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Life Sciences

  • December 6, 2018

    Sherman Act Cut From Clot Drug Suit, State Claims Survive

    A Tennessee federal judge has freed Momenta Pharmaceuticals Inc. and Sandoz Inc. from Sherman Act allegations that they conspired to monopolize the market for the blood clot drug Lovenox and its generic version, but kept related state claims alive.

  • December 6, 2018

    Genocea Beats Investor Claims It Hid Truth About Herpes Drug

    A Massachusetts federal judge dismissed a proposed investor class action Thursday against Genocea Biosciences Inc., saying accusations that the company hid negative test results before announcing it could not finance ongoing trials for a genital herpes immunotherapy were not sufficiently supported for the case to proceed.

  • December 6, 2018

    Dallas Paper Asks State Justices To Toss Defamation Claim

    The Dallas Morning News asked the Texas Supreme Court on Thursday to dismiss a Fort Worth pharmacist's defamation claim, arguing that he couldn't prove that the newspaper's reporting that his business was under federal investigation was substantially false.

  • December 6, 2018

    Feds Blocked Again From Deposing Israelis In $163M Tax Row

    The government cannot depose two Israeli executives about their company's business with U.S. drugmaker Perrigo in a $163.5 million tax dispute, with a Michigan federal court again ruling Thursday it would be too expensive.

  • December 6, 2018

    Mass. Priest Can't Escape SEC's Short-Selling Suit

    A Greek Orthodox priest who is also a hedge fund manager lost his bid to duck a U.S. Securities and Exchange Commission short-selling suit after a Massachusetts federal judge said from the bench Thursday that she will keep at least one of the counts against him alive.

  • December 6, 2018

    Gov't Presses Judge To Force Insys Founder To Produce Docs

    Prosecutors tried to persuade a Massachusetts federal judge to force the billionaire founder of Insys Therapeutics Inc. to hand over documents they say relate to their attempts to prove a conspiracy to bribe doctors, warning that failure to do so would back defendants’ efforts to shield discovery during a hearing Thursday afternoon.

  • December 6, 2018

    Amgen Settles 12th Sensipar Patent Fight

    Emcure Pharmaceuticals Ltd. and its subsidiary Heritage Pharmaceuticals Inc. have agreed to hold off on a generic version of Amgen Inc.’s blockbuster calcium reducer Sensipar, which is at least the 12th such deal to be announced in Delaware federal court.

  • December 6, 2018

    Fed. Circ. Questions Allergan On Water's Role In Colitis Patent

    The Federal Circuit on Thursday seemed wary of Allergan's claim that Teva Pharmaceuticals USA Inc. stepped on a patent for the ulcerative colitis drug Delzicol by making a generic in a gel capsule just like the branded medication.

  • December 6, 2018

    'Opioid Babies' Denied MDL Separate From Ohio Gov't Suits

    The U.S. Judicial Panel on Multidistrict Litigation on Thursday denied a request from plaintiffs representing "opioid babies" — infants of mothers who were addicted to prescription drugs — to separate their suits into a distinct multidistrict litigation, ruling that their unique damages don’t outweigh the inconvenience caused by such a separation.

  • December 6, 2018

    Fed. Circ. Asks Whether Endo's Opioid Patent Was Obvious

    Actavis LLC and Endo Pharmaceuticals Inc. faced questions from a Federal Circuit panel on Thursday regarding whether someone of ordinary skill could successfully develop Endo’s opioid painkiller Opana ER, amid Actavis’ appeal of a ruling that Endo’s Opana patent is valid.

  • December 6, 2018

    Actelion To Pay $360M To Resolve Copay Kickback Claims

    Swiss pharmaceutical giant Actelion will pay the government $360 million to settle charges it gave money to a copay assistance program to help Medicare patients buy its pulmonary arterial hypertension drugs, payments that amounted to an illegal kickback scheme, the U.S. Department of Justice announced Thursday.

  • December 6, 2018

    Data-Driven Lawyer: Ogletree's Evan Moses

    Ogletree's Evan Moses uses unconventional strategies to boost the firepower of his class action practice, including a homegrown Monte Carlo algorithm, earning him a spot on our 2018 list of Data-Driven Lawyers.

  • December 5, 2018

    Sens. Set Meeting To Talk Revamp Of Patent Eligibility Law

    Two U.S. senators have invited dozens of major companies, industry groups and prominent intellectual property experts to a closed-door meeting next week to discuss possible legislation to rewrite the law governing patent eligibility.

  • December 5, 2018

    Shire, Takeda Shareholders Give All Clear To £46B Deal

    Shareholders in Takeda Pharmaceuticals on Wednesday gave their seal of approval to the proposed £46 billion ($59 billion) acquisition of Shire PLC, paving the way for the deal’s completion after investors in the Dublin-based pharmaceutical giant also voted in favor of the tie-up.

  • December 5, 2018

    Texas Says Opioid MDL Won't Let It Stop Deceptive Marketing

    Texas has asked the state's multidistrict litigation panel to reconsider consolidating its lawsuit with others against Purdue Pharma LP over opioid abuse, arguing the company has been able to use the MDL process to avoid Texas' attempt to bar it from alleged ongoing deceptive marketing.

  • December 5, 2018

    Consumer Class Certified In Contact Lens Price-Fix Row

    A Florida federal judge has certified a class of consumers accusing contact lens makers of fixing prices, saying so many people share complaints against the manufacturers that a single case works far more efficiently than thousands of individual suits.

  • December 5, 2018

    Doctors Without Borders Seeks To Undo Gilead Hep C Patent

    Doctors Without Borders and five organizations have appealed the European Patent Office’s decision upholding Gilead Sciences Inc.’s patent for the hepatitis C drug sofosbuvir, the international nonprofit announced on Wednesday.

  • December 5, 2018

    Fresenius Hits Akorn 'Disaster' In $4B Del. Merger Appeal

    Fresenius Kabi AG branded estranged merger partner Akorn Inc. “a disaster” Wednesday during a Delaware Supreme Court defense of an unprecedented Chancery Court ruling upholding termination of their $4.3 billion merger based on Akorn's alleged regulatory violations and poor performance post-signing.

  • December 5, 2018

    Kirkland Taps Allen & Overy Atty To Lead New IP Group In UK

    The former global head of intellectual property at Allen & Overy LLP has been tapped to head the new intellectual property litigation team at Kirkland & Ellis LLP’s London office, Kirkland said.

  • December 5, 2018

    Medtronic To Pay Over $50M To Settle Medical Device Claims

    The world's largest medical device maker, Medtronic PLC, will pay $50.9 million to settle kickbacks and other claims against two companies it owns, including nearly $18 million related to the allegedly reckless marketing of a product designed to treat brain defects, according to the U.S. Department of Justice and a statement from the company.

Expert Analysis

  • FDA Streamlines 510(k) Process, As Courts Reconsider It

    Caitlin McHugh

    The U.S. Food and Drug Administration is expediting the Section 510(k) approval process for Class II medical devices, while courts are accepting the argument that 510(k) approval signifies safety and effectiveness — with implications for punitive damages awards, say Caitlin McHugh and Matthew Smith of Drinker Biddle & Reath LLP.

  • When A Patent Disclosure Is Not A Disclosure

    Martin Pavane

    ​The Federal Circuit has explained that patent descriptions do not require any particular form of disclosure.​ ​However, the court's recent decision in ​FWP IP v. Biogen point​s​ to a heightened scrutiny of descriptions when an applicant amends or adds new claims to cover a competitor’s activities, say Martin Pavane and Darren Mogil of Cozen O’Connor.

  • Simple Secrets For Improving Your CLE

    Daniel Karon

    With few cases going to trial, many attorneys keep their oral-presentation skills sharp by teaching continuing legal education programs. To avoid giving a CLE that falls flat and damages your reputation, you must fashion a thoughtful message, control its presentation, and nail the beginning and ending, says Daniel Karon of Karon LLC.

  • It’s Time For Law Firms To Start Talking About Gen Z

    Eliza Stoker

    Since the oldest members of Generation Z aren’t even finished with law school yet, law firm management is in a unique position to prepare for their entrance into the legal workforce, says Eliza Stoker of Major Lindsey & Africa.

  • Should Juries Try To Predict FDA Drug Labeling Decisions?

    Alan Klein

    The U.S. Supreme Court's review of Merck v. Albrecht promises to shape the way decisions of regulatory agencies — such as the U.S. Food and Drug Administration’s rejection of a drug manufacturer’s proposed label warning — can be interpreted by juries, say Alan Klein and Matthew Decker at Duane Morris LLP.

  • A Post-Election Survey Of The Health Care Ecosystem

    Andrew Bab

    Health care featured prominently in the 2018 midterm election campaign. Here, attorneys with Debevoise & Plimpton LLP offer thoughts on what the election results and a divided Congress mean for different sectors of the health care industry.

  • Pharmaceutical Warnings: A Changing Landscape

    Chris Essig

    Pharmaceutical warnings and the way they are regulated and litigated are evolving. Brand-name manufacturers face failure-to-warn suits for generic versions of their products, while generic companies may soon have to update warnings on drugs for which there are no longer brand-name versions, say Chris Essig and Schuyler Ferguson of Winston & Strawn LLP.

  • What To Expect From New Democratic Investigation Efforts

    Reginald Brown

    The new Democratic House majority is expected to direct much of its attention to executive branch oversight and accountability. Companies and their legal counsel should be prepared for a dramatically changed collateral environment as investigations cover a wide range of topics, say attorneys at WilmerHale.

  • Q&A

    Back To School: Yale's Linda Greenhouse Talks Journalism

    Linda Greenhouse

    In this series featuring law school luminaries, Yale Law School lecturer and Pulitzer Prize-winning reporter Linda Greenhouse discusses her coverage of the U.S. Supreme Court, the conservatives' long game and trends in journalism.

  • Opinion

    Celebrate Veterans By Improving Their Access To Justice

    Linda Klein

    Attorneys should think beyond the Veterans Day parades and use their time and talents to help the many veterans facing urgent legal issues, says Linda Klein of Baker Donelson Bearman Caldwell & Berkowitz PC.