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Life Sciences

  • June 11, 2018

    Justices Won't Hear Cleveland Clinic Patent Eligibility Case

    The U.S. Supreme Court said Monday it would not hear a case the Cleveland Clinic Foundation filed over patents for cardiovascular disease tests, leaving in place a ruling that found the patents were invalid because they only claim laws of nature.

  • June 11, 2018

    Deals Rumor Mill: TPG, Stryker, Fortum

    TPG reportedly wants $1.5 billion for a fund aimed at betting on technology companies putting off going public, Stryker Corp. offered to take over Boston Scientific, and the European Commision is set to approve Fortum’s bid to buy a 46.65 percent stake in Uniper

  • June 11, 2018

    Aggrenox MDL Nears End As Drug Cos. Reach Final Deal

    Teva Pharmaceutical and Boehringer Ingelheim on Monday announced a settlement with the last remaining party accusing them of entering into an illegal pay-for-delay agreement to keep a generic version of the stroke prevention medicine Aggrenox off the market, paving the way for the multidistrict litigation in Connecticut federal court to close out.

  • June 11, 2018

    Lawmakers Seek To Hold USPS 'Accountable' In Opioid Bill

    A bipartisan, bicameral congressional group has reached an agreement on a bill aimed at holding the federal government "accountable" for preventing synthetic opioids from being trafficked into the U.S. through the Postal Service, according to a statement by the House Ways and Means Committee.

  • June 11, 2018

    Fed. Circ. Revives Medtronic Bid To Ax Patent In $23.5M Row

    The Federal Circuit on Monday gave Medtronic a new shot at invalidating a doctor’s spine-straightening patent at issue in a $23.5 million verdict against the company, ruling the Patent Trial and Appeal Board did not properly consider the evidence when it upheld the patent.

  • June 11, 2018

    Justices Won't Weigh Rest Break Pay, Pfizer Unit Bias Suit

    The U.S. Supreme Court on Monday declined to review the Third Circuit's ruling that workers must be paid for breaks of 20 minutes or less under the Fair Labor Standards Act, while also turning away an appeal of a Fifth Circuit ruling in a bias suit against a Pfizer unit.

  • June 11, 2018

    Eagle Wins Orphan Drug Status In Row With FDA

    A D.C. federal judge came down on the side of Eagle Pharmaceuticals Inc. on Friday, ordering the U.S. Food and Drug Administration to grant orphan drug exclusivity to the company's chemotherapy drug Bendeka.

  • June 11, 2018

    Merck Urges Justices To Review Fosamax MDL Revival

    Merck has told the U.S. Supreme Court that a brief by the U.S. solicitor general bolsters its bid to reverse a Third Circuit decision reviving multidistrict litigation over its alleged failure to warn about a risk of femoral fractures from its osteoporosis drug Fosamax.

  • June 11, 2018

    Mistrial Called In J&J Talc Trial After Cancer Victim Dies

    A California judge on Monday declared a mistrial in a woman’s suit alleging asbestos in Johnson & Johnson’s talcum powder caused her mesothelioma, saying the death of the 94-year-old plaintiff last week means the trial could not continue.

  • June 11, 2018

    Panel Centralizes Zetia Antitrust MDL In Va.

    The judicial panel overseeing multiple suits accusing Merck & Co. Inc. of conspiring with generic-drug makers to delay the entry of rivals to its cholesterol drug Zetia have centralized the cases in Virginia. 

  • June 8, 2018

    Ariosa Fights Sales Ban, Says It’s Not An Illumina Competitor

    Ariosa and Illumina sparred in California federal court Friday over whether Ariosa should be barred from selling its prenatal tests after a jury found it infringed two patents and owed Illumina $27 million, with an Illumina attorney arguing the contention the two companies weren’t competitors was “an argument for a dumb person.”

  • June 8, 2018

    Plavix MDL Judge Tosses 95 Cases Due To Inaction

    A New Jersey federal judge on Friday dismissed 95 cases from multidistrict litigation accusing Bristol-Myers Squibb and Sanofi-Aventis of falsely marketing the blood thinner Plavix because the patients in those cases never responded to court orders to retain new counsel or represent themselves after their attorneys withdrew.

  • June 8, 2018

    Brand Battles: A 'Triple Crown' Trademark Fight

    In Law360's latest roundup of new actions at the Trademark Trial and Appeal Board, two horse brands vie for "Triple Crown" just days before the Belmont Stakes, Bayer launches another case over "Aleve," and Stone Brewing continues to fiercely defend its name against other alcoholic beverage brands.

  • June 8, 2018

    Meet The Lobbyist Battling FDA In Epic Supplement Clash

    C. McClain “Mac” Haddow was a top official at the U.S. Department of Health and Human Services who endured a stunning fall from grace, dusted himself off and built an influential lobbying shop with big-name drugmaker clients. Now, in the twilight of his career, he finds himself at the center of one of the most heated battles to ever surround a dietary supplement.

  • June 8, 2018

    Par Infringed Colonoscopy Drug Patents, Fed. Circ. Affirms

    The Federal Circuit on Friday upheld a Delaware federal judge’s finding that Par Pharmaceutical Inc. infringed two of Ferring Pharmaceuticals Inc.’s patents covering the colonoscopy drug Prepopik, shooting down Par’s argument that key terms were never defined properly before the trial.

  • June 8, 2018

    6 Firms To Steer 7 IPOs Exceeding $1.4B As June Gets Hot

    Six law firms plan to guide seven initial public offerings slated to raise more than $1.4 billion during the week of June 11, kicking the IPO season into high gear with businesses spanning the technology, life sciences, energy, transportation and education industries plus a fintech-focused blank check company.

  • June 8, 2018

    Philly Xarelto Patients Fight Bellwether-Manipulation Claim

    Patients suing Bayer AG and Johnson & Johnson units over the blood thinner Xarelto have defended their process for selecting bellwether cases, denying accusations that they are “cherry-picking” trial cases for their benefit.

  • June 8, 2018

    Roche, Humana Can't Flee FCA Suit Over Debt Deal

    Roche Diagnostics Corp. and Humana Inc. must face a whistleblower’s False Claims Act suit accusing the drugmaker of getting its diabetes products back on the insurer’s Medicare Advantage formulary by forgiving a massive debt the insurer had racked up, an Illinois federal judge ruled Thursday.

  • June 8, 2018

    Tennis Player Wants $10M Injury Suit Back In State Court

    Professional tennis player Madison Brengle asked a Florida federal court on Friday to remand to state court her claims that required anti-doping tests injured her serving arm and impacted her career, arguing that she has no arbitration clause with the International Tennis Federation and other defendants in the suit.

  • June 7, 2018

    Ironshore, 23andMe Get ADR OK In DNA Case Coverage Row

    A California federal judge on Thursday encouraged Ironshore Specialty Insurance Co. and 23andMe Inc. to wrap up evidence gathering in their four-year-old coverage dispute and take it to mediation now that the underlying putative class claims against the genetic testing company have been settled.

Expert Analysis

  • Overlooked Changes To Patent Cooperation Treaty Practice

    Nicholas Landau

    As a result of changes to the patent code from the America Invents Act, the Patent Law Treaties Implementation Act and the AIA's technical corrections amendment, the bypass patent application presents many potential advantages. A bypass application could have resolved Actelion’s recent patent-term problem, say Nicholas Landau and Jake Neu of Bradley Arant Boult Cummings LLP.

  • Lack Of Sameness Doomed INRatio Class Certification

    Michelle Hart Yeary

    Last month a federal court in California declined a second attempt to certify a class action against the makers of handheld devices used to monitor blood clotting. The case demonstrates that when key questions of law or fact affect only some members of the putative class, but not all, class certification is not sustainable, says Michelle Yeary of Dechert LLP.

  • 8 Reasons To Take A Fresh Look At Your Law Office Lease

    Tiffany Winne

    After moving into a new law office, tenants often file their signed leases away, figuring that the terms are set for a few years at least. However, leases can be very flexible instruments, and should be reviewed annually even if nothing seems amiss, says Tiffany Winne of Savills Studley Inc.

  • A General Counsel's Tips For Succeeding As A New Associate

    Jason Idilbi

    Based on his experience as a BigLaw associate for six years and now as general counsel for a tech startup, Jason Idilbi of Passport Labs offers some best practices for newer associates — whether they are serving external clients or senior attorneys within their firms.

  • Pay Attention To The Law And The Science Of Cannabidiol

    Brett Taylor

    Many health claims have been made for cannabidiol, a substance derived from the cannabis plant. But producers and retailers of cannabidiol should understand that, while it may be permitted under some state laws, it remains illegal under federal law. They must also avoid claims of benefits that are unsubstantiated, say Brett Taylor and Amy Alderfer of Cozen O'Connor.

  • Smarter, Faster, Stronger: A New Suite Of VC Model Docs

    Samuel Waxman

    For the first time in four years, the National Venture Capital Association recently updated its model legal documents. The latest drafts not only reflect the necessity for quick transactions and bespoke solutions to unique problems facing venture capital investors, but they anticipate needs that will arise in this ever-evolving industry, say attorneys with Paul Hastings LLP.

  • A Cautiously Optimistic Diagnosis For Patent Eligibility

    Ewa Davison

    For companies in the life sciences industry, the scope of patent eligibility continued its apparently inexorable contraction in 2017. But in the first months of 2018, the Federal Circuit has exhibited a more generous approach to both steps one and two of the patent eligibility analysis, say Ewa Davison and David Tellekson of Fenwick & West LLP.

  • Series

    Judging A Book: Berzon Reviews 'We The Corporations'

    Judge Marsha Berzon

    My advice to prospective clerks will now include the suggestion that they read Adam Winkler's new book, "We the Corporations: How American Businesses Won Their Civil Rights," for the same reason I recommend taking a corporations course — appreciating the critical role of business corporations in American life and law, says Ninth Circuit Judge Marsha Berzon.

  • Diabetic Care RX Case Is A Warning Sign For Private Equity

    Christopher Hewitt

    The United States government recently sent shock waves through the private equity industry by charging a PE firm for its portfolio company’s alleged health care fraud in U.S. v. Diabetic Care RX. Four measures can help private equity firms mitigate their risk so they avoid the same fate, say Christopher Hewitt and Jayne Juvan of Tucker Ellis LLP.

  • What ABA’s Position On Harassment Means For Employers

    Minjae Song

    In the #MeToo era, the American Bar Association’s recently passed Resolution 302 is a reminder of harassment policy best practices to all employers, and it should be of particular interest to employers in the legal industry, say attorneys with Hunton Andrews Kurth LLP.