Life Sciences

  • December 1, 2017

    Texas Justices Won't Hear Suit Over Newborn's Genetic Test

    The Texas Supreme Court on Friday declined to hear a case in which parents accused a genetic testing company and hospital of failing to detect Down syndrome in their newborn, leaving in place a lower appellate opinion from August tossing the case.

  • December 1, 2017

    Vitamin Cos. Want New Trial After $6.8M IP Verdict

    Vitamin companies accused of patent infringement urged a California federal judge Thursday to grant them a new trial after losing a $6.8 million jury verdict in September, saying the evidence doesn’t support the jury’s finding.

  • December 1, 2017

    Feds Want Shkreli To Forfeit $7.3M, Wu-Tang Clan Album

    Brooklyn federal prosecutors on Thursday said former Retrophin CEO Martin Shkreli must forfeit $7.3 million following his August conviction on securities fraud and conspiracy charges and should hand over assets including his one-of-a-kind, $2 million Wu-Tang Clan album.

  • December 1, 2017

    Pa. Judge Says No Preemption In Auxilium Testosterone Case

    A Pennsylvania state court judge on Thursday denied Auxilium Pharmaceuticals Inc.’s bid to use federal preemption to avoid an upcoming trial over the alleged connection between its testosterone gel and a user's stroke in a case that was previously denied mass tort status.

  • November 30, 2017

    FDA Chief Reveals New Openness To Quicker Drug Approvals

    The U.S. Food and Drug Administration’s chief on Thursday outlined new openness to clearing drugs based on tentative signs of health benefits, a move that could help patients with few treatment options but also lead to sales of ineffective medicines.

  • November 30, 2017

    Galena Class Settlement Must Proceed, Del. Court Says

    A Delaware vice chancellor on Thursday ordered a Galena Biopharma Inc. stockholder class to honor its $1.3 million agreement ending a dispute over vote counting for a company share increase and director elections, saying that the settlement terms were clear.

  • November 30, 2017

    Idaho Doc Gets 16 Years For Illegal Opioid Prescriptions

    An Idaho doctor convicted of 71 counts of illegally dispensing opioids, including to his mistress and to patients under 21, was sentenced Wednesday to 16 years in federal prison.

  • November 30, 2017

    JPML Open To Opioid MDL Despite Concerns About Size

    The Judicial Panel on Multidistrict Litigation seemed to lean toward centralizing litigation stemming from the country’s opioid crisis during arguments at the panel’s hearing in St. Louis on Thursday, but the judges repeatedly asked for guidance on how to work with the large variety of potential defendants and plaintiffs.

  • November 30, 2017

    Roche Drops Medical Supply Co. From $89M Test Strips Suit

    An Indiana federal judge on Wednesday approved Roche Diagnostics Corp.’s decision to drop claims against a Michigan medical supply company and its owners in Roche’s lawsuit over an alleged $89 million conspiracy involving diabetes testing strips.

  • November 30, 2017

    Mass. DA Wants 134 Tainted Drug Convictions Thrown Out

    The Massachusetts district attorney whose county includes Boston said on Thursday that he’s looking to vacate and dismiss 134 drug convictions that featured evidence by a since-convicted state drug lab chemist who got high almost daily on the job.

  • November 30, 2017

    NJ Panel Advances Bill To Close Loophole For Opioid Access

    A New Jersey Assembly panel on Thursday advanced legislation to close a “dangerous loophole” that lawmakers said allows opioid addicts to receive certain prescriptions in hospital emergency rooms without their medication history being checked on a statewide database.

  • November 30, 2017

    Sexual Enhancement Supplements Recalled For Health Risk

    Dietary supplement maker Nutra Labs Inc. on Thursday said it was recalling male sexual enhancement supplements because a U.S. Food and Drug Administration analysis found they were tainted with the active ingredient for an erectile dysfunction drug, posing a risk to consumers.

  • November 30, 2017

    J&J Can’t Escape $110M Verdict In Mo. Talc Cancer Trial

    A Missouri state judge on Wednesday upheld a jury’s $110 million verdict against Johnson & Johnson for allegedly selling ovarian cancer-causing products, saying the conduct on which the claims are based occurred in Missouri even though the woman who brought them is from Virginia.

  • November 30, 2017

    Ariad, Investors Strike $3.5M Deal Over Cancer Drug Outlook

    Takeda Pharmaceutical Co. Ltd. unit Ariad Pharmaceuticals Inc. has agreed to pay a proposed class of investors $3.5 million to settle claims it lied about the labeling prospects of its leukemia drug ponatinib, the investors told a Massachusetts federal court Wednesday.

  • November 29, 2017

    J&J Unit Workers Say Biz Knew Pelvic Mesh Device Risks

    Johnson & Johnson unit Ethicon was aware of potential complications related to a pelvic mesh product before its launch in 2005, company officials said in deposition testimony presented Wednesday to a New Jersey state court jury hearing claims that the business withheld such information from doctors.

  • November 29, 2017

    Reckitt, Generics Makers Settle Mucinex Antitrust Case

    Reckitt Benckiser Inc. has reached a settlement with a generic-drug maker that had accused the British company of unfairly cutting out competition for an extended-release version of Mucinex by violating a patent infringement settlement agreement they’d struck, according to a judgment Tuesday ending the Pennsylvania federal court case.

  • November 29, 2017

    Atty Seeks Arbitration For Ex-Pot Co. Exec's Malpractice Suit

    The attorney accused by a former marijuana vending machine mogul of being partly to blame for alleged securities law violations that led to a $12.3 million settlement with the U.S. Securities and Exchange Commission told a California federal court on Tuesday that the malpractice suit against him and his firm belongs in arbitration.

  • November 29, 2017

    Judge Tosses 24 New Complaints In Eliquis MDL

    A New York federal judge on Wednesday tossed 24 new lawsuits filed in multidistrict litigation over claims that Pfizer Inc. and Bristol-Myers Squibb Co. didn’t warn people about risks associated with the blood thinner Eliquis, finding that the claims are preempted by federal law.

  • November 29, 2017

    BioChemics Obtains 11th-Hour Deposit On $17M Owed To SEC

    Attorneys for BioChemics Inc. notified a Boston federal judge on Wednesday that it secured a down payment on the $17 million it owes the U.S. Securities and Exchange Commission just 15 minutes before a hearing where government attorneys were set to pounce on the company for default.

  • November 29, 2017

    Pharma Marketers Can't Escape Tricare Kickback Suit

    A Florida federal judge on Tuesday rejected several defendants’ attempts to dismiss allegations they received kickbacks to steer Tricare beneficiaries to participate in a fraudulent billing scheme, saying a whistleblower had adequately alleged the illegitimacy of the claimed “marketing” payments.

Expert Analysis

  • Demystifying Inherent Obviousness

    William Carroll

    How do the unknown, but inherent, characteristics of prior art factor into an obviousness analysis? I propose a simple framework for unraveling inherency issues that arise in the context of obviousness, says William Carroll of Michael Best & Friedrich LLP.

  • How IT And Procurement Pros Can Inform Law Firm Budgeting

    Steve Falkin

    As law firms begin preparing for their annual budget review, Steve Falkin and Lee Garbowitz of HBR Consulting discuss why firm leaders should give their internal information technology and procurement teams a seat at the table.

  • Bracing For A Life Sciences Enforcement Zeitgeist: Part 2

     Gary Giampetruzzi

    Over the past two decades, life science companies in particular have faced a virtual onslaught of U.S. government enforcement. Recent developments and enforcement actions against major German companies should motivate German multinationals to follow compliance measures, say Gary Giampetruzzi and Sandra Gonzalez of Paul Hastings LLP in the final part of this article.

  • Getting Real About Artificial Intelligence At Law Firms

    Mark Williamson

    Artificial intelligence needs to be legally defensible in order to be useful to law firms. There are requirements for making this happen, says Mark Williamson, co-founder and chief technology officer of Hanzo Archives Ltd.

  • Bracing For A Life Sciences Enforcement Zeitgeist: Part 1

     Gary Giampetruzzi

    Recent high-profile corruption cases suggest that German companies may once again become central to the global anti-corruption discussion. With no sign that regulators will shift focus away from life sciences companies in the near future, German multinationals in the life sciences sector must prepare for heightened scrutiny, say Gary Giampetruzzi and Sandra Gonzalez of Paul Hastings LLP.

  • Proportionality, Not Perfection, Is What Matters

    John Rosenthal

    A few jurists and commentators have recently caused a stir in the e-discovery community by arguing that litigants should avoid using keyword searches to filter or cull a document population before using predictive coding. This “no-cull” rationale undermines the principle of proportionality at the heart of the recent changes to Federal Rule 26, say John Rosenthal and Jason Moore of Winston & Strawn LLP.

  • Fed. Circ. Clarifies Law For Functional Antibody Claims

    Irena Royzman

    The Federal Circuit's decision last month in Amgen v. Sanofi undoubtedly will have a major impact on how written description and enablement are litigated for genus claims in general and for functional antibody claims in particular, say Irena Royzman and Andrew Cohen of Patterson Belknap Webb & Tyler LLP.

  • Make Way For The 'Unicorns'

    Lucy Endel Bassli

    By "unicorn" I don’t mean the next great tech startup with a valuation of $1 billion. I mean the new breed of lawyers realizing that there are better ways to get their day jobs done, says Lucy Endel Bassli, assistant general counsel leading the legal operations and contracting functions at Microsoft Corp.

  • Series

    Judging A Book: McConnell Reviews 'Unequal'

    Judge John McConnell

    As widespread claims of sexual misconduct continue to surface in the entertainment industry and beyond, a discussion of how judges treat workplace discrimination cases may be particularly timely. Here, U.S. District Judge John McConnell reviews the book "Unequal: How America’s Courts Undermine Discrimination Law," by professors Sandra Sperino and Suja Thomas.

  • No Basis For Personal Jurisdiction In MDL Direct Filing

    James Beck

    It is common practice to allow plaintiffs anywhere in the country to “direct file” actions into multidistrict litigation after it has been established. There is no constitutional basis for personal jurisdiction in direct-filed MDL cases, and defendants should not do plaintiffs any favors by voluntarily agreeing to such procedures, says James Beck of Reed Smith LLP.