Life Sciences

  • March 9, 2018

    Texas Pharma Delivery Co. Wins $24M In Tech Battle

    A Texas federal judge on Thursday awarded $24 million to a pharmaceutical service company that accused nursing home industry businesses of using its confidential information to set up a competitor, but affirmed a jury’s finding there had been no patent infringement.

  • March 9, 2018

    GlaxoSmithKline 'Pay For Delay' Suit Heads To EU Court

    A United Kingdom tribunal punted on GlaxoSmithKline PLC’s appeal over £37.6 million ($54 million) in antitrust fines from alleged “pay-for-delay” deals to postpone generic versions of blockbuster antidepressant Seroxat, sending the case to the Court of Justice of the European Union.

  • March 9, 2018

    Johnson & Johnson Hit With $35M Verdict In Pelvic Mesh Trial

    An Indiana federal jury on Friday slammed a Johnson & Johnson unit with a $35 million verdict in favor of a woman who claimed she was harmed by a pelvic mesh device, finding that the mesh implant was negligently designed and the company failed to warn of its risks.

  • March 9, 2018

    Ex-Biotech CEO Blasts SEC’s ‘Guilt By Association’ Suit

    The former CEO of a biotech research company slammed the U.S. Securities and Exchange Commission on Thursday in Maryland federal court, saying an amended complaint claiming he and other executives duped an auditor into allowing them to book $1.1 million in fake revenue still doesn’t allege any wrongdoing on his part and is a “misguided attempt of ‘guilt by association.’”

  • March 9, 2018

    FTC Materials Barred In Imminent Solodyn Pay-For-Delay Trial

    An antitrust trial set to kick off Monday in Boston will not include Federal Trade Commission studies on the importance of generic brands to competition, a federal judge ruled days before jury selection, in a win for the one drugmaker still fighting the pay-for-delay case.

  • March 9, 2018

    Shkreli Gets 7 Years In Prison For Securities Fraud

    Notorious former pharmaceutical executive Martin Shkreli was sentenced Friday to seven years in prison on his conviction for defrauding investors in his ailing hedge funds and conspiring to game biotech Retrophin Inc.'s stock price to pay off his debts.

  • March 8, 2018

    Genentech Fights For $5.8M In ‘Exceptional' IP Attys Fees

    A California federal judge Thursday indicated she might grant Genentech Inc. just a portion of the $5.8 million in attorneys’ fees the company requested after beating a patent infringement suit over its breast cancer drug, suggesting the case was “exceptional” for only part of the litigation.

  • March 8, 2018

    Soon-Shiong Firm Fights $47M Post-Merger Cash Tap Suit

    Allegations that billionaire physician Patrick Soon-Shiong improperly tapped $47 million from biotech firm Precision Biologics Inc. survived a dismissal fight in Chancery Court late Thursday, with Delaware's chancellor cautioning that claims in the case need "pruning."

  • March 8, 2018

    11th Circ. Upholds Yale Doc's Fee Award In Defamation Suit

    The Eleventh Circuit on Thursday affirmed an attorneys’ fee award to a Yale neurologist who beat back a defamation suit brought by a doctor he’d called a quack, ruling that the suit falls under the “exceptional case” standard for awarding attorneys’ fees under the Lanham Act.

  • March 8, 2018

    Cancer-Focused Biotech Co. Prices $60M IPO At Low End

    BioXcel Therapeutics Inc., a company using artificial intelligence to develop drugs that fight cancer and neurological disorders, raised $60 million in an initial public offering that priced at the bottom of its forecasted range, marking the month’s first IPO although more are in the pipeline.

  • March 8, 2018

    7th Circ. Won't Revive Knee Implant MDL Bellwether

    The Seventh Circuit on Thursday declined to revive an inadequate warning claim in a bellwether case in multidistrict litigation over alleged defects in Zimmer NexGen knee implants, saying that while the Wisconsin supreme court hasn’t addressed a particular doctrine, the panel predicted it would follow the lead of other courts.

  • March 8, 2018

    Baker McKenzie Snags 5 Ex-Hogan Attys, Opens LA Office

    Baker McKenzie said Thursday it is launching an office in Los Angeles after hiring five partners from Hogan Lovells US LLP, bringing on board attorneys steeped in experience in employment, life sciences, energy, product liability and commercial matters to bolster its West Coast offerings.

  • March 8, 2018

    DOJ Leaning More On FCA In Fight Against Opioid Abuse

    A senior U.S. Department of Justice official said the DOJ is ramping up its use of the False Claims Act to crack down on unnecessary prescriptions for opioid painkillers, as part of broader focus on fighting opioid abuse. Correction: An earlier version of the story listed Cox's speech as having taken place on Mar. 8. The error has been corrected.

  • March 8, 2018

    Calif. Claims Cancer Nonprofit Inflated Value By Millions

    California's attorney general has accused the National Cancer Coalition of painting a rosier-than-reality financial picture for potential donors by inflating the value of drug donations that it receives and distributes overseas, according to an unfair competition lawsuit filed in state court.

  • March 8, 2018

    PTAB Hands Out Mixed Results In Sleep-Aid Challenges

    The Patent Trial and Appeal Board on Wednesday tore apart and then partly salvaged sleep apnea treatment patents owned by ResMed Corp. and Fisher & Paykel Healthcare Ltd. in nine challenges the two cross-filed.

  • March 8, 2018

    Fed. Circ. Says Exergen Thermometer Patents Survive Mayo

    The Federal Circuit on Thursday upheld a decision that Exergen Corp.'s forehead thermometer patents are not invalid for claiming laws of nature, though it found that only one of the two patents was infringed by Kaz USA Inc. and vacated a $15 million damages award.

  • March 8, 2018

    USPTO Defends Charging Attys' Fees At Full Fed. Circ.

    The U.S. patent office insisted before an en banc panel of the Federal Circuit on Thursday that the agency was well within its rights in 2015 when it suddenly began making patent applicants cover all legal costs associated with challenges to patent denials in federal district court, upending 170 years of established practice.

  • March 8, 2018

    Parkinson’s-Fighting Biotech Snags $75M In Series A Funding

    Prevail Therapeutics Inc., a New York biotechnology company focused on fighting neurodegenerative diseases like Parkinson’s, on Thursday said it pocketed $75 million in its latest funding round thanks to investors including private equity and venture capital firm OrbiMed Advisors.

  • March 8, 2018

    Heart Pump Maker Pays $3.1M To Settle Kickback Charges

    A Danvers, Massachusetts-based medical implant manufacturer has agreed to pay $3.1 million to resolve federal allegations claiming it promoted a line of heart pumps by doling out lavish free meals from Boston to Beverly Hills in violation of the False Claims Act, the U.S. attorney said Thursday.

  • March 8, 2018

    Littler Adds Ex-Alexion Pharma Counsel As Shareholder

    Littler Mendelson PC has added a former Alexion Pharmaceuticals Inc. in-house attorney with experience in a variety of employment issues ranging from benefits to employee relations, the firm said in an announcement.

Expert Analysis

  • Smart Contracts Need Smart Corporate Lawyers

    Matthew O’Toole

    Given the operational and security risks involved, and the substantial digital asset values transacted, the rise of distributed ledger technology and smart contracts will create new opportunities and responsibilities for transactional lawyers, say attorneys with Potter Anderson Corroon LLP.

  • Witness Preparation Also Requires Witness Training

    Ric Dexter

    A witness who has been told what to do and what not to do will be ineffective at best. Instead, witnesses must be taught how to handle the process, and how to approach the answer to every question that they encounter. These are new skills, and they must be practiced in order to be learned, says Ric Dexter, an independent litigation consultant.

  • How To Fix Your Broken Client Teams

    Mike O'Horo

    Law firms claim they create client teams to improve service. Clients aren’t fooled, describing these initiatives as “thinly veiled sales campaigns.” Until firms and client teams begin to apply a number of principles consistently, they will continue to fail and further erode clients’ trust, says legal industry coach Mike O’Horo.

  • Omnicare Settlement: Outlier Or Beginning Of Broader Trend?

    Alexander Batoff

    The U.S. Department of Justice’s Immigrant and Employee Rights Section recently finalized a settlement involving an asylum discrimination claim against Omnicare. The case is a good reminder that employers should carefully consider including appropriate defense and indemnification language in contracts with third parties, says Alexander Batoff of Obermayer Rebmann Maxwell & Hippel LLP.

  • Preemption In Pharmaceutical Cases: 2017 In Review

    Connor Sheehan

    2017 was a busy year in the evolving landscape of preemption in pharmaceutical cases. And the interplay and potential collision between state law duties and federal regulatory requirements raised in the cases decided last year will continue to evolve in 2018, says Connor Sheehan of Dunn Sheehan LLP.

  • Filter MDL Puts FDA Clearance Evidence Back On The Table

    James Beck

    U.S. Food and Drug Administration compliance evidence was for decades admissible evidence in product liability litigation, until rulings in pelvic mesh cases began to change the law. But last week, the judge in the Bard IVC Filters Products Liability Litigation held such evidence admissible, giving product liability defense counsel a clearly articulated and compelling argument, says James Beck of Reed Smith LLP.

  • How To Serve Your Blind Client Effectively

    Julia Satti Cosentino

    While a client’s visual impairment can create challenges for an attorney, it also can open up an opportunity for both attorney and client to learn from each other. By taking steps to better assist clients who are blind or visually impaired, attorneys can become more perceptive and effective advisers overall, say Julia Satti Cosentino and Nicholas Stabile of Nutter McClennen & Fish LLP.

  • Opinion

    Evolving Due Process In The Digital Age

    Stephen Kane

    Because courts have not modernized as quickly as companies like Amazon, Tesla and Apple, Americans are becoming increasingly dissatisfied, but technological innovations may be able to help Americans access their due process, says Stephen Kane of FairClaims.

  • Opinion

    DOJ Has New Policy On FCA Dismissals — Finally

    Harold Malkin

    It always seemed unconscionable — even when I was a federal prosecutor — to require defendants who succeeded in persuading the U.S. Department of Justice that a False Claims Act qui tam action was meritless to then have to defend themselves anew against the relator in court. The DOJ's recent change in policy is welcome news, says Harold Malkin of Lane Powell PC.

  • Centers Of Influence Are Key To Small Law Firm Rainmaking

    Frank Carone

    In a national survey of 378 small law firms, partners ranked client referrals as the most important means of business development. Yet studies reveal that while professional services providers obtain most new clients from existing client referrals, their best new clients — the ones providing the largest pool of investable assets — overwhelmingly come from “centers of influence,” says Frank Carone, an executive partner at Abrams Fensterman.