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Life Sciences

  • September 13, 2018

    Trump Not In A Hurry To Broker Trade Peace With China

    President Donald Trump said Thursday that he is not rushing to hold new trade talks with Beijing as he signaled a willingness to forge ahead with his aggressive enforcement push that threatens to hit every product imported from China with hefty tariffs.

  • September 12, 2018

    Two Lidoderm Class Action Deals Worth $271M Get Final OK

    A California federal judge on Wednesday approved “excellent” settlements ending claims that Teikoku, Endo and Actavis violated antitrust laws by stalling the release of a generic form of the Lidoderm pain patch, finalizing a $104.75 million deal with end payors and a $166 million deal with direct purchasers, including a combined $85.6 million in attorneys’ fees.

  • September 12, 2018

    SEC Claims Mass. Broker Lied To Short Drug Co. By $1.3M

    The U.S. Securities and Exchange Commission on Wednesday sued a Massachusetts hedge fund adviser who allegedly drove down the price of San Diego-based Ligand Pharmaceuticals Inc. and bet against its stock to reap more than $1.3 million.

  • September 12, 2018

    Medline's Docs Not False, Judge Says In Catheter Design Row

    Medline Industries Inc. in its patent infringement suit against C.R. Bard Inc. dodged counterclaims that its attorneys acted inequitably during prosecution of the patents at issue after an Illinois federal judge ruled Tuesday that documents Bard called false were not, and the company didn’t prove Medline’s attorneys intended to defraud the U.S. Patent and Trademark Office.

  • September 12, 2018

    Law Schools Struggle To Find Themselves In Post-Recession Market

    Classes on blockchain and artificial intelligence. Crash courses in business and financial markets. These are a few ways law schools are preparing students for a job market that is struggling in the wake of the recession.

  • September 12, 2018

    Bausch Health, Actavis Strike Deal Over Generic Xifaxan

    Bausch Health has agreed to settle all litigation with Teva-owned Actavis over the antibiotic drug Xifaxan, with the generics maker agreeing to hold off until 2028 to release a knockoff version of the gastrointestinal medication, the drug owner announced Wednesday.

  • September 12, 2018

    Intuitive Surgical Investors Strike $42.5M Stock-Drop Deal

    A class of investors in Intuitive Surgical Inc. told a California federal court on Tuesday that it has reached a $42.5 million settlement with the biomedical company over allegations that it misled shareholders about the safety of its “da Vinci” robotic surgery.

  • September 12, 2018

    Conflict Should DQ Katten In IP Row, Valeant Tells Fed. Circ.

    Katten Muchin Rosenman LLP should be disqualified from three ongoing drug patent appeals, Valeant Pharmaceuticals International Inc. told a Federal Circuit panel Wednesday, arguing that when the firm hired two Alston & Bird LLP attorneys and picked up their work for Mylan Pharmaceuticals Inc., it created a fatal conflict.

  • September 12, 2018

    McDermott Snags Ex-HHS OIG Pro As Partner For DC Office

    McDermott Will & Emery LLP has announced a former U.S. Department of Health and Human Services Office of Inspector General senior counselor has joined as a partner to build upon the firm’s health industry advisory practice.

  • September 12, 2018

    Medical Co. Investors Want Final $5M Deal OK'd In IPO Row

    A California federal judge has been asked to give the final approval to a $5 million deal to settle securities claims against medical device company Avinger Inc., which was accused of hiding issues with a signature product in connection with a January 2015 initial public offering. 

  • September 12, 2018

    1st Circ. Questions BioChemics Strategy In SEC Probe Case

    The First Circuit prodded BioChemics Inc. on what it felt was an inconsistent argument Wednesday as the pharmaceutical company tried to flip a district court order denying coverage by Axis Reinsurance Co. for defending against a U.S. Securities and Exchange Commission investigation and enforcement action.

  • September 11, 2018

    How A 'Lost Generation' Of Associates Bounced Back

    Caught in a whirlwind of firm dissolutions and layoffs, thousands of associates were thrust into one of the worst job markets in history a decade ago. While some have rebounded, others are still feeling the lingering effects of the financial crisis on their careers.

  • September 11, 2018

    CRISPR Patent Ruling May Push Warring Sides To A Deal

    The Federal Circuit’s decision Monday rejecting the University of California’s efforts to secure control over patents on the breakthrough gene-editing system CRISPR in a fight with the Broad Institute leaves an unsettled patent landscape for the technology that could spur the parties to strike a deal, attorneys say.

  • September 11, 2018

    Hospitals Sue HHS For Slow-Walking 340B Penalties

    Hospital groups on Tuesday sued the U.S. Department of Health and Human Services in D.C. federal court for not penalizing drugmakers for excess charges in the 340B drug discount program, arguing that a 30-month delay in enforcement is unlawful.

  • September 11, 2018

    Out-Of-State J&J Talc Suits Tossed From Delaware Courts

    A Delaware judge overseeing 200 suits alleging Johnson & Johnson’s talcum powder products cause ovarian cancer on Monday dismissed all of the suits brought by out-of-state plaintiffs, ruling J&J’s selling talc in Delaware isn’t enough for the state court to have jurisdiction in the wake of the U.S. Supreme Court’s Bristol-Myers Squibb ruling.

  • September 11, 2018

    OTC Health Products Maker Hits Ch. 11 In Wake Of Recalls

    Florida-based over-the-counter health care manufacturer Product Quest Manufacturing LLC has filed for Chapter 11 and plans to wind down operations, saying the recall of more than a dozen products last month dealt it a fatal blow after a year of regulatory and financial problems.

  • September 11, 2018

    FDA Warning Wire: Plant Problems Behind Medtronic Recalls

    Recalled Medtronic cardiac defibrillators were at the heart of two warning letters handed out by the U.S. Food and Drug Administration. The agency also cited presurgical swabs with iffy sterility made by a Chinese drugmaker and leaking drug products made by a Canadian company, and continued its crackdown on controversial kratom products. Here's what's new on the FDA enforcement beat.

  • September 11, 2018

    Judge Ends Bayer Battle Over 'Flanax' Trademark

    A Virginia federal judge has dismissed a long-running trademark battle between Bayer AG and an American company over the Mexican brand name for Aleve, 18 months after the U.S. Supreme Court refused to hear the closely watched case.

  • September 11, 2018

    FDA's Former Top Atty Heads Back To Sidley Austin

    The U.S. Food and Drug Administration’s highest-ranking attorney during most of the Trump administration has rejoined Sidley Austin LLP, where she will advise life sciences companies and private equity investors, the firm announced Tuesday.

  • September 11, 2018

    BioChemics Claims It Can Pay Chunk Of $17M SEC Judgment

    The U.S. Securities and Exchange Commission and a Massachusetts federal judge appeared skeptical Tuesday of BioChemics Inc.'s claims that it can show, within three weeks, an ability to pay down a “seven-figure” chunk of the $17.2 million it owes the SEC.

Expert Analysis

  • 9th Circ. Criticism Of Judicial Notice Trend Is Significant

    Kevin LaCroix

    The Ninth Circuit's opinion this week in Khoja v. Orexigen Therapeutics makes clear that the court is concerned about the doctrines of judicial notice and incorporation by reference being applied loosely in securities cases. This could result in fewer dismissals, or at least fewer dismissals with prejudice, at the motion to dismiss stage, says Kevin LaCroix of RT ProExec.

  • Ensnarement — A 2nd Bite At The Noninfringement Apple

    Brian D. Coggio

    Ensnarement is a potent defense to a finding of infringement under the doctrine of equivalents, as seen last month when a Massachusetts federal court granted Celltrion’s motion for summary judgment of noninfringement, holding that Janssen’s proposed hypothetical claims ensnared the prior art, say Brian D. Coggio and Ron Vogel of Fish & Richardson PC.

  • Distributors Expose Health, Life Sci Cos. To FCPA Risks

    Mimi Yang

    All companies operating abroad should be aware of potential liability under the Foreign Corrupt Practices Act and other anti-corruption laws, but health care and life sciences companies are at greater risk due to the nature of their products and their reliance on third-party distributors in international markets, say attorneys at Ropes & Gray LLP.

  • Interview Essentials For Attorneys On The Move

    Eileen Decker

    Across the country this fall, recent law school graduates, law firm associates and experienced professionals will interview for positions in private practice and government service. Sharing tips on how to stand out in this high-pressure, hypercompetitive process are Eileen Decker, former U.S. attorney for the Central District of California, and Keith Jacoby, co-chairman of Littler Mendelson PC’s class action practice group.

  • Risk Mitigation Strategies For Gene Therapy Developers

    Matt Holian

    In recent weeks, a handful of scientific articles in peer-reviewed medical literature, as well as alarmist headlines in the popular press, have questioned the safety of an important gene editing technology. While plaintiffs lawyers may take such indicators of evolving science out of context to support future claims, there are ways companies can mitigate the risks, say attorneys at DLA Piper.

  • Roundup

    Clerking For Ginsburg

    Clerking For Ginsburg

    Justice Ruth Bader Ginsburg joined the U.S. Supreme Court 25 years ago and is not planning to retire anytime soon — she has hired clerks through 2020. What's it like to assist Justice Ginsburg? In this series, former clerks reflect on the experience.

  • Kavanaugh On Attorney-Client Privilege — 3 Takeaways

    Louis Ramos

    In what may be one of his final acts on the D.C. Circuit, Judge Brett Kavanaugh has written an opinion that may strengthen attorney-client privilege over communications between a company and its in-house counsel. Attorneys at DLA Piper discuss what this holding could mean for the future of the privilege and offer advice for current in-house counsel.

  • Federal Law Both Sword And Shield In Cannabis Litigation

    Matthew Pierce

    While federal law prohibits the use of marijuana under any circumstances, the cannabis industry continues growing rapidly as more U.S. states legalize its use. The conflicting legal regimes have led to surprising, sometimes counterintuitive results in litigation and bankruptcy cases, says Matthew Pierce of Landis Rath & Cobb LLP.

  • Series

    Clerking For Ginsburg: 3 Surprises

    David Post

    It had never occurred to me that judges don’t always love the way their appellate cousins review their work and tell them — in public — all the things they got wrong. I was frequently struck by Justice Ruth Bader Ginsburg’s acute awareness of the delicacy of this relationship, says attorney David Post.

  • Testing Mandate Is Straining California Cannabis Cos.

    Oren Bitan

    California’s Proposition 64 legalized recreational cannabis, but set a deadline of July 1, 2018, for cannabis products to be tested for a range of toxic substances. Since then, one in every five pot samples have failed required testing, posing big challenges for the industry, says Oren Bitan of Buchalter PC.