Life Sciences

  • March 8, 2018

    Pot Business Asks 10th Circ. For Equal Treatment From IRS

    A Colorado marijuana dispensary asked the Tenth Circuit on Wednesday to stop the IRS from investigating businesses for criminal activity and to overturn a tax code provision disallowing business deductions for the sale of medical marijuana.

  • March 8, 2018

    5 Sens. Introduce Bill To Bar Tribal Immunity Deals At PTAB

    A group of five bipartisan lawmakers led by Sen. Claire McCaskill, D-Mo., formally introduced legislation Wednesday that aims to prevent companies from selling their patents to Native American tribes to use tribal immunity to shield them from America Invents Act reviews at the Patent Trial and Appeal Board.

  • March 8, 2018

    Don't Revive Restasis Patents, Generic Cos. Urge Fed. Circ.

    A Texas federal judge rightly invalidated claims from four patents covering Allergan’s dry-eye medicine Restasis, as they directly copied earlier patents the drugmaker had filed, a trio of generic-drug makers told the Federal Circuit in a brief unsealed Wednesday.

  • March 8, 2018

    BioCryst Shareholders Sue Over Idera Merger Plan

    BioCryst Pharmaceuticals Inc. and its board of directors have undervalued the biotechnology company by agreeing to a “merger of equals” with Idera Pharmaceuticals Inc., a shareholder says in a proposed class action filed this week in Delaware federal court.

  • March 8, 2018

    Bone Broth Nutrition Biz Reaps $103M In Funding

    Ancient Nutrition, a maker of bone broth protein supplements that claims it is “providing history’s healthiest, real food nutrients to the modern world,” said Thursday that the nutrition company has reaped $103 million from an investment led by San Francisco-based private equity firm VMG Partners.

  • March 8, 2018

    Goldberg Segalla Boosts NY IP Group With Ex-Polsinelli Atty

    Goldberg Segalla has boosted the intellectual property group in its New York office with the addition of an IP litigator and trial attorney who formerly co-chaired Polsinelli PC's patent practice.

  • March 7, 2018

    Roche Released From Suit Over Man's Bowel Disease

    An Illinois federal judge on Wednesday ruled to let Roche out of a suit brought by a man who claimed he developed inflammatory bowel disease as a result of taking its acne drug Accutane, finding the drugmaker is not "at home" in Illinois and the man hadn't alleged any of his injuries even occurred in the state.

  • March 7, 2018

    Pay Our Attorneys’ Fees, USPTO Says, Even When We Lose

    The en banc Federal Circuit is set to hear arguments Thursday on the U.S. Patent and Trademark Office’s controversial new policy on attorneys’ fees. If you haven’t been following along, here’s everything you need to know.

  • March 7, 2018

    Pharma Co. Tells CIT Its Drugs Are Made In U.S., Not India

    A New Jersey-based pharmaceutical company that sells a generic version of the cholesterol drug Crestor to the federal government asked Tuesday that the Court of International Trade determine that the drug is manufactured in the U.S. and not India, as U.S. Customs and Border Protection attests.

  • March 7, 2018

    Shkreli Attys Call 15-Year Sentence 'Severe,' Ask For 1.5

    Martin Shkreli’s attorneys called the government’s recommendation of 15 years prison time for securities fraud “far too severe” in a letter to a New York federal judge on Wednesday, arguing that a sentence of 18 months or less would be more appropriate for the controversial former pharmaceutical executive’s crimes.

  • March 7, 2018

    McKesson Says It Acted On Compliance Concerns In 2008

    Pharmaceutical distributor McKesson Corp. told a Delaware Chancery Court judge Wednesday that its board acted to improve its internal controls and compliance efforts in 2008, saying a shareholder derivative complaint should be tossed because the board’s actions defeat bad faith claims.

  • March 7, 2018

    Retrial Begins In Original Testosterone MDL Bellwether

    Attorneys for a man who had a heart attack while taking AbbVie Inc.’s testosterone replacement therapy product AndroGel opened the retrial of the man’s claims against the pharmaceutical company Wednesday, telling an Illinois federal jury AbbVie didn’t tell his doctor about the drug’s risks.

  • March 7, 2018

    EPO Again Reports Record High In Patents Granted

    The European Patent Office granted its highest amount of patents on record in 2017, beating a record it set only one year earlier, according to statistics released Wednesday.

  • March 7, 2018

    Opioid MDL To Get Litigation Track Amid Settlement Talks

    Multidistrict litigation over the opioid crisis will enter an active stage of discovery, motions and bellwether trials to boost the prospects of ongoing settlement talks, an Ohio federal judge said Wednesday.

  • March 7, 2018

    Blue Cross, Takeda Settle Actos Cancer Claims

    Blue Cross and Blue Shield of Massachusetts and drug manufacturer Takeda Pharmaceutical Co. Ltd. told a Massachusetts federal court on Wednesday they have settled dozens of claims by the insurer alleging that a link between Actos and bladder cancer was long known to Takeda, the latest in a long string of settlements involving the diabetes treatment.

  • March 7, 2018

    Calif. Court Restores Patient’s $4.5M Win In Hip Defect Suit

    A California appeals court has upheld a $4.5 million jury verdict awarded to a man who sued the manufacturer of his prosthetic hip for alleged defects in the device that led to multiple follow-up surgeries, infections and other complications.

  • March 7, 2018

    Insurer Needn't Cover $5M HIPAA Probe Costs, 9th Circ. Says

    The Ninth Circuit on Wednesday upheld a California district court’s finding that Allied World Assurance Co. does not have to cover the $5 million Millennium Laboratories racked up defending against a federal Health Insurance Portability and Accountability Act investigation.

  • March 7, 2018

    Bayer, J&J Look To Bar Amended Master Xarelto Complaint

    A pair of Bayer AG and Johnson & Johnson units have urged a Pennsylvania judge to bar a substantially amended master complaint in a mass tort program over the blood-thinner Xarelto from being filed as they gear up for a set of bellwether trials to begin next month.

  • March 7, 2018

    What Happens If The DOJ Joins The Opioid MDL?

    If the U.S. Department of Justice enters multidistrict litigation about the opioid crisis, it could strengthen the negotiating position of local governments but also siphon off some of the money they seek, plaintiffs lawyers say.

  • March 7, 2018

    Valeant Looks To Shake Investment Fund’s State RICO Claims

    Valeant Pharmaceuticals International Inc., several members of its management and auditor PricewaterhouseCoopers LLP asked a Manhattan federal judge to toss three investment funds’ claims that Valeant perpetrated a criminal racketeering scheme through fraud and price-gouging, saying the accusations don't pass muster.

Expert Analysis

  • Ensuring Section 121 Safe Harbor Applies To Patent

    Jay Lessler

    The Patent Act includes a provision shielding a child patent from double patenting over a parent patent. Patent prosecutors seeking the benefits of Section 121 should understand the importance of filing a divisional application during the pendency of the parent patent application in which a restriction requirement is issued, says Jay Lessler of Blank Rome LLP.

  • TC Heartland And Hatch-Waxman: Square Peg In Round Hole

    Jane Love

    Since the U.S. Supreme Court's TC Heartland decision narrowed venue choices in patent cases under the patent venue statute, district courts have struggled to apply the statute in Hatch-Waxman cases. An issue no reported decision has yet questioned, however, is whether the patent venue statute should apply in Hatch-Waxman cases at all, say attorneys with Gibson Dunn & Crutcher LLP.

  • The Future Of France Is Innovation

    Anne-Charlotte Rivière

    Initiatives and legislation in France to cut red tape, reduce taxes and loosen labor laws have caught investors’ attention, highlighting a shift in French business culture that has brought new energy to innovation-dependent sectors like life sciences and software, say Anne-Charlotte Rivière and Kristopher Brown of Dechert LLP.

  • Feature

    From Law Firm To Newsroom: An Interview With Bob Woodruff

    Randy Maniloff

    Lawyers who have left the traditional practice for perceived greener pastures are many. But the circumstances surrounding broadcast journalist Bob Woodruff’s departure are unique. Like none I’ve ever heard, says Randy Maniloff of White and Williams LLP.

  • Series

    Judging A Book: Kendall Reviews 'On The Jury Trial'

    Judge Virginia Kendall

    As someone who spent half her days last year on the bench presiding over trials, I often find the alarmist calls to revamp the jury trial system a tad puzzling — why is making trial lawyers better rarely discussed? Then along comes a refreshing little manual called "On the Jury Trial: Principles and Practices for Effective Advocacy," by Thomas Melsheimer and Judge Craig Smith, says U.S. District Judge Virginia Kendall of the Northe... (continued)

  • Gene-Edited Crops Ripe For Renewed Regulatory Focus

    Brian Sylvester

    Earlier this month, the U.S. Department of Agriculture released a report on agriculture and rural prosperity highlighting innovations in agricultural biotechnology as a driver of the “fourth industrial revolution.” To foment further innovation in agricultural biotechnology and reduce regulatory burden on industry, the federal regulatory framework should be updated, says Brian Sylvester of Keller and Heckman LLP.

  • How Cos. Can Take Advantage Of DOJ False Claims Act Memo

    Aileen Fair

    The U.S. Department of Justice memorandum made public on Jan. 24 is a sensible clarification of government policy concerning the False Claims Act. If followed, it could deter qui tam relators from filing meritless FCA claims, say Aileen Fair and Harry Sandick of Patterson Belknap Webb & Tyler LLP.

  • Do I Need New Trial Counsel? 9 Questions To Ask

    Russell Hayman

    Initial selection of defense counsel is usually made at the outset of litigation, long before it is known whether the case may actually proceed to trial. Attorneys with McDermott Will & Emery discuss questions in-house lawyers should consider when deciding whether their litigation counsel should remain lead trial counsel in a case proceeding to trial.

  • A Look At Chemical Supplemental Examination Requests

    Amanda Murphy

    If used strategically, supplemental examination at the U.S. Patent and Trademark Office can provide a powerful tool for chemical patent owners to add to their armamentarium of options for Orange Book-listed patents when conducting a due diligence analysis of their patent estate prior to Orange Book listing, say attorneys with Finnegan Henderson Farabow Garrett & Dunner LLP.

  • 10 Antitrust Developments And Trends To Watch In 2018

    Dee Bansal

    Expect to see antitrust developments in 10 areas this year, including continuing scrutiny of vertical mergers, no-poach agreements and conduct by pharmaceutical companies, say attorneys with Cooley LLP.