say Caroline Meneau and Brian Scarbrough of Jenner & Block LLP.