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Life Sciences

  • May 23, 2018

    Dexcom Hit With Atty Fees For 'Bad Faith' Patent Suit

    Diabetes glucose monitoring company Dexcom Inc. has to pay attorneys’ fees to its New Hampshire-based rival after a California federal judge held that it acted in “bad faith” by continuing to litigate a patent case despite multiple court warnings, according to an order unsealed Tuesday.

  • May 23, 2018

    Fed. Circ. Upholds Most Of Bovine Breeding Patent Verdict

    A split Federal Circuit panel on Wednesday mostly upheld a verdict that Trans Ova Genetics LC infringed XY LLC’s patents on sorting cattle semen for breeding, although the judges disputed whether an inter partes review invalidation of one patent rendered the validity of that patent moot.

  • May 23, 2018

    J&J Talc Supplier Challenges Evidence In $117M Verdicts

    Attorneys sparred Wednesday in New Jersey state court over a defense bid to toss verdicts totaling $117 million in damages against Johnson & Johnson and its talc supplier, Imerys Talc America Inc., on the grounds that a man’s decades-long exposure to the pharmaceutical giant’s asbestos-containing talcum powder contributed to his mesothelioma.

  • May 23, 2018

    FDA Wants Risky OTC Teething Treatments Pulled Off Market

    The U.S. Food and Drug Administration on Wednesday said it told companies that sell certain over-the-counter infant teething products to take their treatments off the market or else face penalties, as an ingredient in those products can cause a life-threatening blood disorder in children and infants.

  • May 23, 2018

    'Queen Of Toxic Torts' Leaves Quinn Emanuel For Dechert

    Quinn Emanuel Urquhart & Sullivan LLP on Tuesday said Sheila Birnbaum, a product liability defense attorney nicknamed the “Queen of Toxic Torts,” is leaving the firm to join Dechert LLP’s New York office, along with fellow partners Mark Cheffo and Douglas E. Fleming.

  • May 23, 2018

    UCB’s Epilepsy Drug Patent Win Upheld By Fed. Circ.

    The Federal Circuit on Wednesday affirmed a Delaware federal court's finding that a UCB Inc. patent on the epilepsy drug Vimpat is not invalid for double patenting or obviousness, upholding the company's win over a slew of generics makers including Mylan and Accord.

  • May 23, 2018

    Biosimilars Imperiled By Big Drug Rebates, FDA Chief Warns

    The fledgling industry of lower-cost biosimilars is increasingly imperiled by hefty rebates that are attached to higher-cost biologics in exchange for preferential insurance coverage, the U.S. Food and Drug Administration’s leader said Wednesday.

  • May 23, 2018

    Impax Dismissal Offers Clues On Pay-For-Delay Under Actavis

    The recent dismissal of a Federal Trade Commission action challenging a purported pay-for-delay agreement between Endo and Impax provides important insights about how courts could analyze these types of agreements under the Supreme Court's landmark Actavis ruling.

  • May 24, 2018

    CORRECTED: Convictions Don’t Mean Valeant Is Off The Hook

    Valeant Pharmaceuticals International Inc. may have helped prosecutors secure a conviction for a former employee who took a $9.7 million kickback in exchange for pushing Valeant to buy a mail-order pharmacy, but that doesn’t mean the drugmaker won’t face liability over its ties to Philidor Rx Services, attorneys told Law360. Correction: A previous version of this article incorrectly described the involvement of the U.S. Attorney’s Office in Massachusetts. The error has been corrected.

  • May 23, 2018

    Teva Urges Justices To Reject Fed. Circ. On-Sale Bar Appeal

    Teva Pharmaceuticals has urged the U.S. Supreme Court not to review the Federal Circuit's holding on the America Invents Act's changes to the on-sale bar rule, arguing Helsinn Healthcare is wrong to claim that the ruling puts "countless" patents at risk.

  • May 23, 2018

    Norton Rose Loses 14 Health, Life Sci Attys To Reed Smith

    Reed Smith LLP has nabbed a team of 14 health and life sciences attorneys from Norton Rose Fulbright who will launch a new office in Austin, Texas, help boost the firm’s international life sciences presence, and otherwise bulk up the offices in Washington, D.C., New York and Houston, the firm announced Wednesday.

  • May 23, 2018

    Cherokees Slam Drug Cos.' Bid To Pause Opioid Suit

    The Cherokee Nation on Tuesday urged an Oklahoma federal judge not to pause the tribe's suit against drug distributors and retail pharmacies for their alleged role in the opioid epidemic, asking him instead to rule soon on whether the case should be sent back to state court.

  • May 22, 2018

    No Asbestos In J&J Talc Mines, SC Mesothelioma Jury Hears

    Johnson & Johnson’s talc mines in Vermont have been shown to be asbestos-free, a mineralogy and geology expert hired by the company told a South Carolina jury on Tuesday hearing the case of an attorney who died at age 30 from mesothelioma allegedly caused by her use of J&J baby powder sold by Rite Aid.

  • May 22, 2018

    Pa. Panel Revives Suit Linking Man's Leukemia To Pesticides

    A Pennsylvania appeals panel Tuesday dealt a blow to companies including Bayer Crop Science and BASF Corp. and revived a wrongful death case filed by the family of a man who administered pesticides on a golf course for 40 years, disagreeing with a lower court that the case’s expert relied too heavily on novel science linking the chemicals to the man’s fatal leukemia.

  • May 22, 2018

    Ill. Robitussin Buyers Slam Bid To Toss Nationwide Claims

    Consumers blasted Pfizer Inc.'s second bid to toss nationwide class claims from an Illinois federal suit accusing the company of overcharging for its “Maximum Strength” Robitussin, saying Tuesday that its request is not based on new or intervening law.

  • May 22, 2018

    Ex-Insys Execs Rail Against 'Inflammatory' RICO Indictment

    Former executives at Insys Therapeutics Inc. blasted “inflammatory” drug-enterprise charges against them on Monday in a bid to dismiss a lengthy indictment claiming they bribed doctors to prescribe the company’s expensive fentanyl spray, calling the allegations “ugly insinuations about lawful business practices.”

  • May 22, 2018

    House Sends 'Right To Try' Treatments Bill To Trump

    The House of Representatives sent a bill to President Donald Trump on Tuesday that would greatly increase the “right to try” experimental treatments under current U.S. Food and Drug Administration rules, which backers claim would help bring hope to otherwise terminally ill patients.

  • May 22, 2018

    Covington Picks Up 2 Kirkland Partners To Lead PE Practice

    Covington & Burling LLP has hired a pair of partners from Kirkland & Ellis LLP experienced in handling mergers and acquisitions, leveraged buyouts and other transactions in industries including life sciences, media, technology, automotive, defense and hospitality to head up the firm’s private equity practice in New York, the firm said Tuesday.

  • May 22, 2018

    Express Scripts Beats Investor Suit Over Anthem Disclosures

    Pharmacy benefit manager Express Scripts Holdings Co. on Tuesday won the dismissal of an investor suit over a breakdown in its relationship with health insurance giant Anthem Inc. that allegedly caused a multibillion-dollar drop in the value of its shares.

  • May 22, 2018

    GSK Gets Generic Suits Tossed From Zofran MDL

    Three women who took a generic version of a nausea treatment developed by GlaxoSmithKline LLC can’t sue the branded drugmaker for injuries allegedly caused by a generic product, a Massachusetts federal judge said Monday when dismissing their allegations from multidistrict litigation.

Expert Analysis

  • A Proposed Approach For High Court In Vitamin C Case

    Michael Kimberly

    It is safe to expect a narrow ruling from the U.S. Supreme Court in Animal Science v. Hebei, instructing lower courts not to give conclusive deference to foreign sovereigns’ legal submissions. But it would be more sensible to instruct U.S. courts to assess whether these submissions are entitled to any deference in their country of origin and, if so, to give them that deference, say Michael Kimberly and Matthew Waring of Mayer Brown LLP.

  • Advertiser Self-Regulation And Class Actions: Part 2

    John Villafranco

    Are plaintiffs lawyers scouring National Advertising Division rulings for litigation targets? An analysis of the timing of class actions in relation to NAD decisions suggests that the risk of being subject to a follow-on consumer class action after participation in an NAD proceeding that results in an adverse decision is low, say attorneys with Kelley Drye & Warren LLP.

  • A Look Inside Trump's 4-Point Plan For Curbing Drug Prices

    Tom Bulleit

    President Donald Trump recently outlined his administration’s plan for lowering prescription drug prices. Tom Bulleit and Kirsten Mayer of Ropes & Gray LLP break down the key proposals and assess the likely paths forward.

  • FCA Questions That High Court May Address Next Term

    Michael Waldman

    Although the U.S. Supreme Court has denied review on 12 False Claims Act-related petitions this term, at least six petitions raising FCA issues currently remain on the docket. And three of them appear to have already piqued the court’s interest, say Michael Waldman and Ralph Mayrell of Robbins Russell Englert Orseck Untereiner & Sauber LLP.

  • Advertiser Self-Regulation And Class Actions: Part 1

    John Villafranco

    When an advertiser voluntarily participates in industry self-regulation before the National Advertising Division, it does so expecting to avoid litigation. Yet there is a consistent concern among advertisers that NAD participation may make consumer class action litigation more, rather than less, likely. Attorneys with Kelley Drye & Warren LLP examine whether NAD decisions actually provide fodder for class actions.

  • No Smoke But Alarms Are Ringing: Insurance For E-Cigarettes

    Jonathan Viner

    Litigation over e-cigarettes has thus far been limited to claims arising out of malfunctioning devices, but injury claims that result from widespread use of e-cigarettes that function exactly as intended will involve numerous interesting and contested insurance coverage issues, says Jonathan Viner of Nicolaides Fink Thorpe Michaelides Sullivan LLP.

  • Opinion

    Why Won't Judicial Nominees Affirm Brown V. Board Of Ed?

    Franita Tolson

    On May 17, 1954, the U.S. Supreme Court decided Brown v. Board of Education, recognizing a moral and legal truth that should be beyond question in American society. The refusal by some of President Donald Trump's judicial nominees to say whether they believe the case was decided correctly is indicative of the narrow-minded elitism they would bring to the bench, says professor Franita Tolson of the University of Southern California's Gould School of Law.

  • Fed. Circ. Applies Teva Deference In 2 Types Of Cases

    Richard Zhang

    Since the U.S. Supreme Court’s 2015 decision in Teva v. Sandoz changed the standard of review for factual findings made in the course of claim construction, the Federal Circuit has applied deference in just eight of the 24 cases that involved claim-construction extrinsic evidence. These decisions reveal some predictability, says Richard Zhang of Fisch Sigler LLP.

  • The Lawyers' Guide To Cloud Computing

    Daniel Garrie

    In deciding whether cloud computing is right for the organization or firm, an attorney must consider cloud computing’s significant impact on the electronic discovery process, say Daniel Garrie, managing partner at Law & Forensics LLC, and David Cass, chief information security officer at IBM Cloud.

  • Opioid Legislation May Expand Telehealth Coverage

    Emily Wein

    Several of the opioid-related proposals under consideration in both houses of Congress would allow more practitioners to remotely prescribe treatment for opioid addiction. This would greatly increase providers' access to those suffering from addiction in rural areas, say Emily Wein and Amit Rao of Baker Donelson Bearman Caldwell & Berkowitz PC.