We use cookies on this site to enable your digital experience. By continuing to use this site, you are agreeing to our cookie policy. close

Life Sciences

  • August 17, 2018

    Client's Benicar Trial Bill Shouldn't 'Scare Off' Firm: Judge

    A Missouri firm representing a man who passed on a $300 million opt-in settlement for injuries caused by blood pressure drug Benicar can’t be “scared off” the case just because his desired trial would be costly, a New Jersey federal court has said.

  • August 17, 2018

    Promega Gets Damages Appeal All Wrong, Life Tech Says

    Promega Corp.’s cert petition seeking additional damages from patent litigation it won over genetic-testing kits focuses on a question that has nothing to do with the actual case, Life Technologies Corp. said in urging the justices to reject it.

  • August 17, 2018

    Split Fed. Circ. Says Family Can't Get Vaccine Act Relief

    A split Federal Circuit on Friday said a U.S. Court of Federal Claims special master rightly denied National Childhood Vaccine Injury Act relief to a family whose son developed a seizure syndrome after getting his six-month vaccines, finding they didn’t prove the shots and the condition were directly related.

  • August 17, 2018

    Nationwide Ban OK For Trump Birth Control Rules, States Say

    Five states challenging Trump administration rules exempting employers from providing health care coverage for birth control due to moral or religious objections said the Ninth Circuit could uphold a nationwide injunction on the policy, arguing a recent ruling ending a national bar on the president's sanctuary city policy didn't mean all broad injunctions must be scrapped.

  • August 17, 2018

    Lincare Inks $5M FCA Kickbacks Deal Over Waived Copays

    Oxygen therapy giant Lincare Inc. will pay $5.25 million to resolve whistleblower allegations that it flouted the False Claims Act by paying kickbacks in the form of waived copayments owed by Medicare Advantage beneficiaries, the U.S. Department of Justice has announced.

  • August 17, 2018

    Ex-Lannett Execs Face Derivative Suit Over Antitrust Probes

    A shareholder of Lannett Co. Inc. has slapped several former executives at the generic-drug maker with a derivative lawsuit in Pennsylvania federal court, accusing them of orchestrating a damaging price-fixing scheme to artificially inflate the firm’s stock price.

  • August 17, 2018

    Setbacks Shake Up Fla.'s Medical Marijuana Rollout

    A series of recent court losses and the resignation of the state's medical marijuana chief threatens to upend Florida's efforts for gradual, carefully controlled legalization of the drug and has raised a multitude of questions about how one of the nation's potentially largest markets will take shape.

  • August 17, 2018

    Health Hires: Dorsey & Whitney, DLA Piper, Epstein Becker

    Dorsey & Whitney LLP, DLA Piper, Epstein Becker Green, Spencer Fane LLP, Minerva Neurosciences and Carlton Fields are among the latest firms to boost their health and life sciences offerings with new hires. 

  • August 17, 2018

    Impax Says Opana Deal Didn't Delay Competition

    Impax Laboratories Inc. has hit back at efforts to revive a pay-for-delay case over the opioid medication Opana ER, telling the Federal Trade Commission in a brief that the agreement it reached with Endo Pharmaceuticals Inc. that is being challenged is the only reason the drug is on the market.

  • August 17, 2018

    Ex-Katten Atty Gets 18 Months In Prison For Shkreli Fraud

    Former Katten Muchin Rosenman LLP attorney Evan Greebel on Friday was sentenced to 18 months in prison over allegations that he aided now-imprisoned former pharmaceutical executive Martin Shkreli in defrauding Retrophin Inc.

  • August 17, 2018

    Taxation With Representation: Akin Gump, Wachtell, Kirkland

    In this week’s Taxation With Representation, Diamondback snapped up Energen for $9.2 billion, Federal Street Acquisition Corp. bought Universal Hospital Services for $1.7 billion, Cabot Microelectronics Corp. bought KMG Chemicals for $1.6 billion and Best Buy acquired GreatCall for $800 million.

  • August 16, 2018

    Will Law Schools Start Counting ‘Generation ADA’?

    No one is tracking law students with disabilities to see where the education system may be failing them, but some advocates are working to change this dynamic and build a better pipeline.

  • August 16, 2018

    Ancestry.com Says 23andMe DNA Patent Invalid Under Alice

    Ancestry.com sought to nix allegations it infringed 23andMe Inc.’s technique for determining whether two customers are related by comparing DNA samples, telling a California federal judge Thursday that the patent is invalid under the U.S. Supreme Court’s Alice standard because it’s not inventive and relies on natural phenomenon.

  • August 16, 2018

    TKK Symphony Prices $220M IPO To Pursue China Deal

    TKK Symphony Acquisition Corp., a blank-check company advised by Ellenoff Grossman & Schole LLP, said Thursday it raised $220 million in an initial public offering to help fund the intended acquisition of a Chinese consumer products business.

  • August 16, 2018

    8th Circ. Voids Tax Court Ruling In $1.36B Medtronic Case

    The Eighth Circuit struck a blow Thursday to Medtronic Inc. in its $1.36 billion dispute with the Internal Revenue Service, vacating a favorable U.S. Tax Court decision after finding that the judge in the case had not justified the pricing.

  • August 16, 2018

    Fed. Circ. Upholds Duties On Compression Garments

    The Federal Circuit on Thursday upheld a U.S. Court of International Trade ruling that Sigvaris Inc. can't escape duties for compression sleeves and stockings it imports, albeit taking a different approach from the CIT as to why a physical handicap exception doesn’t apply.

  • August 16, 2018

    FDA Clears First EpiPen Generic, Made By Teva

    The U.S. Food and Drug Administration on Thursday approved Teva Pharmaceuticals USA’s long-anticipated generic of the EpiPen, Mylan NV’s emergency allergy treatment, making it the first generic of the drug-device combination to get the agency's green light.

  • August 16, 2018

    DEA To Cut Drugmaker Production Of Most-Abused Opioids

    The U.S. Drug Enforcement Administration on Thursday moved to curtail drugmaker production of the most commonly abused prescription opioids, saying the cut will inhibit illicit sales of narcotic painkillers.

  • August 16, 2018

    Keryx Shouldn't Get 2nd Chance To Ax Stock Suit, Court Told

    Investors in Keryx Biopharmaceuticals Inc. shot back Thursday at the company’s attempt to reargue its motion to dismiss a proposed class action alleging the company misled investors to believe it had mitigated supply chain risks before its stock tumbled due to a production delay.

  • August 16, 2018

    3rd Circ. Won't Revive Allergan Medicaid Rebate Suit

    The Third Circuit on Thursday refused to revive a pharmaceutical executive's suit claiming Allergan Inc. and other drug manufacturers shorted the federal government on drug rebate payments, finding the companies did not knowingly violate any laws.

Expert Analysis

  • Peering Behind The Peer Review Curtain

    William Childs

    The U.S. Supreme Court's opinion in Daubert v. Merrell Dow Pharmaceuticals specified peer review as one criterion for evaluating scientific evidence. But not all peer review is created equal, and sometimes additional exploration — whether through discovery into your adversaries’ experts, or early investigation of your own potential experts — may make sense, says William Childs of Bowman and Brooke LLP.

  • Series

    Judging A Book: Lipez Reviews 'Last Great Colonial Lawyer'

    Judge Kermit Lipez

    In his new book, "The Last Great Colonial Lawyer: The Life and Legacy of Jeremiah Gridley," Charles McKirdy argues that Gridley — someone I had never heard of — was the last great colonial lawyer, and that his cases illuminate his times. The author largely substantiates both claims, says First Circuit Judge Kermit Lipez.

  • 9th Circ. Criticism Of Judicial Notice Trend Is Significant

    Kevin LaCroix

    The Ninth Circuit's opinion this week in Khoja v. Orexigen Therapeutics makes clear that the court is concerned about the doctrines of judicial notice and incorporation by reference being applied loosely in securities cases. This could result in fewer dismissals, or at least fewer dismissals with prejudice, at the motion to dismiss stage, says Kevin LaCroix of RT ProExec.

  • 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.