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Life Sciences

  • August 13, 2018

    5 State AGs Argue Against $62B Bayer-Monsanto Deal

    In opposition to Bayer AG’s planned $62 billion acquisition of Monsanto Co., the attorneys general of California, Iowa, Massachusetts, Mississippi and Oregon sent a comment letter to the U.S. Department of Justice, arguing that the deal would concentrate an already narrow seed market and threaten innovation.

  • August 13, 2018

    Aralez Gets OK To Tap $5M DIP, Must Produce Budget Info

    A New York bankruptcy judge on Monday approved a request by Aralez Pharmaceuticals Inc. to use up to $1 million from a $5 million debtor-in-possession loan, but instructed the distressed drug distributor to better explain its budget and application of borrowed funds when it seeks the remainder.

  • August 13, 2018

    Opioid MDL Bellwether Trial Postponed 6 Months

    An Ohio federal judge on Monday delayed the first bellwether trial in multidistrict litigation over the opioid epidemic by nearly six months to September 2019, the latest sign that dreams of quickly resolving the epic legal battle may not be realized.

  • August 13, 2018

    FTC Overstepped In Shire FDA Petitions Case, 3rd Circ. Told

    The Federal Trade Commission exceeded its authority in bringing a lawsuit that alleges a Shire PLC unit abused the U.S. Food and Drug Administration’s citizen petition process to delay generic competition for its antibiotic Vancocin and is overstating potential consequences of the lower court’s dismissal, the Washington Legal Foundation has told the Third Circuit.

  • August 13, 2018

    9th Circ. Rips Judicial Notice Trend In Securities Suits

    A Ninth Circuit panel on Monday took issue with a "concerning pattern" in securities fraud cases, saying corporate defendants are exploiting judicial notice procedures by submitting dozens of documents to improperly defeat viable complaints early in litigation.

  • August 13, 2018

    Fed. Circ. Wrong On HIV Drug Patent Challenge, Justices Hear

    A health care group told the U.S. Supreme Court it was improperly barred by the Federal Circuit from challenging a patent for an HIV drug because it had not filed an Abbreviated New Drug Application for a generic version of the drug, according to a petition for certiorari related to its request for declaratory judgment ruling the patents are invalid.

  • August 13, 2018

    Warner Media Wants Out Of Benefits Suit Over HIV/AIDS Meds

    Warner Media LLC urged a California federal judge to toss a suit over a program that requires HIV/AIDS patients to get their specialty medication only at a CVS pharmacy or by mail order, arguing that the patients couldn’t sue for a benefit — the choice of pharmacy — that was not provided in the company's health plan.

  • August 13, 2018

    Rising Star: Fish & Richardson's Joseph Warden

    Joseph B. Warden of Fish & Richardson PC represents Gilead Sciences Inc. in its ongoing infringement suit over hepatitis C drug patents and secured a reversal of a $2.5 billion damages award in the suit — the largest patent damages award in history — earning him a spot as one of five life sciences attorneys under 40 selected as Law360 Rising Stars.

  • August 10, 2018

    How The Legal Industry Lets Down Lawyers With Disabilities

    The dissolution of a five-year-old bar group marks the latest setback for disabled attorneys, who often find little support while navigating an inhospitable industry. This is the first article in a special report on disability inclusion in the legal industry.

  • August 10, 2018

    Gaining Access: Disabled Lawyers Share Their Stories

    In a series of interviews, lawyers tell Law360 how even well-intentioned professors can create barriers, how inclusivity can help a firm’s litigation prowess, and how “inspirational” can be a dirty word. This article is part of our special report on disability inclusion in the legal industry.

  • August 10, 2018

    Deals Rumor Mill: Frontier-Suzhou, VF Corp., SIG Combibloc

    A pair of Chinese drug developers are looking to join in on a growing trend of biotech public offerings in Hong Kong, the company behind jeans brands Lee and Wrangler is sussing out options for its denim division, and private equity-backed packaging maker SIG Combibloc is on target to unveil plans to publicly list.

  • August 10, 2018

    J&J Can't Ax Pfizer Antitrust Suit Over Remicade Biosimilar

    Pfizer Inc. has credibly shown that Johnson & Johnson may have flouted antitrust laws by coercing health insurers into not covering biosimilar versions of biologic Remicade, a Pennsylvania federal judge said in a ruling released Friday.

  • August 10, 2018

    Insurer Won't Cover Bias Suit Over Employee's Breast Cancer

    Allied World Specialty Insurance Co. sued rent-to-own chain Aaron’s Sale & Lease in Illinois federal court Friday, saying a former employee’s discrimination suit over a breast cancer-related disability cannot be covered because the notice came too late.

  • August 10, 2018

    Pending Patent's Inventor Can't Be Disputed, Fed. Circ. Says

    The Federal Circuit on Friday affirmed the dismissal of a lawsuit by a man seeking to be named the sole inventor on a pending cannabis patent application, ruling that such suits can’t be filed until after a patent is issued.

  • August 10, 2018

    Fla. Medical Provider To Pay $2.2M To End Kickback Claims

    Trinity Medical Pharmacy LLC agreed to pay $2.2 million to end claims it violated the False Claims Act by accepting kickbacks and failed to inform the federal government that its chief operating officer was a convicted felon, the U.S. Department of Justice said on Friday.

  • August 10, 2018

    Monsanto Owes $289M In Landmark Roundup Cancer Trial

    A California jury held Friday that Monsanto’s Roundup and Ranger Pro herbicides contributed to a school groundskeeper’s lymphoma and slapped the company with a combined $289 million in compensatory and punitive damages in a landmark suit against the agricultural giant, which has denied links between its herbicides and cancer for decades.

  • August 10, 2018

    Celator Insider Trading Schemers Spared Prison Time

    Two men were each sentenced Friday in New Jersey federal court to a year of home confinement for their roles in an insider trading scheme involving confidential information about Celator Pharmaceuticals Inc.'s positive test results for a cancer drug and the company's impending acquisition by Jazz Pharmaceuticals PLC.

  • August 10, 2018

    Lowenstein FDA Chair Eyes Biosimilar Battles, Off-Label Rules

    Lowenstein Sandler LLP’s James Shehan, chair of the firm’s U.S. Food and Drug Administration practice, tells Law360 he's tracking patent litigation over biosimilars, watching for new off-label promotion policies and eyeing innovative approaches to clinical trials. This is the first installment in a series of interviews with FDA practice leaders.

  • August 10, 2018

    Merus Asks High Court To Bat Down Mouse Patent Appeal

    Merus NV has urged the U.S. Supreme Court to keep in place a lower court's decision that rendered Regeneron Pharmaceuticals Inc.'s genetically modified mouse patent unenforceable due to inequitable conduct during infringement litigation, saying its rival is attempting to "rewrite history."

  • August 10, 2018

    Aralez Sheds Assets For $250M As Bankruptcy Cases Begin

    Aralez Pharmaceuticals Inc. on Friday said it will sell $250 million worth of assets in separate deals with Canada’s Nuvo Pharmaceuticals Inc. and funds controlled by investment firm Deerfield Management as the company begins bankruptcy proceedings in the U.S. and Canada.

Expert Analysis

  • Where The Gibson Taxpayers Went Wrong

    Joshua Bauchner

    In Gibson v. Commissioner of Internal Revenue, the U. S. Tax Court ruled that taxpayers running a medical marijuana dispensary could not deduct those ordinary and necessary business expenses normally associated with the operation of a business. The taxpayers in Gibson made several accounting and record keeping errors, say Joshua Bauchner and Robert Aufseeser of Ansell Grimm & Aaron LLP.

  • Why Bristol-Myers Applies To Absent Class Members: Part 3

    Brian Troyer

    Since the U.S. Supreme Court's Bristol-Myers Squibb decision, some courts have acknowledged that class certification is a form of joinder like traditional joinder, even while arguing that they do not need independent jurisdiction over class members’ claims. The irrational results speak for themselves, says Brian Troyer of Thompson Hine LLP.

  • Series

    Clerking For Ginsburg: 4 RBG Lessons On Having It All

    Rachel Wainer Apter

    Justice Ruth Bader Ginsburg is everything she is cracked up to be​ — f​eminist icon​, brilliant jurist​, fierce dissenter. She is also an incredible boss, mentor and friend.​ ​Her advice has shaped how I have tried to balance building a career and ​raising children, says Rachel Wainer Apter, counsel to the New Jersey attorney general.

  • On-Sale Bar Questions Leading Up To Helsinn At High Court

    Michael Bunis

    Next term, the U.S. Supreme Court will tackle the issue of whether the America Invents Act intended to overrule decades of precedent and change the standard for the on-sale bar in Helsinn. But some guidance on how to avoid the “commercial” nature requirement of the on-sale bar altogether may already be found in Federal Circuit precedent, say attorneys with Choate Hall & Stewart LLP.

  • Fortuity Rules May Incite Coverage Row Over Opioid Lawsuits

    Monica Sullivan

    Recent cases like Miami-Luken v. Navigators emphasize that losses must be accidental and fortuitous to be covered by insurance. Since most opioid lawsuits allege that defendants knowingly caused harm, companion insurance coverage suits will continue to raise issues such as prior knowledge and known loss, say Monica Sullivan and Jodi Green of Nicolaides Fink Thorpe Michaelides Sullivan LLP.

  • Tackling Digital Class Notice With Rule 23 Changes

    Brandon Schwartz

    Proposed modifications to Rule 23 of the Federal Rules of Civil Procedure, scheduled to take effect at the end of this year, will officially recognize the use of electronic notice in class action administrations. Brandon Schwartz and Maggie Ivey of Garden City Group LLC provide guidance on navigating a daunting digital landscape.

  • Why Bristol-Myers Applies To Absent Class Members: Part 2

    Brian Troyer

    Since the U.S. Supreme Court's Bristol-Myers Squibb v. Superior Court of California decision, some courts have chosen to treat a nonresident’s claim as within a court’s jurisdiction if the claimant is an absent class member, but not if the claimant is a named plaintiff. This has led to anomalous, irreconcilable outcomes, says Brian Troyer of Thompson Hine LLP.

  • Series

    Clerking For Ginsburg: How To Play The Long Game

    Arun Subramanian

    One of us was a clerk when Justice Ruth Bader Ginsburg read her Ledbetter dissent from the bench, inviting Congress to act, and the other clerked a few years later, when RBG's prominently displayed copy of the Lilly Ledbetter Fair Pay Act served as a daily reminder that dissents are not just for show, say Arun Subramanian and Mark Musico of Susman Godfrey LLP.

  • Why Bristol-Myers Applies To Absent Class Members: Part 1

    Brian Troyer

    A split is growing among courts over the application of Bristol-Myers Squibb v. Superior Court of California in class actions. Courts that have declined to apply the decision to absent class members have given a dizzying array of reasons, but have produced internally contradictory and legally problematic results, says Brian Troyer of Thompson Hine LLP.

  • Series

    Clerking For Ginsburg: In Pursuit Of Precision

    Trevor Morrison

    As clerks for Justice Ruth Bader Ginsburg, we learned early on that, when preparing a memorandum or draft opinion, it was essential to present any opposing argument in its strongest possible light. There is a lesson here for today's public debates, says Trevor Morrison, dean of NYU Law School.