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Life Sciences

  • June 12, 2018

    Humana Ordered To Turn Over Docs In EpiPen Antitrust MDL

    A Kansas federal judge on Monday ordered Humana Inc. to hand over within three weeks documents related to a multidistrict litigation accusing drugmaker Mylan NV of antitrust violations related to a surge in the price of its allergy treatment device, the EpiPen.

  • June 12, 2018

    Consultant In SEC's Illicit Stock Sale Suit Nabs Early Deal

    A media advertising consultant in California will disgorge several thousand dollars to shake the U.S. Securities and Exchange Commission's suit alleging he funneled proceeds from the sale of unregistered securities to insiders at a company that manufactures hemp health products, according to a consent judgment filed Tuesday in federal court.

  • June 12, 2018

    House Passes Policy Tweaks Targeting Opioid Abuse

    The U.S. House of Representatives passed two dozen bills aimed at combating the opioid epidemic Tuesday, ranging from giving pharmacists more authority to refuse prescriptions to giving the National Institutes of Health more leeway in testing non-opioid pain treatments.

  • June 12, 2018

    Drugmakers Denied Patient Info In Opioid MDL Bellwethers

    A special master in multidistrict litigation over the opioid crisis on Monday shot down “clearly overbroad” drugmaker requests for detailed medical information about patients, while also warning plaintiffs attorneys that not producing the information could jeopardize their bellwether cases.

  • June 12, 2018

    LabCorp Didn't Make 'Whistleblower' Break Law: Calif. Panel

    A California state appeals court on Monday declined to revive a purported whistleblower suit alleging LabCorp had pressured a genetic counselor to alter a patient’s medical records and then fired her, saying there was nothing medical about the records or illegal about the changes the counselor was asked to make. 

  • June 12, 2018

    Antitrust Chief Defends Sticking To Consumer Welfare Focus

    Shortly before a D.C. federal judge cleared AT&T’s $85 billion merger with Time Warner, the U.S. Department of Justice’s top antitrust official on Tuesday said in Washington, D.C., that consumer welfare will continue to be the cornerstone of DOJ antitrust enforcement, rejecting calls to expand the Antitrust Division’s goals to include concerns over democratic market structures or other social benefits.

  • June 12, 2018

    Allergan's Fat-Freezing Unit Freed From False Ad Claims

    A California federal judge let an Allergan PLC unit off the hook for proposed class action claims that it deceived customers with marketing materials that classified its “CoolSculpting” fat-freezing system as having been “cleared,” but not “approved” by the U.S. Food and Drug Administration.

  • June 12, 2018

    Pharma CEO Cops To $2M Drug Investment Fraud

    An Illinois man accused of pocketing about $2 million from investors in his Wisconsin pharmaceutical company by lying about his work surrounding an experimental drug pled guilty to a single count of wire fraud Tuesday.

  • June 12, 2018

    FDA Unveils Guidance On Sharing Info On Unapproved Uses

    The U.S. Food and Drug Administration on Tuesday unveiled final guidance outlining its recommendations on how companies can share information with insurers about drugs and medical devices that’s not included in the labels, as well as information for uses that haven't yet been approved.

  • June 12, 2018

    Pet Pharma Co. Sidesteps Investor Suit Over Dog Drug Delays

    A veterinary pharmaceutical company likely didn't mislead investors about the timeline for bringing an appetite stimulant for dogs to market, a New York federal judge said in dismissing a proposed securities class action alleging that a delay in the drug's availability caused the company's stock to nosedive.

  • June 12, 2018

    Zimmer NexGen MDL Nears Finish With Confidential Deal

    Counsel for a group of consumers who claim Zimmer Inc.’s NexGen knee implants failed as a result of flawed design told the Illinois federal judge overseeing their multidistrict litigation Tuesday that they have agreed on terms for a final confidential settlement.

  • June 12, 2018

    Attys Want $47M From $166M Lidoderm Pay-For-Delay Deal

    Attorneys for the direct purchasers of the Lidoderm pain patch urged a California federal judge to approve more than $47 million in attorneys' fees and reimbursements out of a $166 million settlement with pharmaceutical companies Teikoku, Endo and Actavis.

  • June 12, 2018

    Wilson Sonsini Nabs Squire Patton Tech, Life Sci Pro In LA

    Wilson Sonsini Goodrich & Rosati PC has scored a corporate attorney in Los Angeles from Squire Patton Boggs LLP with significant experience representing technology, life sciences and other growth companies in the United States and internationally, the firm announced Monday.

  • June 12, 2018

    Ex-Insys Execs Can't Get More Info On Charges, Feds Say

    Federal prosecutors late Monday blasted an attempt by former executives at Insys Therapeutics Inc. to get more details about charges that they bribed doctors to boost sales of their fentanyl spray, saying the executives have more than enough information from the complaint and discovery.

  • June 12, 2018

    Alta Partners Rakes In $130M For Health Care-Focused Fund

    Alta Partners, a private and venture capital investment firm focused on health care, has clinched its latest fund after raising $130 million from investors, with plans to focus on businesses that are developing biotherapeutics and technology enabled health care services, the firm has announced.

  • June 11, 2018

    PTAB Invalidates Most Of Pfizer Pneumonia Vaccine Patent

    Following a challenge from Merck Sharp & Dohme Corp., the Patent Trial and Appeal Board said Friday that all but one claim in a patent related to Pfizer Inc.’s top-selling Prevnar 13 pneumonia vaccine were unpatentable as obvious under prior patents.

  • June 11, 2018

    Fed. Circ. Denies Atty Fees In Kidney Device Patent Case

    The Federal Circuit on Monday rejected Cook Medical's bid for attorneys' fees from a company that dismissed a patent suit against it over a kidney stone extraction device, in part because Cook did not say until after the litigation ended that it thought the case was unreasonable.

  • June 11, 2018

    Drug Cos. Unleash Opioid MDL Counterattacks

    Drug manufacturers, distributors and pharmacies are launching counterattacks in multidistrict litigation over the devastating opioid crisis, according to newly filed documents that contain aggressive and wide-ranging assaults on bellwether suits in the historic MDL. Here, Law360 summarizes test cases filed by local governments and the drug companies’ attacks on them.

  • June 11, 2018

    Justices Won't Hear Cleveland Clinic Patent Eligibility Case

    The U.S. Supreme Court said Monday it would not hear a case the Cleveland Clinic Foundation filed over patents for cardiovascular disease tests, leaving in place a ruling that found the patents were invalid because they only claim laws of nature.

  • June 11, 2018

    Deals Rumor Mill: TPG, Stryker, Fortum

    TPG reportedly wants $1.5 billion for a fund aimed at betting on technology companies putting off going public, Stryker Corp. offered to take over Boston Scientific, and the European Commision is set to approve Fortum’s bid to buy a 46.65 percent stake in Uniper

Expert Analysis

  • Opinion

    Self-Policing Animal Research: Another Bad Idea From USDA

    Delcianna Winders

    When Congress passed the Animal Welfare Act in 1966, it stressed the law was needed because of “the shocking failure of self-policing” by the animal experimentation industry. Yet now, the U.S. Department of Agriculture is considering a return to self-policing — an exceedingly bad idea, says Delcianna Winders, visiting scholar at the Elisabeth Haub School of Law at Pace University.

  • A Wish For Nonexistent Cheap Drugs Is Not Standing To Sue

    Nicholas Landau

    The releases of highly effective, highly priced drugs to treat chronic diseases has bred a spate of efforts by activists to disenfranchise drug developers of their patent rights. The Federal Circuit's decision this month in AIDS Healthcare Foundation v. Gilead demonstrates how choosing the wrong venue for your patent challenge can doom it before it even starts, says Nicholas Landau of Bradley Arant Boult Cummings LLP.

  • Keys To Protecting Communications With Litigation Funders

    Alan Guy

    As different jurisdictions impose their own disclosure requirements regarding commercial litigation finance, there can be no “one size fits all” approach to ensuring confidentiality. But litigants, lawyers and litigation funders may be able to decrease disclosure risks through a handful of best practices, says Alan Guy of Vannin Capital.

  • Trade Rep Hints At More CFIUS Scrutiny Of Biotech Deals

    Stephen Mahinka

    The Section 301 report issued in March by the United States Trade Representative highlighted foreign acquisitions and investments in the U.S. biotechnology industry. Counsel on both sides of a transaction in this sector should consider carefully whether involvement by foreign entities, especially from China, should be filed for review by CFIUS before closing, say Stephen Mahinka and Carl Valenstein of Morgan Lewis & Bockius LLP.

  • Lessons From FDA Draft Guidance On Multifunctional Devices

    Gregory Levine

    Draft guidance​ issued last month​ provides insight into how the ​U.S. Food and Drug Administration conceives of its authority to regulate multiple function devices consistent with the 21st Century Cures Act. Companies should consider how to operationalize the FDA's approach when developing such devices, say Gregory Levine and Abram Barth of Ropes & Gray LLP.

  • CPSC Steps Up Action On Safe Product Packaging Standards

    Amy Rubenstein

    For the first time, the U.S. Consumer Product Safety Commission has imposed a civil penalty against a company for violations of Poison Prevention Packaging Act standards — despite no evidence of consumer injury. Prudent pharmaceutical and household product manufacturers may want to review their packaging compliance programs and reporting, to avoid penalties, litigation and recalls, say Amy Rubenstein and Jamie Davis of DLA Piper.

  • Introducing The Legal Industry To Millennial Business Owners

    Yaima Seigley

    ​The current business climate has produced vast opportunities for seasoned lawyers to create valuable connections with millennial business owners, but first lawyers must cleanse their palate of misconceptions regarding millennials, says Yaima Seigley of Isaac Wiles Burkholder & Teetor LLC.

  • Praxair And The Printed Matter Doctrine

    Paul Zagar

    The Federal Circuit's May 16 decision in Praxair v. Mallinckrodt calls attention to the printed matter doctrine as an additional means for attacking diagnostic method and personalized medicine claims, already under siege from Section 101 subject matter eligibility challenges, says Paul Zagar of Leason Ellis LLP.

  • Advertiser Self-Regulation And Class Actions: Part 3

    John Villafranco

    Companies take part in National Advertising Division proceedings as a form of industry self-regulation — and as an alternative to potentially costly litigation. Analysis of which plaintiffs firms are filing lawsuits after NAD rulings, and whether NAD decisions have any impact on federal courts, supports the conclusion that NAD participation has little correlation with consumer class actions, say attorneys with Kelley Drye & Warren LLP.

  • Highlights Of Proposed Medicare Payment And Policy Rules

    Kathleen Rubinstein

    The Centers for Medicare & Medicaid Services recently released a deluge of proposed Medicare payment updates and policy changes for hospitals and post-acute providers. Key themes emerging from the proposal include encouraging price transparency, promoting exchange of health care data and easing the regulatory burden on providers, say attorneys with Morgan Lewis & Bockius LLP.