The Federal Circuit on Monday affirmed a Delaware judge's decision that Forest Laboratories’ six patents on the Alzheimer's drug Namenda are invalid as indefinite in a win for Teva Pharmaceuticals USA Inc., which is planning a generic version of the drug.
Walgreen Co., CVS Pharmacy Inc., Rite Aid Corp. and other retailers alleging Medicis Pharmaceutical Corp. paid generic-drug makers to stay out of the market for acne medication Solodyn urged a Massachusetts federal court Monday to reject Medicis' efforts to nix some of their claims.
The wife of a pharmacist convicted of racketeering and fraud related to a deadly 2012 meningitis outbreak has asked a Massachusetts federal court not to make her husband forfeit properties, a trust fund, multiple bank accounts and other assets, arguing they belong to her too.
An Illinois appeals court on Friday tossed a suit accusing Endo Pharmaceuticals and its subsidiary American Medical Systems Inc. of manufacturing faulty pelvic mesh products, finding the suit doesn’t belong in an Illinois court.
The U.S. Supreme Court said Monday it will not hear an appeal from an attorney convicted of fraudulently inflating a medical device company’s stock by drafting press releases about nonexistent purchase orders.
Monsanto Co. and its Pfizer Inc.-owned successor couldn’t have known polychlorinated biphenyls cause cancer in 1969, so they don’t have to face a $28 million lawsuit from a Massachusetts town over PCB contamination, the First Circuit said Friday.
The U.S. Food and Drug Administration on Monday released final guidance laying out its recommendations for how product names are displayed on advertising and promotional labeling for prescription drugs, and proposed to study how consumers and health care providers spot deceptive ads.
A California federal judge on Friday granted class certification to Puma Biotechnologies Inc. investors in a stock drop suit accusing the company of misrepresenting the effectiveness of a breast cancer treatment called neratinib.
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A shadowy investor has been hit with a $38 million default judgment for spearheading a “short and smear” campaign against a bioprinting company after he failed to respond to a suit in Delaware state court.
Trade group Pharmaceutical Research and Manufacturers of America on Friday sued California to block a newly approved drug pricing law, calling it a vast overreach that amounts to a “nationwide ban” on price increases.
Hoffmann-La Roche Ltd. has convinced the New Jersey Supreme Court to review two state appellate decisions related to the company's acne medication Accutane, with the justices agreeing to consider rulings over the adequacy of the drug's label and the admissibility of expert testimony.
A shareholder of drug developer Innoviva Inc. won a battle with the company over the makeup of its board of directors Friday when a Delaware Chancery Court judge determined that a deal among the parties to resolve the investor's proxy fight was valid and should be enforced, requiring two investor nominees to be added to the company's board.
A onetime colleague of former Katten Muchin corporate attorney and fraud defendant Evan Greebel who was retained to handle a U.S. Securities and Exchange Commission investigation into one of Martin Shkreli’s hedge funds told a Brooklyn federal jury on Friday that he never saw Greebel do anything illegal.
Pharmaceutical company Patheon Inc. has urged a New York federal judge to deny softgel maker Procaps SA’s request to vacate part of an arbitration award finding it can't recover $135 million in lost profits damages for a nixed product development agreement, telling the court the agreement doesn’t allow for such damages.
Shares of Denali Therapeutics Inc. soared Friday after the company raised $250 million in an upsized initial public offering that amounted to the largest biotechnology IPO of 2017, leading one of three newly public companies that raised $506 million combined.
Biopharmaceutical firm Gilead Sciences Inc. said Thursday it will acquire private equity-backed biotechnology company Cell Design Labs Inc. for $567 million in a deal that will see Gilead build up its cell therapy capabilities even more.
Three companies are set to raise about $762 million combined from initial public offerings during the week of Dec. 11, led by a commercial real estate broker, private equity-backed cable equipment maker and biotechnology company, a small lineup that marks the start of a year-end slowdown.
The European Commission is wary of Bayer’s blockbuster buyout of Monsanto, Toshiba and Western Digital have come to terms on a settlement that will end their dispute over the planned 2 trillion yen sale of Toshiba Memory Corp., and Elliott Management is pushing for changes at Alexion Pharmaceuticals.
Federal courts across the country are handing down important rulings interpreting the U.S. Supreme Court’s landmark decision on False Claims Act liability in Universal Health Services v. Escobar. As the rulings keep pouring in, stay up to speed on Law360’s latest coverage and analysis of Escobar’s impact.
Catching a witness flat-footed on an important topic is no longer confined to cable news, and corporate legal defenses can likewise die when witnesses profess ignorance on things that jurors believe they should know. However, employing some common sense tools can minimize potential harm, says Matthew Keenan of Shook Hardy Bacon LLP.
Given the potential of certain "anti-generics" strategies to stymie competition, antitrust scrutiny likely will only intensify. The ramifications for pharmaceutical companies, consumers, payors and sovereign entities could be significant as courts consider these burgeoning strategies, say Miriam Vishio and Nicholas Cheolas of Zelle LLP.
Having just completed a six-year term as chair of the U.S. Sentencing Commission, I read Yale Law School professor James Forman's new book, "Locking Up Our Own: Crime and Punishment in Black America," with particular interest, says Judge Patti Saris, chief judge for the U.S. District Court for the District of Massachusetts.
The Federal Circuit's recent decision in Sanofi v. Watson confirmed that the overall content of a generic drug manufacturer’s labeling, as well as real-world evidence of physician practices, inform the induced infringement analysis in Hatch-Waxman cases, say attorneys with Paul Hastings LLP.
When defending claims involving Medicare, it is important to consider whether they may be preempted by state or local laws. An Illinois federal court's recent decision in Mayberry v. Walgreens highlights just how far Medicare preemption can reach, say attorneys with Ropes & Gray LLP.
In Oil States v. Greene’s — set for oral argument on Monday — more than 50 amicus briefs have been filed with the U.S. Supreme Court, representing a substantial share of the U.S. GDP. The issues presented are weighty, including concerns regarding separation of powers and the limits of the administrative state, the impact of inter partes reviews on the patent system, and the application of originalism to 18th century patent practice... (continued)
Last month, the U.S. International Trade Commission declined to institute a Section 337 investigation based on a complaint brought by Amarin Pharma Inc. This decision, departing from the ITC's typical practice, provides insight into the ITC's jurisdiction and deference to sister government agencies, say Matthew Rizzolo and Vladimir Semendyai of Ropes & Gray LLP.
Many directors and officers insurance policies purport to insure the fees and costs companies incur in responding to government investigations. However, a recent Tenth Circuit decision in MusclePharm v. Liberty Insurance Underwriters calls into question the scope of such coverage, say attorneys with Reed Smith LLP.
With suits pending across the country against manufacturers, distributors, pharmacies and others, we are currently in the early stages of the opioid insurance coverage war. Decisions so far primarily address accident and fortuity issues, application of product exclusions and whether claims involve damages "because of" or "for" bodily injury, says Scott Seaman of Hinshaw & Culbertson LLP.
Are the latest books on the judicial system worth reading? Federal judges share their thoughts in this series of book reviews.