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Life Sciences
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March 29, 2024
SEC Wins Extended Asset Freeze Against Biotech Co.
A Colorado federal judge on Friday granted the U.S. Securities and Exchange Commission's request to make permanent a restraining order freezing a biotech company's assets while the case proceeds, finding that the regulator is likely to prevail in the suit.
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March 29, 2024
Allergan Scoffs At Sandoz Bid To Undo $39M Patent Loss
Allergan told the Federal Circuit to reject Sandoz's fight over a $39 million verdict against it for infringing an Allergan eyelash growth drug patent, saying Sandoz's reliance on a 2014 decision involving the same drug misses the decision's central point.
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March 29, 2024
Judge Axes UpHealth's Claim Estimation Bid In Bankruptcy
A Delaware bankruptcy judge denied UpHealth Holdings Inc.'s request to treat a potential liability claim as worth nothing, saying the company hadn't shown that the bankruptcy case would be hindered if a state court was left to decide the claim's value.
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March 29, 2024
Hedge Fund Beats Vaxart Investor's 'Short-Swing' Profits Suit
A New York federal judge has granted a win to hedge fund Armistice Capital LLC and its managing member in a derivative suit brought by a shareholder of biotechnology company Vaxart Inc., which sought disgorgement of short-swing profits that allegedly were wrongfully obtained by the investment adviser.
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March 29, 2024
Del. Judge Clears Liquidia To Sell Lung-Disease Drug
A Delaware federal judge has ruled that biochemical startup Liquidia can launch its lung disease drug after the Federal Circuit upheld a patent board ruling cutting out the remaining claims in a hypertension patent owned by United Therapeutics that was keeping the drug off the market.
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March 29, 2024
THL's $2.5B Deal To Buy Agiliti Sparks Chancery Suit
A shareholder of Agiliti, a medical equipment and services provider on the cusp of being acquired and taken private by Thomas H. Lee Partners LP, has sued the healthcare company in Delaware's Court of Chancery, seeking more information about the controlling private equity stockholder's $2.5 billion buyout bid.
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March 29, 2024
NJ Law Firm Can Keep Benicar Malpractice Suit In Fed. Court
The U.S. District Court for the District of New Jersey has refused to remand to state court a proposed malpractice class action accusing Mazie Slater Katz & Freeman LLC attorneys of unfairly taking an excessive fee out of plaintiffs' settlements in multidistrict litigation over the blood pressure drug Benicar.
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March 29, 2024
Exec Says Pharma Co. Yanked Job Offer Over ADHD Medication
A Pennsylvania man with more than two decades of experience in the pharmaceutical industry claims he was denied a job after testing positive for amphetamines, even though he notified the Garden State company that he was on medication for attention deficit hyperactivity disorder, in violation of New Jersey's Law Against Discrimination.
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March 29, 2024
Biotech Co. Inflated Gene Therapy Prospects, Investors Claim
Massachusetts-based biotechnology company Bluebird Bio Inc. misled investors by understating the safety concerns of a gene therapy for sickle cell, causing damages when stock prices dropped, according to a proposed class action suit filed Thursday in Massachusetts district court.
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March 28, 2024
Penile Implant Doc Awarded $18.3M After Trade Secrets Trial
A California federal judge on Thursday awarded more than $18.3 million in royalties and damages to a urologist who won a jury trial verdict last year over a competitor's theft of penile implant trade secrets.
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March 28, 2024
Accused 'Shadow Trader' Can't Recall Why He Bought Stock
A California federal jury considering regulators' claims that an ex-Medivation executive engaged in "shadow trading" of a rival's stock heard video-recorded testimony Thursday from the executive, who said he couldn't recall why he purchased the securities just minutes after learning Pfizer was close to acquiring his own company.
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March 28, 2024
Fed. Circ. Won't Stop Sales Of Heart Valve Testers
The Federal Circuit held Thursday that a California federal judge wasn't wrong to deny an injunction request after declaring that a "substantial question of validity" had been raised over a patent covering a way of testing the durability of a heart valve.
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March 28, 2024
2 Firms Steer Close Of Hildred's $750M Continuation Fund
Healthcare-focused private equity firm Hildred Capital, advised by Kirkland & Ellis LLP and Lowenstein Sandler LLP, on Thursday said it clinched a multiasset continuation fund after securing more than $750 million in commitments, which will be used to acquire two companies from the firm's previous funds.
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March 28, 2024
Pfizer Wants Moderna Vax IP Case Paused For PTAB Review
Pfizer Inc. and BioNTech SE have asked a Massachusetts federal court to put on hold a COVID-19 vaccine patent case brought by rival biotechnology giant Moderna Inc. while they await a decision from the Patent Trial and Appeal Board on the validity of two of the three patents at issue.
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March 28, 2024
Fees Awarded For 'Feeble' Milk Vitamin Eligibility Argument
A Delaware federal judge has ordered ChromaDex Inc. and Dartmouth College to pay attorney fees to Elysium Health for making a "feeble" and failed argument defending their milk vitamin patents from an eligibility challenge, saying he's rarely been more confident that a suit was unreasonable.
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March 28, 2024
Rite Aid Says It Has Creditor Deal, Gets OK For Plan Vote
A New Jersey bankruptcy judge Thursday gave Rite Aid the go-ahead to send its Chapter 11 plan out for a creditor vote after hearing it has reached a $47.5 million deal with unsecured creditors and is close to a settlement on state and federal claims over drug sales.
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March 28, 2024
MSG-Maker Says Chinese Exporters Skirting Duties Via Malaysia
The U.S. arm of Japanese monosodium glutamate manufacturer Ajinomoto Co. Inc. claims Chinese MSG producers are using a Malaysian competitor to evade duties on the umami flavor enhancer, saying the Malaysian company's facility isn't big enough to produce the product.
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March 28, 2024
Implant Maker's Bribe Case Ripe For Trimming, Judge Says
A money laundering charge levied against implant manufacturer SpineFrontier Inc. and its executives may be dropped from the broader bribery and kickback prosecution as a Boston federal judge Thursday struggled to square up how the company could have allegedly concealed the unlawful transfers to surgeons while also disclosing them publicly.
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March 28, 2024
McCarter & English Wins Extra $1.8M In Client Billing Suit
A Connecticut federal judge has found that McCarter & English LLP is entitled to another $1.8 million on top of the $1.85 million it has already been granted as a prejudgment remedy in a contract dispute, saying the former client on the hook for the award must also disclose assets under oath that could support the total $3.65 million award.
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March 27, 2024
Merger News Boosts Rivals, 'Shadow Trading' Jury Told
Medivation's 2016 sale announcement would have an expected positive "spillover effect" on rival Incyte's stock price, a U.S. Securities and Exchange Commission expert testified Wednesday in a "shadow trading" trial over claims an ex-Medivation executive exploited confidential news of his company's imminent acquisition to buy shares in the competitor.
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March 27, 2024
Latham, Cooley Steer Oncology Firm's $100M IPO
Clinical-stage oncology firm Boundless Bio Inc. raised a $100 million initial public offering at the middle of its price range late on Wednesday, represented by Latham & Watkins LLP and underwriters' counsel Cooley LLP, joining a potentially recovering IPO market.
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March 27, 2024
ITC Judge Recommends Exclusion Order In Tourniquet IP Row
A U.S. International Trade Commission administrative judge has recommended the commission order that imports of products related to blood flow restriction be banned, handing a win to a pair of American medical product manufacturers.
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March 27, 2024
NY AG, Others Blast Sandoz Deal 'Tax' On Future Settlements
New York's attorney general was one of three objectors Tuesday to a provision in Sandoz's proposed $265 million settlement with a class of drug wholesalers in Pennsylvania federal court that they say will delay any future generic-drug price-fixing litigation deals by taxing agreements over $119.25 million.
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March 27, 2024
Eli Lilly Age Bias Suit Over Promotions Nabs Collective Status
An age discrimination suit accusing Eli Lilly of passing over older workers for promotions in favor of millennials can move forward as a collective action, an Indiana federal judge ruled, finding thousands of workers may have been affected by the same policy.
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March 27, 2024
BCBS Can't Escape Therapy Coverage Suit
A North Carolina federal judge refused to throw out a proposed class action accusing Blue Cross Blue Shield of unlawfully refusing to cover proton beam therapy to treat prostate cancer, saying the case could remain in court if a state worker health plan is added as a defendant.
Expert Analysis
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3 Defense Takeaways From The Bankman-Fried Trial
FTX founder and former CEO Sam Bankman-Fried’s recent fraud conviction offers several key lessons for future white collar defendants, from the changing nature of cross-examination to the continued risks of taking the stand, say Jonathan Porter and Gregg Sofer at Husch Blackwell.
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Series
Children's Book Writing Makes Me A Better Lawyer
Becoming a children's book author has opened doors to incredible new experiences of which I barely dared to dream, but the process has also changed my life by serving as a reminder that strong writing, networking and public speaking skills are hugely beneficial to a legal career, says Shaunna Bailey at Sheppard Mullin.
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How The PTAB Landscape Shifted In 2023
Attorneys at Finnegan consider the impact of noteworthy Patent Trial and Appeal Board developments in 2023, including rulemaking, litigation, precedential decisions and director reviews that affected PTAB practice, and offer a reference for examining future proceedings and strategies.
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New Pharma Guidelines Bring Pitfalls For Compounders
New guidelines from U.S. Pharmacopeia, which went into effect last month, require some extensive and potentially expensive compliance efforts from hospitals and compounding pharmacies, and smaller compounders could particularly struggle, says Natalia Mazina at Mazina Law.
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Opinion
What Happens If High Court Rejects Releases In Purdue Ch. 11
Reading the tea leaves following the U.S. Supreme Court's recent arguments in Harrington v. Purdue Pharma, it appears likely that the justices will decide that bankruptcy courts lack the power to release third-party claims against nondebtors, which would result in one of three scenarios, says Gregory Germain at Syracuse University.
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FDA's Recent Litigation Records Are Strong, But Imperfect
The U.S. Food and Drug Administration has notched its share of litigation wins in recent years thanks to a number of key advantages, but the FDA has been less successful in certain highly visible arenas, Jonathan Berman and Colleen Heisey at Jones Day.
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Coming To Terms With Means-Plus-Function Patent Claims
Made-up patent claim terms can open arguments that means-plus-function claim interpretation applies under the Patent Act, but a series of practice tips, including the use of structural language immediately after introducing a claim element, can help avoid such perceptions, says Brad Luchsinger at Harness IP.
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5 Steps For Healthcare Companies After Biden's AI Order
Rather than simply monitoring for the issuance of agency guidelines on artificial intelligence in the wake of President Joe Biden's October executive order, health and life sciences companies should take action now and begin building internal operational and technical infrastructures designed to govern the use of AI, says Joy Sharp at Faegre Drinker.
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Opinion
Giving The Gov't Drug Patent March-In Authority Is Bad Policy
The Biden administration's recent proposal to allow government seizure of certain taxpayer-funded drug patents is a terrible idea that would negate the benefits of government-funded research, to the detriment of patients and the wider economy, says Wayne Winegarden at Pacific Research Institute.
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How Clients May Use AI To Monitor Attorneys
Excerpt from Practical Guidance
Artificial intelligence tools will increasingly enable clients to monitor and evaluate their counsel’s activities, so attorneys must clearly define the terms of engagement and likewise take advantage of the efficiencies offered by AI, says Ronald Levine at Herrick Feinstein.
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7 Enforcement Predictions For US Export Controls, Sanctions
Federal agencies' assertions of coming increases in export-control and sanctions-violations enforcement are not new, but recent improvements in resources and inter-agency cooperation allow for certain predictions about how the administration’s latest approach to enforcement may be applied going forward, say attorneys at Akin.
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How AI Executive Order Aims To Compete For Foreign Talent
Immigration provisions within the Biden administration's executive order on artificial intelligence take a strategic approach to promoting the U.S. as a destination for AI and STEM talent by streamlining visa processing, enhancing educational and exchange programs, and improving current visa programs and pathways to permanent residency, says Eric Bord at Morgan Lewis.
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Series
ESG Around The World: Singapore
Singapore is keen to establish itself as a leading international financial center and a key player in the sustainable finance ecosystem, and key initiatives led by its government and other regulatory bodies have helped the Asian nation progress from its initially guarded attitude toward ESG investment and reporting, say attorneys at Morgan Lewis.
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Series
The Pop Culture Docket: Judge D'Emic On Moby Grape
The 1968 Moby Grape song "Murder in My Heart for the Judge" tells the tale of a fictional defendant treated with scorn by the judge, illustrating how much the legal system has evolved in the past 50 years, largely due to problem-solving courts and the principles of procedural justice, says Kings County Supreme Court Administrative Judge Matthew D'Emic.
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Navigating Asset Tracing Challenges In Bankruptcy
A Virginia court’s recent ruling in Health Diagnostic Laboratory Inc.'s bankruptcy highlights the heightened demand for asset tracing and the strategic use of the lowest intermediate balance rule in recovering funds from commingled accounts, says Daniel Lowenthal at Patterson Belknap.