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Life Sciences

  • September 19, 2018

    Mass. Doc Dodges Prison After Giving Patient Info To Drug Co.

    A Massachusetts gynecologist will not spend time behind bars for disclosing her patients’ private medical information to a sales representative at Warner Chilcott, then lying about it to federal agents, a federal judge decided Wednesday after prosecutors recommended she spend nearly two years behind bars.

  • September 19, 2018

    Pfizer Unit, Teva Must Face Effexor Antitrust Litigation

    Pfizer Inc. unit Wyeth and Teva Pharmaceuticals have fallen short in their bid to ax a proposed class action from end-payors alleging the companies engaged in a scheme to delay generic competition for antidepressant drug Effexor XR, with a New Jersey federal judge refusing to toss the case in its entirety.

  • September 19, 2018

    SEC Accuses Breast Implant Maker's Ex-CEO Of Stock Fraud

    The U.S. Securities and Exchange Commission on Wednesday hit the founder and former owner of a breast implant manufacturer with a suit alleging he concealed potentially damaging information about the company's devices just days before its $61 million public offering in 2015. 

  • September 19, 2018

    Eli Lilly's Animal Health Unit Elanco Raises $1.5B In IPO

    Eli Lilly & Co. subsidiary Elanco Animal Health Inc. on Wednesday raised $1.5 billion after pricing its initial public offering above range, guided by Weil Gotshal & Manges LLP and Barnes & Thornburg LLP, marking the largest IPO since market activity resumed after Labor Day.

  • September 19, 2018

    No Need To Reconsider Immunity At PTAB, Fed. Circ. Hears

    Mylan Pharmaceuticals Inc. and other generic-drug companies challenging Allergan PLC patents for dry-eye medication Restasis urged the full Federal Circuit on Tuesday not to reconsider an earlier decision that tribal sovereign immunity doesn’t apply in reviews at the Patent Trial and Appeal Board.

  • September 19, 2018

    Deals Rumor Mill: Tencent Music, Linde, Coca-Cola

    Tencent Music wants to raise roughly $2 billion in an initial public offering, Linde AG is selling more assets, and Coca-Cola is pushing forward with its bid to swallow Nigeria’s Chi Ltd.

  • September 19, 2018

    FDA Warning Wire: Beer Brewing At Lab, Mice At Egg Giant

    A laboratory created "unacceptable risks" of contamination by operating a microbrewery in the same space where it tested pharmaceuticals, and a major egg producer recently implicated in a multistate salmonella outbreak was found to have rampant rodent problems, according to newly released U.S. Food and Drug Administration warning letters.

  • September 19, 2018

    Allergan Loses 'Meritless' Bid To Gut Restasis Antitrust MDL

    A New York federal judge has shot down Allergan Inc.’s “meritless” effort to eviscerate multidistrict litigation that alleges antitrust violations aimed at protecting dry-eye drug Restasis, saying it’s plausible that the company acted dishonestly to stymie generic competition.

  • September 19, 2018

    French Medical Device Maker Sued Over Clot Filter Failure

    French surgical implant maker ALN and its American importing affiliate were sued Monday in Florida state court by a patient who says the company made a defective blood clot filter and made misrepresentations and omissions in its marketing of the device.

  • September 19, 2018

    Patents At The High Court: What To Watch In The New Term

    The U.S. Supreme Court has so far agreed to hear one patent case during its new term, while pending petitions raise some intriguing patent issues, including the reach of inequitable conduct and constitutional challenges to the Patent Trial and Appeal Board. Here are some patent cases to keep an eye on during the upcoming term.

  • September 19, 2018

    US Finalizes Hefty Tariffs On Chinese Sodium Compound

    The U.S. Department of Commerce released its final determinations for two sets of tariffs on Chinese sodium compounds used in food additives, pharmaceuticals and cosmetic products, setting steep duty rates on the ingredients after finding they were sold at unfairly low prices in the U.S. market.

  • September 19, 2018

    Novartis Warping Kickback Standard In FCA Case, DOJ Says

    Novartis Pharmaceuticals Corp. has flatly “misstated the law” in its bid to escape a whistleblower’s False Claims Act suit alleging illicit kickbacks aimed at boosting Medicare Part D business, the U.S. Department of Justice told a New Jersey federal court Tuesday.

  • September 18, 2018

    Monsanto Fights To Get $289M Verdict Tossed Or A New Trial

    Bayer AG-acquired Monsanto asked a California court Tuesday to set aside a $289 million jury verdict for a man who said its Roundup weed killer caused his cancer, arguing there wasn’t enough evidence to support his claims and asking the court for a ruling in its favor or a new trial.

  • September 18, 2018

    Merck Workers Defend Class Claims In $250M Sex Bias Suit

    Women who used to work for Merck & Co. Inc. told a New Jersey federal judge on Monday that the company’s attempt to defeat their class claims in a sex bias suit seeking $250 million rested on a “hair-splitting house of cards,” arguing that the initial U.S. Equal Employment Opportunity Commission charge backed their certification motion.

  • September 18, 2018

    Boston Scientific Faces Chancery Suit For Ending $275M Deal

    Medical technology developer Channel Medsystems Inc. sued Boston Scientific late Monday in Delaware's Chancery Court, claiming an unjustified breach of a $275 million agreement to buy Channel and its potential breakthrough device for treating heavy menstrual bleeding.

  • September 18, 2018

    2 Risperdal Cases Greenlighted For Punitive Damages Trials

    A Pennsylvania judge has cleared the way for two boys to seek punitive damages from a Johnson & Johnson unit on their claims that they weren't adequately warned about the risk of breast growth associated with the antipsychotic drug Risperdal.

  • September 18, 2018

    Labaton, Levi Vie For Lead Role In Prothena Stock-Drop Row

    Labaton Sucharow LLP and Levi & Korsinsky LLP threw their hats in the ring to be co-lead counsel in a proposed securities class action alleging Prothena cherry-picked drug trial results and lost investors more than $2 million, according to a Monday filing in New York federal court.

  • September 18, 2018

    AbbVie Kickbacks Tainted $1.3B In Humira Claims, Calif. Says

    AbbVie Inc. generated nearly $1.3 billion in tainted health insurance claims for its blockbuster immunosuppressant Humira by paying kickbacks in the form of cash, alcohol, trips and an elaborate network of “nurse ambassadors,” California regulators said in a complaint filed Tuesday.

  • September 18, 2018

    Ulthera Appeals PTAB Decision Upholding Skin Care Patent

    Medical device company Ulthera Inc. asked the Federal Circuit on Tuesday to rehear its challenge to a DermaFocus LLC patent related to an anti-aging skin care procedure, one day after the Patent Trial and Appeal Board upheld the remaining claims in the patent on remand from that appeals court. 

  • September 18, 2018

    7th Circ. Has Chance To Cut Off 'Mootness Fee' Merger Cases

    Against a backdrop of near-constant shareholder litigation challenging mergers, the Seventh Circuit is the first federal circuit that’s been asked to stop a burgeoning litigation strategy among plaintiffs attorneys that some view as extortion of the merging companies and their shareholders.

Expert Analysis

  • Why State Marijuana-Impaired Driving Laws Need Reform

    Ian Stewart

    Because current state laws relating to marijuana-impaired driving lack an objective impairment standard, only those who clearly demonstrate impaired driving are likely to be prosecuted and convicted, says Ian Stewart of Wilson Elser Moskowitz Edelman & Dicker LLP.

  • When Courts Allow Changes To Hatch-Waxman 30-Month Stay

    Jeffrey Lewis

    Decisions granting extensions of 30-month stays under the Hatch-Waxman Act are infrequent and often not reported. This small body of cases provides helpful benchmarks for parties, say Jeffrey Lewis and Niki Ikahihifo-Bender of Norton Rose Fulbright.

  • Amgen Suit Shows Limitations Of Biosimilar Safe Harbor

    Julia Kolibachuk

    A Delaware federal court's ruling in Amgen v. Hospira last month may indicate a significant narrowing of the patent infringement exception for activities related to obtaining drug approval from the U.S. Food and Drug Administration, say attorneys at Paul Hastings LLP.

  • A Look At OIG's Medicare Exclusion Analysis Under FCA

    David Blank

    A U.S. Department of Health and Human Services administrative law judge recently upheld a ruling from the Office of Inspector General against BestCare and its CEO based on submissions of false claims to Medicare for mileage reimbursement. The decision is notable as it’s the first of its kind since 2011, says David Blank of Quarles & Brady LLP.

  • Q&A

    Back To School: Widener's Rod Smolla Talks Free Speech

    Rodney Smolla

    In this new series featuring law school luminaries, Widener University Delaware Law School dean Rodney Smolla discusses teaching philosophies, his interest in First Amendment law, and arguing before the U.S. Supreme Court in Virginia v. Black.

  • Opinion

    1st Circ. Eye Drop Decision Gets Preemption Right

    James Beck

    A Massachusetts federal court ruled last year in Gustavsen v. Alcon Laboratories that the plaintiffs’ attacks on the size of eye drops were a challenge to the U.S. Food and Drug Administration's approved dose of that product. Last week, the First Circuit affirmed — proving that weak, lawyer-driven litigation can still produce good decisions on preemption, says James Beck of Reed Smith LLP.

  • Treatment Method Patents After Fed. Circ. Vanda Ruling

    Kurt Lockwood

    The Federal Circuit's Vanda v. West-Ward analysis was endorsed in a U.S. Patent and Trademark Office memorandum and should allow for more consistent application of the U.S. Supreme Court’s framework for evaluating method of treatment claims, say Kurt Lockwood and Erin Martell of Kacvinsky Daisak Bluni PLLC.

  • New Pass-Through Deduction Will Pass Over Many Lawyers

    Evan Morgan

    A few weeks ago, the IRS proposed regulations related to the Tax Cuts and Jobs Act's 20 percent deduction on qualified business income for pass-through entities. The guidance offers long-awaited clarity, but is mostly bad news for many law firms, says Evan Morgan of Kaufman Rossin PA.

  • How Reckless Judicial Impeachments Threaten Rule Of Law

    Jan van Zyl Smit

    Judicial impeachment fever seems to be spreading through the states, with West Virginia legislators recently voting to remove their state's entire Supreme Court, and lawmakers in Pennsylvania and North Carolina threatening the same. These actions are a serious threat to judicial independence, says Jan van Zyl Smit of the Bingham Centre for the Rule of Law.

  • Series

    Judging A Book: Fogel Reviews 'Good Judgment'

    Judge Jeremy Fogel

    In this time of partisan conflict over judicial selection, a new book by Canadian jurist Robert J. Sharpe —​ "Good Judgment" — represents a refreshing, deeply thoughtful departure from binary arguments about how and why judges make decisions, says U.S. District Judge Jeremy Fogel, director of the Federal Judicial Center.