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Life Sciences

  • October 4, 2018

    Intuitive Investors Get $42.5M Deal With Bargain Attys' Fees

    A California federal judge on Thursday preliminarily approved Intuitive Surgical Inc.’s $42.5 million settlement with shareholders who sued over its da Vinci robotic surgery systems’ safety, a deal with a 19 percent attorneys' fee cut that discounts the $20 million in billable time the investors’ lawyers racked up.

  • October 4, 2018

    1st Circ. Won't Rehear Novartis Gleevec Antitrust Suit

    A First Circuit panel on Thursday said it wouldn’t reconsider its decision to uphold the dismissal of an antitrust suit accusing Novartis Pharmaceuticals Corp. of delaying a generic version of its leukemia drug Gleevec. 

  • October 4, 2018

    Athena Asks Fed. Circ. To Revive Nixed Biotech Patent

    Athena Diagnostics and Oxford University Innovation Ltd. on Thursday asked a Federal Circuit panel to revive their patent for a test that diagnoses an autoimmune disease based on the presence of certain antibodies, saying a lower court erred in finding the patent covered an ineligible law of nature.

  • October 4, 2018

    Disbarred Atty, Ex-Clients Ink $19M Deal In Fen-Phen Case

    The members of an underlying class action over the popular weight-loss drug fen-phen have reached a $19 million settlement with their former attorney, a once well-known class action attorney who was disbarred after the courts found he pocketed a large portion of the $200 million fen-phen settlement.

  • October 4, 2018

    J&J Unit Strikes $3.7B Hepatitis B Gene Therapy Deal

    Johnson & Johnson subsidiary Janssen Pharmaceuticals Inc. on Thursday struck a deal with Arrowhead Pharmaceuticals Inc. worth as much as $3.7 billion to help develop and commercialize a gene therapy candidate that may serve as a treatment for chronic hepatitis B.

  • October 3, 2018

    Bard Says Vein Filter Risks Reasonable As Trial Wraps

    C.R. Bard Inc. closed out the third bellwether trial in its vein filter litigation on Wednesday with an argument that the implant’s occasional drifting and breakage were reasonable risks, while lawyers for the patient suing the device maker told a Phoenix federal jury that the company should have halted sales instead of slowly introducing a sturdier design.

  • October 3, 2018

    J&J Expert: Mesothelioma In Women Rarely Due To Asbestos​​​​​​​

    A Johns Hopkins epidemiologist testifying for Johnson & Johnson on Wednesday told a New Jersey jury that more than three-quarters of mesothelioma cases in women are not attributable to asbestos exposure, citing studies as the company defends against a woman's claims that her alleged exposure to asbestos in J&J’s baby powder caused her cancer.

  • October 3, 2018

    Senate Sends Sweeping Opioid Legislation To Trump's Desk

    The U.S. Senate on Wednesday sent a massive bipartisan bill tackling the opioid crisis to President Donald Trump after passing the wide-ranging legislation 98-1.

  • October 3, 2018

    Fla. Judge To Block Medical Marijuana Rules

    A Florida judge said Wednesday he would grant a medical marijuana treatment company's bid to block the state Health Department's licensing process, which he had previously indicated was unconstitutional.

  • October 3, 2018

    FDA Petition-Shaming Plan Gives Ammo To Antitrust Suits

    The U.S. Food and Drug Administration appears poised to shame branded-drug makers that make strategically timed objections to generic-drug approval standards, providing new ammunition for antitrust suits over delayed access to lower-cost medicines.

  • October 3, 2018

    ActiveCare Ch. 11 Sale OK'd With Liability Concerns Resolved

    A bankruptcy judge has signed off on the Chapter 11 sale of diabetes patient monitoring company ActiveCare Inc. to stalking horse bidder Telcare Inc. for $3.75 million after details related to potential cure claims were resolved.

  • October 3, 2018

    4 Firms Break From Pack In Scorching September For IPOs

    Four law firms grabbed the lion's share of work on initial public offerings during a busy September that saw 25 companies, including two blank-check companies, go public and raise more than $6.8 billion, anchored by technology and health care-related issuers plus a steady influx of China-based firms.

  • October 3, 2018

    Ill. Wants Sterigenics Plant Closed Amid Cancer Concerns

    Illinois’ environmental regulator on Tuesday pushed for a temporary shutdown of a Chicago-area medical equipment facility run by Sterigenics International Inc., amid allegations that the plant has emitted a hazardous pollutant for decades.

  • October 3, 2018

    Talc From EBay Wrongly Kept Out Of P&G Trial, NJ Court Told

    A New Jersey trial court improperly barred evidence about vintage talcum powder purchased on eBay in a suit alleging a woman developed mesothelioma from using asbestos-contaminated talcum powder sold by a Procter & Gamble Co. predecessor, her husband’s attorney told a state appellate panel Wednesday in seeking to overturn a judgment in the company’s favor.

  • October 3, 2018

    Calif. Man Says Monsanto Can't Get Redo After $298M Win

    A school groundskeeper who claims Monsanto-made herbicides contributed to his cancer asked a California federal judge to leave intact the $298 million verdict a jury returned for him in August, saying both the causation and damages findings were on solid ground.

  • October 3, 2018

    PTAB Upholds 2 Genentech Herceptin Patents, Invalidates 1

    The Patent Trial and Appeal Board on Wednesday invalidated one patent covering Genentech Inc.'s blockbuster cancer drug Herceptin, but upheld two others being challenged by Hospira Inc., Samsung Bioepis Co. Ltd. and Celltrion Inc.

  • October 3, 2018

    NJ Justices Say Garden State Law Topples Accutane Cases

    The New Jersey Supreme Court handed a victory to F. Hoffmann-LaRoche Inc. in multidistrict litigation alleging its acne drug Accutane labels didn’t adequately warn users of possible gastrointestinal side effects, ruling Wednesday that the labels were adequate under New Jersey law and that only Garden State law applies.

  • October 3, 2018

    EHealthline Appeals OK Of $3.5M Award To 9th Circ.

    EHealthline.com asked the Ninth Circuit on Wednesday to reverse an order confirming a $3.49 million arbitral award issued to its former joint-venture partners over a failed project to build a pharmaceutical manufacturing facility in Saudi Arabia.

  • October 3, 2018

    SEC Enforcement Co-Head Sees Year-End Stats As Overrated

    U.S. Securities and Exchange Commission enforcement co-director Steve Peikin told an audience of government and defense lawyers in New York on Wednesday that focusing on enforcement numbers and penalty amounts can be "counterproductive," instead highlighting the nonmonetary aspects of recent cases.

  • October 3, 2018

    J&J Suit Over Talc-Cancer Link Sent Back To Pa. State Court

    A New Jersey federal judge on Wednesday remanded one of the lawsuits alleging Johnson & Johnson's talcum powder causes cancer to Pennsylvania state court, ruling that Rite Aid, considered a Pennsylvania resident, was not fraudulently included in the complaint to defeat diversity jurisdiction.

Expert Analysis

  • In SDNY, Indicting Politicians Is The New Black

    Andrew Bauer

    The indictment earlier this month of U.S. Rep. Christopher Collins, R-N.Y., on insider trading charges is the latest in a series of prosecutions that demonstrate the Southern District of New York's growing effort to hold accountable those who take advantage of their influence for improper gain, say attorneys with Arnold & Porter.

  • 'High Availability' — A Key Term In Law Firm IT Strategy

    Jeff Norris

    While most law firm executives and partners may instinctively want to tune out terms like "high availability" and "disaster recovery" — concepts that IT managers usually worry about — there are five reasons you should lean in and wrestle with the vocabulary, say Jeff Norris of Managed Technology Services LLC and Greg Inge of information security consulting firm CQR.

  • The 'Post-Fact' Jury In The 'Fake News' Era

    Ross Laguzza

    The "fake news" phenomenon is ever more prominent in the political arena — but not in the jury box. At a trial, jurors don’t have to rely on the media or any other source to tell them the facts and issues, since they have a front-row seat to the action, says Ross Laguzza, a consultant at R&D Strategic Solutions LLC.

  • FDA Biosimilars Plan Draws From Experience With Generics

    Maria Doukas

    The U.S. Food and Drug Administration recently unveiled its Biosimilars Action Plan, intended to help streamline the development of biosimilars and promote competition across the market. This is similar to the FDA's 2017 plan focused on generic drugs, but key differences may help the BAP fare better at achieving its objectives, say attorneys at Morgan Lewis & Bockius LLP.

  • Opinion

    Fixing Rule 41: A Balanced Approach To Voluntary Dismissal

    Adam Gershenson

    As written and often applied, Federal Rule of Civil Procedure 41 — governing voluntary dismissal — allows claimants to aggressively pursue baseless claims, essentially risk-free. A simple change would recalibrate the rule to allocate risk more rationally, properly align incentives and better protect parties responding to meritless suits, say attorneys at Cooley LLP.

  • DOJ's New Policy On FCA Dismissals Highlights Circuit Split

    Nicholas Peterson

    A January memo suggested the U.S. Department of Justice may now be more willing to dismiss False Claims Act qui tam actions over the objections of relators. Defendants should familiarize themselves with an outstanding circuit split over the extent of the government’s dismissal authority, say Nicholas Peterson and Madeline Cohen of Wiley Rein LLP.

  • Peering Behind The Peer Review Curtain

    William Childs

    The U.S. Supreme Court's opinion in Daubert v. Merrell Dow Pharmaceuticals specified peer review as one criterion for evaluating scientific evidence. But not all peer review is created equal, and sometimes additional exploration — whether through discovery into your adversaries’ experts, or early investigation of your own potential experts — may make sense, says William Childs of Bowman and Brooke LLP.

  • Series

    Judging A Book: Lipez Reviews 'Last Great Colonial Lawyer'

    Judge Kermit Lipez

    In his new book, "The Last Great Colonial Lawyer: The Life and Legacy of Jeremiah Gridley," Charles McKirdy argues that Gridley — someone I had never heard of — was the last great colonial lawyer, and that his cases illuminate his times. The author largely substantiates both claims, says First Circuit Judge Kermit Lipez.

  • 9th Circ. Criticism Of Judicial Notice Trend Is Significant

    Kevin LaCroix

    The Ninth Circuit's opinion this week in Khoja v. Orexigen Therapeutics makes clear that the court is concerned about the doctrines of judicial notice and incorporation by reference being applied loosely in securities cases. This could result in fewer dismissals, or at least fewer dismissals with prejudice, at the motion to dismiss stage, says Kevin LaCroix of RT ProExec.

  • Ensnarement — A 2nd Bite At The Noninfringement Apple

    Brian D. Coggio

    Ensnarement is a potent defense to a finding of infringement under the doctrine of equivalents, as seen last month when a Massachusetts federal court granted Celltrion’s motion for summary judgment of noninfringement, holding that Janssen’s proposed hypothetical claims ensnared the prior art, say Brian D. Coggio and Ron Vogel of Fish & Richardson PC.