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Life Sciences

  • September 5, 2018

    Tribes Can't Have Opioid Suits Sent To State Court From MDL

    An Ohio federal judge rejected bids by two tribes to remand to state court their suits against McKesson Corp. and other companies over the opioid crisis, ruling that the claims belong in federal court because McKesson was subject to federal control under a government contract when it allegedly allowed the drugs to be diverted.

  • September 5, 2018

    Bio-Focused VC Firm Westlake Scores $320M 1st Fund

    Newly launched investment firm Westlake Village BioPartners said Wednesday its first-ever fund scored $320 million in commitments from investors as it looks to make a major impact in the life sciences field.

  • September 5, 2018

    Wine Spectator Hits 'Weed Spectator' With Trademark Suit

    The publisher of Wine Spectator magazine has sued a "copycat" rating site called "Weed Spectator" for trademark infringement in New York federal court, saying it doesn’t want to be associated with “a drug that cannot legally be consumed recreationally in 42 states.”

  • September 5, 2018

    PTAB Stands By Post-SAS Changes In Dartmouth Patent Case

    The Patent Trial and Appeal Board said Wednesday it would move ahead with review of all claims in a Dartmouth College patent related to vitamin supplements, despite the college’s objection that the board created a “completely different review” following the Supreme Court’s ruling in SAS Institute.

  • September 5, 2018

    J&J, Janssen Win Mass. Risperdal Suit On Teen's Weight Gain

    Johnson & Johnson and its subsidiary Janssen Pharmaceuticals Inc. on Wednesday prevailed over claims in Massachusetts federal court saying their antipsychotic drug Risperdal caused a Bay State man to gain excessive weight in his teenage years, while thousands of similar personal injury suits are pending separately in Pennsylvania.

  • September 5, 2018

    Chinese News Aggregator Sets Price Range For IPO

    Qutoutiao Inc. has set a price range for its upcoming initial public offering that the Simpson Thacher & Bartlett LLP-led Chinese news aggregator said could raise as much as $165.6 million, one of two companies to formally launch IPOs this week.

  • September 5, 2018

    FDA Focus: What Morgan Lewis' Practice Chair Is Watching

    Morgan Lewis & Bockius LLP's Kathleen Sanzo, leader of the firm's U.S. Food and Drug Administration practice, tells Law360 she's tracking food safety challenges, surging litigation against dietary supplement companies, new FDA policies on personalized-medicine devices and the agency's efforts to boost generic drugs. This is the latest in a series of interviews with FDA practice leaders.

  • September 4, 2018

    Getinge Dodges Subsidiary's Blood Pump Patent Fight

    A Massachusetts federal judge on Tuesday released Swedish medical device company Getinge AB from a battle over the legal rights to a blood pump method, saying Abiomed Inc. had failed to claim Getinge had any stake in the contested patent.

  • September 4, 2018

    3rd Circ. Revives FCA Case Against PharMerica

    The information a whistleblower used to build a False Claims Act suit against PharMerica Corp. featured key nonpublic information, meaning it can meet the act’s public disclosure bar, the Third Circuit said Tuesday as it revived the litigation.

  • September 4, 2018

    Feds Fight Claim That Expert Witness Double-Crossed Insys

    A doctor accused by the founder and several former top executives at opioid manufacturer Insys Therapeutics Inc. of double-crossing them by agreeing to testify for the government at their upcoming racketeering trial after speaking with their lawyers should still be able to take the stand for prosecutors, the government told a Massachusetts federal judge Tuesday.

  • September 4, 2018

    Generics Cos. Urge Fed. Circ. To Upend Depomed Patent Win

    A group of generic-drug makers urged a Federal Circuit panel Tuesday to nix patents upheld, and found infringed, for Depomed Inc.’s opioid painkiller Nucynta, arguing that the patents cover follow-on developments that offered no improvement on an older invention or would have been obvious for others to try.

  • September 4, 2018

    Withers Lands Ex-Bryan Cave Arbitration Pro In NY

    Withers LLP has nabbed a former Bryan Cave Leighton Paisner LLP attorney to lead its international arbitration team in the United States, bolstering its New York offerings with her experience representing clients in industries including hospitality, infrastructure, energy, insurance and pharmaceuticals, according to a Tuesday announcement.

  • September 4, 2018

    McKesson Defends Right To $7M Of Disputed Orexigen Funds

    Drug distributor McKesson Corp. and a subsidiary reiterated their belief that they are entitled to $7 million in disputed funds being held by debtor Orexigen Therapeutics Inc. in its Delaware Chapter 11 case, arguing that the basis for opposition to release of the money put forth by lenders and the debtor doesn’t comport with the law as written.

  • September 4, 2018

    Yaz MDL Lead Attys Dodge Breach Of Fiduciary Duty Claim

    An Illinois federal judge shot down a putative class action from women alleging breach of fiduciary duty by their lead and liaison attorneys in an underlying multidistrict litigation over a Bayer birth control product, finding that the attorneys were not expected to respond to a key motion on their behalf in the MDL.

  • September 4, 2018

    Shkreli Claims Bad Jury Instructions In 2nd Circ. Appeal

    Convicted former pharmaceutical executive Martin Shkreli urged the Second Circuit to vacate his conviction for defrauding investors in his ailing hedge funds and conspiring to game biotech Retrophin Inc.'s stock price, claiming faulty jury instructions warrant a new trial.

  • September 4, 2018

    ResMed Asks ITC, Calif. Court To Block Import Of Sleep Aids

    Respiratory medical device maker ResMed Inc. has ramped up its patent fight with a rival, asking the International Trade Commission to block imports from New Zealand and simultaneously filing a patent suit in California federal court.

  • September 4, 2018

    Court Can't Block Nonfinal Compounding Policy, FDA Says

    Par Pharmaceutical is being premature by asking a D.C. federal court to enjoin a nonfinal policy regarding whether drugs like Par's blood pressure medication vasopressin can be compounded by outside companies, the U.S. Food and Drug Administration told the court.

  • September 4, 2018

    Tribe Can't Fault Generics Cos. For Opioid Crisis, Court Told

    A group of generic-drug makers pushed back at a Montana tribe's attempt in multidistrict litigation ongoing in Ohio federal court to hold them liable for the opioid epidemic, saying they shouldn't be lumped in with their brand-name counterparts because they operate under a different business model.

  • September 4, 2018

    Teva Worker's Discrimination Suit Stays Alive In Pa.

    The Israeli branch of Teva Pharmaceuticals USA Inc. has to face a Pennsylvania man's allegations that he was fired because of his age and American nationality, a Philadelphia federal judge has ruled.

  • September 4, 2018

    Sanofi Settles SEC’s International Bribery Claims For $25M

    French pharmaceutical company Sanofi SA agreed Tuesday to pay $25.2 million to end the U.S. Securities and Exchange Commission’s investigation into alleged bribes by a number of the company's international subsidiaries to increase sales.

Expert Analysis

  • Tackling Digital Class Notice With Rule 23 Changes

    Brandon Schwartz

    Proposed modifications to Rule 23 of the Federal Rules of Civil Procedure, scheduled to take effect at the end of this year, will officially recognize the use of electronic notice in class action administrations. Brandon Schwartz and Maggie Ivey of Garden City Group LLC provide guidance on navigating a daunting digital landscape.

  • Why Bristol-Myers Applies To Absent Class Members: Part 2

    Brian Troyer

    Since the U.S. Supreme Court's Bristol-Myers Squibb v. Superior Court of California decision, some courts have chosen to treat a nonresident’s claim as within a court’s jurisdiction if the claimant is an absent class member, but not if the claimant is a named plaintiff. This has led to anomalous, irreconcilable outcomes, says Brian Troyer of Thompson Hine LLP.

  • Series

    Clerking For Ginsburg: How To Play The Long Game

    Arun Subramanian

    One of us was a clerk when Justice Ruth Bader Ginsburg read her Ledbetter dissent from the bench, inviting Congress to act, and the other clerked a few years later, when RBG's prominently displayed copy of the Lilly Ledbetter Fair Pay Act served as a daily reminder that dissents are not just for show, say Arun Subramanian and Mark Musico of Susman Godfrey LLP.

  • Why Bristol-Myers Applies To Absent Class Members: Part 1

    Brian Troyer

    A split is growing among courts over the application of Bristol-Myers Squibb v. Superior Court of California in class actions. Courts that have declined to apply the decision to absent class members have given a dizzying array of reasons, but have produced internally contradictory and legally problematic results, says Brian Troyer of Thompson Hine LLP.

  • Series

    Clerking For Ginsburg: In Pursuit Of Precision

    Trevor Morrison

    As clerks for Justice Ruth Bader Ginsburg, we learned early on that, when preparing a memorandum or draft opinion, it was essential to present any opposing argument in its strongest possible light. There is a lesson here for today's public debates, says Trevor Morrison, dean of NYU Law School.

  • Opinion

    Time To Remove Patent Barriers To US Drug Manufacturing

    Frederick Rein

    To be on a level playing field with the rest of the world, the United States should consider amending its patent laws to permit both the export and stockpiling of pharmaceuticals during the patent term extension period, say attorneys with Goodwin Procter LLP.

  • An Upgrade For Expert Evidence Standards In New Jersey

    James Beck

    In the Accutane litigation, the New Jersey Supreme Court just unanimously upgraded the state’s standards for admission of expert testimony. This decision may finally break the back of the long-running — and scientifically bogus — Accutane litigation that has plagued New Jersey courts, says James Beck of Reed Smith LLP.

  • Genetic Testing Cos. Must Examine Illinois Privacy Law

    Michelle Gillette

    The recent arrest of the Golden State Killer raises thorny issues of genetic privacy — and these questions will only become more difficult as the commercial genetic testing industry continues to grow. Compliance with the Illinois Genetic Information Privacy Act is critically important for companies doing business in this space, say Michelle Gillette and Josh Thomas Foust of Crowell & Moring LLP.

  • Series

    Clerking For Ginsburg: My RBG Guide To Judging

    Goodwin Liu

    I clerked for Justice Ruth Bader Ginsburg before the days of RBG bobbleheads and “You Can’t Spell Truth Without Ruth” T-shirts. I had no idea I would become a judge, and I feel lucky every day that I had the chance to learn from her, says California Supreme Court Justice Goodwin Liu.

  • Opinion

    It's Prime Time For A Dose Of Reality On Brett Kavanaugh

    Daniel Karon

    President Donald Trump's announcement of his next U.S. Supreme Court nominee, D.C. Circuit Judge Brett Kavanaugh, had the trappings of reality TV. But left unmentioned were Kavanaugh’s troubling opinions on workplace safety standards, age discrimination and class action plaintiffs, says Daniel Karon of Karon LLC.