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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.”
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.