Life Sciences

  • February 20, 2018

    High Court Won't Hear Lipitor, Effexor Pay-For-Delay Appeals

    The U.S. Supreme Court on Tuesday declined to hear appeals from Pfizer Inc. and Teva Pharmaceuticals in their bids to duck claims they participated in schemes to delay generic forms of cholesterol drug Lipitor and antidepressant medication Effexor XR, respectively.

  • February 20, 2018

    Ex-Katten Muchin Atty Says Jury Misconduct Tainted Trial

    Attorneys for former Katten Muchin Rosenman LLP partner Evan Greebel on Saturday gave the most detailed account to date of a raft of purported jury misconduct they say plagued the trial of the onetime attorney to Martin Shkreli, arguing that Greebel’s conviction should be quashed.

  • February 20, 2018

    Justices Decline 'Vexatious' Patient's Suit Over CT Scan

    The U.S. Supreme Court on Tuesday refused to revive a malpractice and product liability suit against a California hospital and General Electric bought by a “vexatious litigant” — as deemed by a California court — who claimed a GE-made CT scan exposed him to unacceptable cancer risks and a burning sensation in his genitals.

  • February 20, 2018

    Ky. Says Distributor Failed To Police Opioid Prescriptions

    Drug distributor Cardinal Health has exacerbated the opioid epidemic by filling suspicious drug orders and neglecting to alert the authorities about them, Kentucky's attorney general claimed in a suit filed Monday in state court.

  • February 20, 2018

    Meet The Attys At The Opioid MDL's Negotiating Table

    The fate of multidistrict litigation over the opioid crisis now rests heavily with 18 elite attorneys who've been tasked with negotiating a settlement in the historic case. Here, Law360 presents the names and faces of the negotiators, along with information about their biggest cases and notable achievements.

  • February 17, 2018

    The Firms That Dominated At The Federal Circuit In 2017

    These law firms handled some of the hottest issues in intellectual property last year, racking up wins and setting precedent in all corners of patent law.

  • February 17, 2018

    How The Federal Circuit’s Patent Docket Changed In 2017

    A hefty patent caseload has been the new normal for the Federal Circuit since America Invents Act proceedings first hit the court three years ago, but 2017 still saw some subtle changes. Here, Law360 looks at the latest trends in patent appeals.

  • February 16, 2018

    Boston Scientific IP Attys Must Defend Doc-Redact Request

    A California federal judge on Thursday denied Boston Scientific Corp.’s bid to seal documents related to Nevro Corp.’s suit claiming infringement of its spinal cord pain treatment patents, saying Boston’s attorneys must file explanations why they shouldn’t be sanctioned for “frivolous and vexatious conduct.”

  • February 16, 2018

    Merck Unit Loses $2.5B Verdict As Hep C Patent Invalidated

    A Delaware federal judge dismantled a Merck & Co. unit’s $2.5 billion jury verdict win over Gilead Sciences Inc. in an infringement suit over a hepatitis C drug patent, finding Friday that the patent’s claims weren’t specific enough for an experienced scientist to successfully re-create the formula.

  • February 16, 2018

    Allergan, Others Cough Up $9M In Product-Hopping Suit

    Allergan Inc., Senju Pharmaceutical Co. Ltd. and Kyorin Pharmaceutical Co. Ltd. have agreed to pay Hartig Drug Co. Inc. $9 million to end a putative class action alleging product-hopping over eye care products Zymar and Zymaxid, according to documents filed Friday in Delaware federal court.

  • February 16, 2018

    Insmed Beats Stock-Drop Suit Over Lung Disease Drug

    A New Jersey federal judge on Thursday tossed a proposed class action alleging that Insmed Inc. misled investors over the likelihood that a lung disease drug would gain market approval in Europe, ruling that the biopharmaceutical company’s alleged misstatements and omissions didn’t meet the standards for securities law claims.

  • February 16, 2018

    PTAB Will Review Amgen Patent Tied To Sanofi Eczema Drug

    The Patent Trial and Appeal Board said Thursday it would review a patent owned by Amgen unit Immunex — which Sanofi says stands in the way of its new eczema biologic — with the board finding Sanofi met the standard set out in its recent General Plastic ruling.

  • February 16, 2018

    Pharma Co. Chiasma Can't Escape Investor Suit, Judge Rules

    A Massachusetts federal judge on Thursday ruled that biopharmaceutical company Chiasma Inc. must face a proposed class action alleging investors in its 2015 initial public offering were misled about the prospects for regulatory approval of its product candidate Mycapssa, an oral treatment for a rare hormonal disorder known as acromegaly.

  • February 16, 2018

    Momenta, Sandoz Can't Nix Drug Antitrust Suit, Court Told

    A Tennessee hospital urged a federal court Thursday to keep its antitrust lawsuit against Momenta Pharmaceuticals Inc. and Sandoz Inc. alive because a related challenge to a Momenta patent is ongoing.

  • February 16, 2018

    Lion Biotech Gets Some Claims Trimmed In Investor Dispute

    A California federal judge has dismissed two of six claims in a proposed class action against Lion Biotechnologies Inc., leaving in place allegations that it artificially inflated its stock price by secretly commissioning news stories but ruling the lead investor hadn’t traced his stock purchases to one of Lion’s allegedly misleading statements.

  • February 16, 2018

    Pot Biz Urges Supreme Court To Take Case Against IRS

    A Colorado-based marijuana company has urged the U.S. Supreme Court to hear its case against the Internal Revenue Service, alleging the agency lacks the authority to investigate criminal activity and saying a circuit split must be resolved on the scope of a law preventing courts from interfering with tax collection efforts.

  • February 16, 2018

    Womble Bond Snags 3 Pepper Hamilton Gov't Contracts Attys

    Womble Bond Dickinson LLP has added three attorneys from Pepper Hamilton LLP who have worked together throughout their careers and have experience in-house at General Dynamics and Micron Technology to its government contracts team.

  • February 16, 2018

    9th Circ. Won't Revive Investor Suit Over Hep B Drug Trials

    A California federal judge was right to dismiss a proposed investor class action accusing Arrowhead Research Corp. of overstating clinical trial results for its hepatitis B medication, as the company didn’t issue false or misleading statements, the Ninth Circuit said Thursday.

  • February 16, 2018

    Taxation With Representation: Kirkland, Davis, Skadden, Weil

    In this week's Taxation With Representation, Wyndham sold its European vacation rental business to Platinum Equity for $1.3 billion, LyondellBasell bought A. Schulman for $2.25 billion, Hoffman-La Roche proposed buying Flatiron Health for $1.9 billion, and Charles River Laboratories acquired MPI Research for $800 million.

  • February 15, 2018

    W.Va. Opioid Suit Against McKesson Sent Back To State Court

    The state of West Virginia on Thursday won its bid to send back to state court a suit accusing pharmaceutical company McKesson Corp. of oversupplying the state with millions of doses of opioids, the latest decision in a string of cases over the opioid crisis.

Expert Analysis

  • Emerging Trends In FCA Enforcement: 2018 Outlook

    Vince Farhat

    Two new policies from the U.S. Department of Justice, along with ongoing developments concerning the elements of scienter and materiality stemming from the landmark U.S. Supreme Court decision in Escobar, have the potential to significantly change the landscape of False Claims Act enforcement in the year ahead, say attorneys with Holland & Knight LLP.

  • 'Throw' Your Mini-Opening To Get The Best Jury Possible

    Christina Marinakis

    In the hopes of piquing the interest of jurors and minimizing hardship requests, more and more judges are encouraging parties to make “mini-openings” prior to voir dire. You can use this as an opportunity to identify your worst jurors and get them removed from the panel — by previewing your case weaknesses and withholding your strengths, says Christina Marinakis of Litigation Insights.

  • D&O Insurance Coverage For Government Investigations

    Caroline Meneau

    Recent insurance decisions underscore the importance of understanding how directors and officers liability insurance applies in government investigations. Patriarch v. AXIS is particularly interesting because the insurer wanted to define "claim" more broadly than the policyholder, say Caroline Meneau and Brian Scarbrough of Jenner & Block LLP.

  • Agency Guidance Limits May Shift Health Care Enforcement

    Michael Lampert

    The U.S. associate attorney general recently issued a memo directing civil litigators in the U.S. Department of Justice to limit their use of governmental agency guidance documents in affirmative civil enforcement matters. Attorneys with Ropes & Gray LLP discuss issues that should be monitored over time in order to understand the memo's ultimate impact on civil health care enforcement matters.

  • The Art Of The Litigation Funding Deal

    Julia Gewolb

    As litigation funding becomes more widespread, greater complexity and variability in funding deals are to be expected. All claimants should consider certain key questions on the economics of single-case funding when considering or comparing funding terms, says Julia Gewolb of Bentham IMF.

  • Power, Corruption And Lies: How Juries Are Responding

    Melissa Gomez

    The American public increasingly perceives that powerful people and institutions use their authority in selfish ways. And in the courtroom, jurors are homing in on where the power lies in a case story, and how that power is used. Those of us in litigation must heed the messages jurors are sending, says Melissa Gomez of MMG Jury Consulting LLC.

  • Smart Contracts Need Smart Corporate Lawyers

    Matthew O’Toole

    Given the operational and security risks involved, and the substantial digital asset values transacted, the rise of distributed ledger technology and smart contracts will create new opportunities and responsibilities for transactional lawyers, say attorneys with Potter Anderson Corroon LLP.

  • Witness Preparation Also Requires Witness Training

    Ric Dexter

    A witness who has been told what to do and what not to do will be ineffective at best. Instead, witnesses must be taught how to handle the process, and how to approach the answer to every question that they encounter. These are new skills, and they must be practiced in order to be learned, says Ric Dexter, an independent litigation consultant.

  • How To Fix Your Broken Client Teams

    Mike O'Horo

    Law firms claim they create client teams to improve service. Clients aren’t fooled, describing these initiatives as “thinly veiled sales campaigns.” Until firms and client teams begin to apply a number of principles consistently, they will continue to fail and further erode clients’ trust, says legal industry coach Mike O’Horo.

  • Omnicare Settlement: Outlier Or Beginning Of Broader Trend?

    Alexander Batoff

    The U.S. Department of Justice’s Immigrant and Employee Rights Section recently finalized a settlement involving an asylum discrimination claim against Omnicare. The case is a good reminder that employers should carefully consider including appropriate defense and indemnification language in contracts with third parties, says Alexander Batoff of Obermayer Rebmann Maxwell & Hippel LLP.