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Life Sciences

  • December 11, 2018

    Dental Products Maker Expands IP War Against Rival At ITC

    A California-based dental products maker has added to its expanding intellectual property battle with a Danish rival over patents covering intraoral scanners and related equipment, filing two complaints Tuesday in Delaware federal court and one complaint Monday at the U.S. International Trade Commission.

  • December 11, 2018

    Full Fed. Circ. Urged To Review Venue In Cialis Patent Fight

    Weighing in on venue rules in patent infringement disputes, nonprofit Washington Legal Foundation urged the full Federal Circuit on Monday to rehear arguments by Eli Lilly and Co. that a Cialis dispute resulting in a $20 million verdict against the pharma giant shouldn’t have been litigated in East Texas.

  • December 11, 2018

    Accountant Seeks No Prison Time For $18M Tax Return Fraud

    An accountant found guilty of helping a venture capitalist siphon $18 million from a fund through false tax returns has told a California federal court he should serve no time behind bars despite prosecutors' request for a "significant" prison sentence.

  • December 11, 2018

    ImmunoCellular Investors Seek OK Of $1.1M Stock Hype Deal

    Investors suing ImmunoCellular Therapeutics Ltd. over an alleged illegal stock promotion scheme asked a California federal judge Monday to preliminarily approve a $1.1 million settlement nearly equal to the company's entire market capitalization.

  • December 11, 2018

    Hoffman La-Roche Can't Keep Malaria Drug Suit In Fed. Court

    A California federal judge overseeing allegations that Hoffmann La-Roche Inc.'s anti-malarial drug neurologically harmed a Navy veteran has sent the case back to state court, ruling there wasn't federal diversity jurisdiction because the company's principal place of business is in California, not New Jersey.

  • December 11, 2018

    GNC Investors Can't Revive Securities Suit In 3rd Circ.

    GNC knocked down a proposed securities class action accusing the retailer of misleading investors about nutrition supplements that contained unlawful ingredients after the Third Circuit found Tuesday that the plaintiffs have not sufficiently alleged that company executives were knowingly or recklessly deceptive.

  • December 11, 2018

    3rd Circ. Questions 'Imminent' Shire Antitrust Actions

    The Third Circuit pressed the Federal Trade Commission on Tuesday to show why the court should revive the agency’s antitrust complaint alleging a Shire PLC unit delayed generic competition for a gastrointestinal infection drug through a series of sham regulatory petitions, expressing skepticism that a violation of federal law was “imminent.”

  • December 11, 2018

    Endo Must Face Stock-Drop Claims In Opioid Safety Suit

    Endo International PLC and several of its executives must face an investor suit alleging the company knowingly misrepresented the safety of its Opana opioid, leading to a significant stock drop when the drug was forcibly removed from the market, after a Pennsylvania federal judge said Monday that the shareholders sufficiently pled their claims.

  • December 11, 2018

    Texas Medical Device Co., Atty Settle Suit Over Alleged Scam

    A medical device developer has settled a case accusing a California attorney of scamming it out of $1.76 million by misrepresenting her ability to connect the company with potential clients in Asia and continuously trying to get more money.

  • December 11, 2018

    MVP: Fish & Richardson's Jonathan Singer

    The head of Fish & Richardson PC’s life sciences litigation practice, Jonathan Singer, persuaded a federal judge to overturn a $2.5 billion patent infringement verdict against Gilead Sciences Inc., earning him a spot as one of Law360's 2018 Life Sciences MVPs.

  • December 10, 2018

    Shire Must Cough Up Some Docs In Pay-For-Delay Suit

    Shire LLC will have to turn over documents in an antitrust suit accusing it and Actavis of settling a patent dispute over an ADHD drug on anti-competitive terms, a Massachusetts federal judge ruled Monday.

  • December 10, 2018

    SEC Slams Man’s 'Unfocused' Bid To Nix $11.5M Fraud Suit

    The U.S. Securities and Exchange Commission asked a New York federal judge on Friday to reject a Bronxville businessman’s dismissal bid that levies a “series of unfocused attacks” on the agency’s civil suit alleging that he manipulated a microcap company’s stock in an $11.5 million fraud scheme.

  • December 10, 2018

    Fed. Circ. Upholds PTAB's Axing Of Inventory Tech Patent

    The Federal Circuit on Monday upheld a decision finding an inventory restocking technology patent invalid because it covers only an abstract idea, rejecting arguments the patent wasn’t eligible for the America Invents Act’s covered business method review program.

  • December 10, 2018

    Keryx Investor Sues In Chancery For Akebia Merger Records

    A Keryx Biopharmaceuticals Inc. investor sued Monday in Delaware Chancery Court for access to company records on a pending merger with Akebia Therapeutics Inc., saying the documents are needed to investigate potentially conflicted actions in the run-up to an approval vote Tuesday.

  • December 10, 2018

    FDA Hit With Suit Over Reporting Leeway For Clinical Trials

    A New York University faculty member and a former U.S. Food and Drug Administration official have hit the agency with a suit challenging a rule they said relaxed the reporting requirements for researchers doing certain clinical trials.

  • December 10, 2018

    J&J To Face Bulk Of Buyers' Claims In Remicade Antitrust Suit

    A Pennsylvania federal judge largely refused Friday to toss antitrust claims from buyers of Johnson & Johnson immunosuppressant Remicade, concluding that only sham litigation allegations and some state law consumer protection accusations must go while maintaining most of the suit alleging J&J compelled insurers not to cover competing biosimilars.

  • December 10, 2018

    Olympus Pleads Guilty, Fined $85M In Tainted Scope Suits

    Olympus Corp. and a former executive pled guilty in New Jersey federal court Monday to distributing medical scopes in the United States without disclosing known risks of infection, which will cost the company $85 million in fines and forfeitures, the U.S. Department of Justice announced.

  • December 10, 2018

    Medical Device Exec Beats Charges Of Tipping Orioles Player

    Federal prosecutors have abandoned insider trading and perjury charges against medical device executive James Mazzo after two juries deadlocked on whether he intended to tip longtime Orioles third baseman Doug DeCinces to merger plans.

  • December 10, 2018

    BioChemics Receiver Taps Sunstein, Nields For IP Work

    A receiver appointed to help liquidate the assets of BioChemics Inc. as the government tries to collect on a nearly $18 million securities fraud judgment has tapped two law firms, Sunstein Kann Murphy & Timbers LLP and Nields Lemack & Frame LLC, to maintain the Massachusetts company's intellectual property.

  • December 10, 2018

    Tardy Claim Dooms $100M Biotech IP Suit In Chancery

    A Delaware Chancery Court on Monday tossed a biotech firm’s suit seeking $100 million in losses and triple damages from the German-based parent of Fraunhofer USA Inc. for fraudulent use and theft of its intellectual property, finding that the firm correctly sued the German parent in chancery court but moved too late to protect its claims.

Expert Analysis

  • Société Générale: Sanctions Enforcement Is Alive And Well

    Ama Adams

    The recent settlement between Société Générale and U.S. regulators illustrates that U.S. sanctions enforcement authorities may be shifting their attention back to large financial institutions after several years of relatively quiet enforcement across the financial services industry, say attorneys with Ropes & Gray LLP.

  • What High Court Will Consider In Helsinn On-Sale Bar Case

    David Bassett

    In Helsinn v. Teva, the U.S. Supreme Court will resolve whether nonpublic sales or offers to sell still qualify as prior art under the post-America Invents Act on-sale bar. Ahead of Tuesday's oral argument, David Bassett and Christine Duh of WilmerHale examine the briefing from both sides.

  • New CMS Rules Reinforce Trend Away From Traditional Care

    Michael Lampert

    Two new rules from the Centers for Medicare & Medicaid Services bring changes that collectively reflect movement toward promoting site neutrality and opening all telehealth services to Medicare reimbursement, say attorneys at Ropes & Gray LLP.

  • In Hip Implant MDL, Preemption Cuts Across State Lines

    Michelle Hart Yeary

    Plaintiffs in the Smith & Nephew Birmingham Hip Resurfacing multidistrict litigation were subject to different states' statutes of limitations. But whether you bleed Michigan blue or you live where a grizzly bear is your only neighbor, preemption unites us all, says Michelle Hart Yeary of Dechert LLP.

  • HHS OIG Opinion Raises Questions On Free Drug Offers

    Jeffrey Mittleman

    A recent advisory opinion from the Office of the Inspector General for the U.S. Department of Health and Human Services — responding to a proposal to provide hospitals with a free specialty drug — took a striking deviation from the traditional advisory opinion process, say Jeffrey Mittleman and Andrew Namkung of Holland & Knight LLP.

  • Jurors Should Ask More Questions During Trials

    Matthew Wright

    Permitting jurors to submit written questions, or even to pose questions orally to witnesses on the stand, advances several important goals and promotes both fairness and efficiency, says Matthew Wright of McCarter & English LLP.

  • The Narrow Meaning Of Asacol Class Action Ruling

    Fred Isquith

    Following the First Circuit's decision last month in the Asacol antitrust litigation, some predicted the end of the Rule 23 class action process. While there is much of interest in the opinion, early comments overstated the court’s concerns and views, says Fred Isquith of Wolf Haldenstein Adler Freeman & Herz LLP.

  • Calif. Ruling Dings Engagement Letter Arbitration Clauses

    Sharon Ben-Shahar Mayer

    The California Supreme Court's recent decision in Sheppard Mullin v. J-M Manufacturing has cast doubt on arbitration clauses in attorney engagement agreements, jeopardizing the efficient resolution of malpractice claims and fee disputes, say Sharon Ben-Shahar Mayer and Mark Drooks of Bird Marella Boxer Wolpert Nessim Drooks Lincenberg & Rhow PC.

  • 10 Things We Wish We Were Told When Going In-House

    Dana Lee

    Attorneys at Albert Einstein College of Medicine, Perkins Coie LLP and the Healthcare Association of New York State reflect on lessons they learned the hard way when transitioning to in-house counsel positions.

  • California Tax Takes: Tax Ballot Initiative Constitutionality

    Shail Shah

    In this edition of California Tax Takes, attorneys from Reed Smith LLP analyze special ballot initiatives like Proposition C in light of California's Constitution as recently examined in the California Cannabis Coalition v. City of Upland case.