Life Sciences

  • December 7, 2017

    Contractor Sues For $21M Over Bio Warfare Facility Work

    An electrical contractor sued a slew of construction and insurance companies in Maryland federal court Wednesday, demanding $21 million for the contractor's extra work on a biological warfare research facility and alleging the project was mismanaged and inefficient even before a fire destroyed half the building.

  • December 7, 2017

    FDA Unveils New Policies On Digital Health Oversight

    The U.S. Food and Drug Administration on Thursday unveiled new oversight policies for digital health products, including increasingly popular software used to assist doctors in making treatment decisions.

  • December 7, 2017

    Amgen Urges Full Fed. Circ. Hearing On Repatha Patents

    Drugmaker Amgen asked the Federal Circuit on Wednesday for an en banc rehearing of a decision that revived a challenge to its patents for Repatha, an antibody-based cholesterol treatment, saying a panel abandoned precedent by rejecting a previously used test for patentability of such drugs and finding admissible evidence that post-dates the challenged patents.

  • December 7, 2017

    Feds Blast Ex-Pharmacist's Acquittal Bid In Meningitis Row

    The government urged a Massachusetts federal court Wednesday to not acquit a pharmacist convicted of 77 counts including racketeering and mail fraud for manufacturing deadly drugs in the 2012 fungal meningitis outbreak, saying the arguments presented to support acquittal have been rejected by the court or rely on facts dismissed by the jury.

  • December 7, 2017

    Ex-Katten Atty Was Corporate Ace At Firm, Jury Hears

    A former Katten Muchin lawyer and mentor to ex-Katten partner and accused fraudster Evan Greebel on Thursday told a Brooklyn federal jury in the fraud trial of how Greebel was a rainmaker in the firm’s corporate department with multiple big league clients, as the defense sought to blunt the government's theory of motive. 

  • December 7, 2017

    Puma Exec's Brother Traded On Cancer Drug Info, SEC Says

    The U.S. Securities and Exchange Commission on Wednesday filed a suit in Florida federal court accusing the brother of a Puma Biotechnology Inc. executive of reaping $107,000 in illegal profits through insider trading based on conversations between the two related to the development of a cancer drug.

  • December 7, 2017

    Covington Lures Back FDA Drug Quality Leader

    Covington & Burling LLP has lured back a former associate after an eight-year stint at the U.S. Food and Drug Administration, giving the firm insider perspective on the agency’s fast-evolving approach to drug safety.

  • December 7, 2017

    4th Circ. Frees Pfizer From Antitrust Suit Over Celebrex Patent

    The Fourth Circuit on Thursday granted an unopposed motion to dismiss an antitrust suit brought against Pfizer Inc. by a putative class of health benefits plans that alleged the company used anti-competitive practices to get a patent for the inflammation medication Celebrex.

  • December 7, 2017

    9th Circ. Vacates Drug Liability MDL Ruling Favoring Merck

    A Ninth Circuit panel on Wednesday vacated a win for Merck Sharp & Dohme Corp. and other drugmakers in a suit claiming that they failed to warn consumers about pancreas problems from Type 2 diabetes drugs, sending the class action back to the district court that the panel said erroneously interpreted a U.S. Supreme Court ruling.

  • December 7, 2017

    2 Biotech Cos., Payday Lender Tap IPO Market For $307M

    Two venture-backed biotechnology firms and a private-equity backed payday lender raised a combined $307 million from initial public offerings — pricing at the middle or bottom of their respective ranges — while another life science company upsized its planned IPO on Thursday.

  • December 7, 2017

    Lab CEO Can't Be Named In FCA Retaliation Suit, Court Says

    An executive from a Virginia medical laboratory can’t sue his boss for retaliation that allegedly occurred after he aided the government in a $3.2 million False Claims Act suit, as whistleblowers can't sue individuals for retaliation, a New York federal judge said on Wednesday.

  • December 7, 2017

    Israel Chemicals Snags Roughly $1B In Sale To PE Firm

    Israel Chemicals Ltd. has agreed to sell its fire safety and oil additives businesses to health care and specialty chemicals-focused private equity firm SK Capital Partners in a deal worth about $1 billion, according to a Thursday statement from the Tel Aviv-based specialty minerals company.

  • December 7, 2017

    Attys Get $4.5M Of $22M Aegerion Drug Marketing Settlement

    A Massachusetts federal judge on Wednesday awarded $4.45 million in fees to attorneys who secured a $22.25 million settlement to end an investor class action accusing Aegerion Pharmaceuticals Inc. of hiding from shareholders the off-label marketing of the cholesterol drug Juxtapid.

  • December 7, 2017

    The Biggest Patent Cases Of 2017

    The U.S. Supreme Court and the Federal Circuit had a busy year of reshaping patent law in 2017, issuing decisions that made major alterations to venue rules, patent exhaustion and amendments in inter partes reviews. Here’s a look back at the year’s most consequential rulings.

  • December 6, 2017

    Prosecution In Greebel Case Rests After Hearing Last Witness

    The prosecution rested Wednesday in the fraud trial against a former Katten Muchin Rosenman LLP partner who worked with Martin Shkreli, and the defense made an immediate motion for acquittal, launching a two-hour argument that ran straight through lunchtime.

  • December 6, 2017

    9th Circ. Affirms Doc’s Rx Conviction But Nixes Sentence

    The Ninth Circuit on Wednesday affirmed the criminal conviction of a doctor known as the “candyman” who wrote 50,000 prescriptions for patients who received five million opiate pills, but vacated his 27-year prison sentence due to a possible erroneous calculation of the sentencing guidelines. 

  • December 6, 2017

    JPML Sends Opioid MDL To Northern Ohio

    The wave of lawsuits filed by local governments in the wake of the opioid addiction crisis will be centralized in the Northern District of Ohio, the Judicial Panel on Multidistrict Litigation said Tuesday.

  • December 6, 2017

    Allergan Says Shire Suit Upends 'Very Fabric' Of Antitrust Law

    Shire’s recent claims that Allergan Inc. improperly discounted various drugs in an attempt to keep Medicare Part D beneficiaries from using Shire’s competing treatment for dry eyes “runs counter to the very fabric” of antitrust law, Allergan told a New Jersey federal court on Tuesday.

  • December 6, 2017

    Tribe Hits Pharma Cos. Over Opioid Crisis

    The St. Croix Chippewa Indians of Wisconsin accused a host of companies in a federal lawsuit on Wednesday of purposefully minimizing, concealing or misrepresenting a nationwide epidemic of prescription opioid abuse.

  • December 6, 2017

    Insurer Can't Recoup $9M Payout For Drug Theft: 3rd Circ.

    The Third Circuit on Wednesday refused to revive AXA Corporate Solutions Assurance's bid to recover its payout for the theft of a nearly $9 million pharmaceutical shipment from Sanofi-Aventis to McKesson Corp. that it insured, agreeing with a lower court that the carriers can't be held liable under a federal shipping law.

Expert Analysis

  • Don't Waste This Planning Cycle: Year-End Strategies

    Hugh A. Simons

    Law firms are businesses where partners operate with significant autonomy. To see their priorities translate into individual partner action, firm leaders should use a few collaborative strategies, suggests Hugh A. Simons, former senior partner of The Boston Consulting Group and former COO of Ropes & Gray LLP.

  • Opinion

    Criticism Of FDA Citizen Petitions Is Often Misguided

    Scott Lassman

    In recent years, the U.S. Food and Drug Administration's citizen petition process has been attacked by critics for inappropriately delaying FDA approval of competing drug products. Though the process is not perfect, any assessment of the need for improvement should be based upon a clear understanding of the law and how it has actually operated over the last several years, says Scott Lassman of Goodwin Procter LLP.

  • Hatch-Waxman And Copying: An Exception To The Exception?

    Jonathan Bachand

    The Federal Circuit's recent decision in Merck Sharp & Dohme v. Hospira could be read to conflict with the court’s own precedent regarding the relevance of copying in abbreviated new drug application cases, say Jonathan Bachand and Ashley Morales of Knobbe Martens.

  • From Snaps To Tweets: The Craft Of Social Media Discovery

    Matthew Hamilton

    Courts have consistently held that social media accounts are subject to established discovery principles but are reluctant to allow parties to rummage through private social media accounts. Recent case law confirms that narrowly tailored information requests get the best results, say Matthew Hamilton, Donna Fisher and Jessica Bae of Pepper Hamilton LLP.

  • A Post-Lexmark Plan For Multiple Inventive Methods Of Use

    Jorge Goldstein

    Following the U.S. Supreme Court's decision this year in Impression Products v. Lexmark, companies — particularly pharmaceutical companies — should look to obtain multiple distinct patents with method-of-use claims in order to insulate at least part of their patent portfolios from the defense of patent exhaustion, say Jorge Goldstein and Neil Shull of Sterne Kessler Goldstein & Fox PLLC.

  • Consultant Contracts Can Create California Connection

    Anne Gruner

    A California court recently held that it has specific personal jurisdiction over nonresident defendants for nonresident plaintiffs’ claims, because the defendants had contracts with two California consultants on the design of the hip implant at issue. This case could lead to more plaintiffs using consulting contracts to subject defendants to suit in particular jurisdictions, says Anne Gruner of Duane Morris LLP.

  • Illinois Biometrics Privacy Suits Bring Insurance Questions

    Jonathan Schwartz

    In the past two years, we witnessed a wave of putative class actions filed under Illinois’ Biometric Information Privacy Act, with the rate of filings increasing exponentially in recent months. Insurers should take note of their potential coverage obligations under various policies, say Jonathan Schwartz and Colin Willmott of Goldberg Segalla LLP.

  • An Interview With Former DHS Secretary Jeh Johnson

    Randy Maniloff

    Jeh Johnson, the former secretary of homeland security, was kind enough to let me visit him to reflect on his diverse career. He told stories that left me speechless. And yes, the man who was responsible for the Transportation Security Administration removed his shoes when going through airport security. You bet I asked, says Randy Maniloff of White and Williams LLP.

  • Hurdles To Consider When Securing A Personnel File

    Michael Errera

    Attorneys should follow seven key points to ensure that their discovery requests and pleadings are appropriately prepared to overcome common hurdles that may be encountered when requesting production of a personnel file, say Michael Errera and Paul Ferland of Foran Glennon Palandech Ponzi & Rudloff PC.

  • Calif.'s New Focus On Drug Pricing Transparency

    John Chelsey

    California Gov. Jerry Brown recently signed SB-17, a law intended to foster transparency in connection with drug pricing and its impact on insurance costs. The law imposes significant new reporting requirements on many drug manufacturers, pharmacy benefit managers, and health care service plans and health insurers operating in California, say attorneys with Ropes & Gray LLP.