Life Sciences

  • December 4, 2017

    Montana AG Hits Purdue With Opioid Suit

    Montana’s attorney general on Monday announced that the state is suing Purdue Pharma over its allegedly deceptive marketing of opioids, including OxyContin, saying more than 700 people in the state have died of opioid overdoses in the last 17 years.

  • December 4, 2017

    Tech, Generics Cos. Spar With Tribes Over Allergan At PTAB

    Allergan’s plan to defeat inter partes reviews of patents on its eye drug Restasis by transferring them to a Native American tribe prompted over a dozen dueling amicus briefs Friday, with tech giants and generics makers decrying the deal as a “sham” and other tribes stoutly defending it.

  • December 4, 2017

    Patent Args Should’ve Gone To Jury, Fed Circ. Told

    Kaz USA Inc. urged a Federal Circuit panel Monday to upend Exergen Corp.’s $14.6 million patent infringement win against the company, arguing a district court judge shouldn’t have decided forehead thermometer patent issues properly left to the jury.

  • December 4, 2017

    Investors Tell 1st Circ. Sarepta Hid FDA Testing Issues

    A group of shareholders asked the First Circuit on Monday to revive their securities class action claiming executives at Sarepta Therapeutics Inc. selectively omitted facts and misled investors in 2014 about the clinical trial and regulatory outlook of a treatment for the most common form of muscular dystrophy called Duchenne.

  • December 4, 2017

    Fla. Compounding Pharmacy Can't Escape Tricare FCA Suit

    A Florida federal judge refused Monday to dismiss the federal government’s False Claims Act suit against a compounding pharmacy accused of overbilling Tricare for prescriptions, saying the government had sufficiently backed its allegations against both the company and its owner.

  • December 4, 2017

    FBI Pressured Witness With Surprise Visit, Greebel Atty Says

    An attorney for former Katten Muchin Rosenman LLP attorney Evan Greebel told the New York federal judge overseeing his fraud trial Monday that federal agents had improperly pressured a potential defense witness by arriving unannounced at his apartment door.

  • December 4, 2017

    Janssen Rips Patent Owner's Bid To Appeal Mid-Case

    Celltrion Inc. shouldn’t be allowed to appeal a Massachusetts federal court’s decision not to dismiss Janssen Biotech Inc.’s patent lawsuit over Pfizer Inc.’s biosimilar of anti-inflammatory biologic Remicade, Janssen said Monday, arguing there was nothing extraordinary about the ruling and that an appeal now would only delay the case.

  • December 4, 2017

    TPG Sweetens Deal For Medical Device Co. Exactech To $737M

    Florida-based Exactech Inc. on Monday said that private equity giant TPG Capital raised its offer price for the orthopedic implant device maker in a deal now valued at $737 million, just weeks after the companies agreed to a tie-up valued at $625 million.

  • December 4, 2017

    High Court Won't Hear Dow's Appeal Of $455M Bayer Award

    The U.S. Supreme Court opted Monday not to hear Dow AgroSciences LLC’s bid to overturn a $455 million arbitral award issued to two Bayer AG subsidiaries over infringement of weed control patents, ending a yearslong dispute over a gene for herbicide resistance.

  • December 4, 2017

    Justices Ask SG To Weigh In On Merck's Fosamax MDL

    The U.S. Supreme Court on Monday asked the solicitor general to weigh in on an attempt to end multidistrict litigation against Merck Sharp & Dohme Corp. over its alleged failure to warn about fracture risks from its osteoporosis drug Fosamax that hinges on a U.S. Food and Drug Administration decision.

  • December 4, 2017

    Ex-Pharma Staffing Exec Wants Out Of Noncompete Suit

    The former director of Medix Staffing Solutions Inc.’s pharmaceutical and biotechnology staffing division asked a Illinois federal judge on Friday to dismiss the staffing agency’s suit alleging he breached his employment contract by joining rival ProLink Staffing.

  • December 1, 2017

    Biotech Cos. Among 5 IPOs That Could Surpass $580M

    Five firms are slated to lead five issuers set to raise nearly $581 million in initial public offerings during the week of Dec. 4, anchored by three venture-backed life science companies joined by a bank that specializes in real estate lending and a payday lender.

  • December 1, 2017

    Pfizer, Dana-Farber Win Bid For Bristol-Myers Docs In IP Suit

    Pfizer Inc. and the Dana-Farber Cancer Institute were allowed access on Friday to what a Boston federal judge described as critical information guarded by Bristol-Myers Squibb Co. and development partner Ono Pharmaceutical Co. Ltd. in a claim seeking to add two American researchers to six cancer immunotherapy patents.

  • December 1, 2017

    Philly Jury Set To Deliberate In Xarelto Injury Case

    A Philadelphia jury was urged during closing arguments on Friday to find that inadequate warnings from a pair of Johnson & Johnson and Bayer AG units for the blood-thinner Xarelto left an Indiana woman suffering a serious gastrointestinal bleed.

  • December 1, 2017

    9th Circ. Says Gov't Still Party To Closed Lawsuit In FCA Row

    The ghost of jurisprudence past came to haunt the Ninth Circuit on Friday in the form of Marbury v. Madison, when a split panel refused to revive a whistleblower’s suit against Biotronik Inc., finding the government, unlike a deceased former president, can still be a party to a dismissed lawsuit.

  • December 1, 2017

    Pfizer Tells 2nd Circ. Feds Lack Immunity In $8.3M Tax Row

    Pharmaceutical giant Pfizer Inc. argued to the Second Circuit Wednesday that it had satisfied waivers of sovereign immunity against the federal government in a dispute centered on the company’s claim for $8.3 million in interest it alleges is owed on taxes it overpaid.

  • December 1, 2017

    FDA's Focus On Competition May Boost FTC Enforcement

    The U.S. Food and Drug Administration's growing focus on competition problems in the pharmaceutical sector could lead to policy changes making it easier for generics to come to market, while also paving the way for the Federal Trade Commission to bring more novel enforcement actions.

  • December 1, 2017

    Deals Rumor Mill: Merck, Mednax, Volkswagen

    Merck’s consumer health business could be valued at around €4 billion in a sale, multiple private equity suitors have interest in buying Florida-based medical services group Mednax, and Volkswagen is in talks to buy a stake in a Russian maker of light commercial vehicles.

  • December 1, 2017

    Drug Co. Wants FOIA Answers From NIH Over Biotech Ties

    Orphan drug biotech company CTD Holdings Inc. on Thursday accused the National Institutes of Health in Florida federal court of not producing a single document to fill a year-old Freedom of Information Act request about ties the agency has with CTD’s competitor, Vtesse Inc.

  • December 1, 2017

    InSys Investor Suit Put On Hold As Criminal Action Plays Out

    A derivative suit brought against the directors and officers of drugmaker Insys Therapeutics Inc. in Delaware Chancery Court over an alleged off-label prescription scheme will be stayed as federal criminal proceedings against the executives move forward, a judge ruled Thursday.

Expert Analysis

  • The Case For Creating A Mediation Department At Your Firm

    Dennis Klein

    There are at least four reasons supporting the need for some form of a mediation group within a law firm, especially in firms with larger practices, according to Dennis Klein, owner of Critical Matter Mediation and former litigation partner at Hughes Hubbard & Reed LLP.

  • Pharma Case Highlights Importance Of Unrebutted Evidence

    Joseph O'Malley

    Earlier this month, the Federal Circuit reversed a Delaware state court's decision in Bayer v. Watson, holding that the lower court failed to address the defendants' prior art references. This opinion joins a growing list of Federal Circuit opinions minimizing the objective indicia of nonobviousness, say attorneys with Paul Hastings LLP.

  • Key Considerations Before Leasing To Cannabis Businesses

    Joshua Schneiderman

    Beginning in 2018, licensed businesses will be authorized under California law to cultivate, manufacture, distribute and sell cannabis, presenting unique business opportunities to landlords. However, landlords must be aware of common pitfalls in cannabis business leases, say Joshua Schneiderman and Katherine Annuschat of Snell & Wilmer LLP.

  • How Tax Reform Could Impact The Health Care Industry

    Peter Furci

    The U.S. House and Senate have now both detailed their tax reform plans, and both plans could have significant effects on the health care industry. Lower corporate tax rates could benefit companies in the health sector, but changes to the orphan drug tax credit and medical expense deduction would be damaging, say attorneys at Debevoise & Plimpton LLP.

  • Being There: Defending Depositions

    Alan Hoffman

    Defending depositions is challenging. The lawyer is the only shield and protector for the witness and the client. The rules of engagement are less than clear, and fraught with ethical perils. Difficult judgment calls often must be made in the heat of battle. This is where lawyers really earn their keep, says Alan Hoffman of Husch Blackwell LLP.

  • A Tale Of 2 Cases On 3rd-Party Releases

    Matthew Kelsey

    Before a bankruptcy court can examine whether a nonconsensual third-party nondebtor release is permissible, it must first determine whether it has authority to approve such releases. Two recent — and conflicting — opinions suggest that this determination depends on the bankruptcy court's view as to what "operative proceeding" governs the matter, say attorneys with Gibson Dunn & Crutcher LLP.

  • Opinion

    The Legal Fallout For Harvey Weinstein’s Hired Hands

    Nicole Kardell

    There is a difference between a lawyer or investigator seeking evidence to defend against allegations and correct misrepresentations, and, on the other hand, using duplicitous means to gather information and intimidate alleged victims and journalists. Client advocacy does not mean winning at all costs, says Nicole Kardell of Ifrah Law PLLC.

  • Jury Persuasion In An 'Alt-Fact' World

    Shelley Spiecker

    Today's climate of “alternative facts” has jurors making decisions based on beliefs, emotions and social affiliations that often go unacknowledged or underappreciated. To present their case in the most persuasive manner possible, litigators should consider adapting to their audience when it comes to four psychological factors, say consultants with Persuasion Strategies, a service of Holland & Hart LLP.

  • Big Pharma Faces Insurance Hurdles In Opioid Suits

    R. Patrick Bedell

    Following a California appellate court’s Nov. 6 opinion in Travelers v. Actavis and recent lawsuits disclaiming damages for bodily harm, the pharmaceutical industry faces new challenges in recovering insurance for opioid lawsuits filed by government plaintiffs, say R. Patrick Bedell and Kevin Harris of BatesCarey LLP.

  • Applying The Investors' Playbook To Legal Career Planning

    Howard Cohl

    Nothing has been more instrumental in my role as a legal recruiter than what I learned from a variety of hedge fund managers, venture capitalists and investment bankers — how to analyze a deal and make a decision quickly. It boils down to the traditional SWOT analysis, says Howard Cohl, director in Major Lindsey & Africa’s emerging markets group.