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Life Sciences

  • July 31, 2018

    Insys Founder Tries To Exit Suit Over Drug-Related Death

    The founder of Arizona-based opioid manufacturer Insys Therapeutics Inc. has urged a New Jersey federal court to release him from a couple’s lawsuit over their daughter’s drug-related death, arguing he has nothing to do with claims arising in the Garden State.

  • July 31, 2018

    Allergan Says Imprimis' Bad Faith Discovery Merits Sanctions

    Allergan USA Inc. urged a California federal court Monday to sanction Imprimis Pharmaceuticals Inc. for violating a discovery order in a false advertising case by refusing to hand over documents in the time period set out by the court and then unilaterally setting criteria for what it had to hand over.

  • July 31, 2018

    ​​​​​​​FDA Warning Wire: Um, Don't Make Medicines In Kitchen Pots

    A California drugmaker produced biopsy medicines using cookware and power tools, a high-end skincare company distributed bacteria-laced products, and a Japanese drugmaker didn't disclose failing test results, the U.S. Food and Drug Administration said in newly released warning letters.

  • July 31, 2018

    PTAB Must Redo Suboxone Patent Reviews Post-SAS

    The Federal Circuit on Tuesday threw out decisions from the U.S. Patent Trial and Appeal Board that upheld parts of an Aquestive Therapeutics Inc. patent related to opioid addiction treatment Suboxone, ordering the board to reconsider the challenges in the wake of the U.S. Supreme Court's SAS Institute decision.

  • July 31, 2018

    Merck Says Vaccine Bundles Caused Low Prices, Not Harm

    Merck Sharp & Dohme Corp.'s bundling of pediatric vaccines isn’t anti-competitive because it kept prices at “rock bottom” and didn’t block other companies from competing, the drugmaker told a Pennsylvania federal court Monday in a bid to boot a proposed class action.

  • July 30, 2018

    Pharma Co. Duped Investors In $61M Offering, Suit Says

    Tetraphase Pharmaceuticals Inc. withheld vital information from shareholders about the development of an experimental antibiotic when it issued a $61 million secondary public offering to fund a drug trial in July 2017, according to a proposed class action filed Friday in New York federal court.

  • July 30, 2018

    Lawyers Compete To Represent Zetia Buyers In Antitrust Case

    More than a half-dozen law firms representing buyers of the cholesterol drug Zetia launched competing bids Friday to act as interim counsel for end payors for the drug in an antitrust MDL accusing Merck & Co. of orchestrating a pay-for-delay scheme to keep a generic version of the drug off the market.

  • July 30, 2018

    Ex-Biotech CEO A 'Total Moron' But No Crook, NY Jury Hears

    A former biotech CEO from Massachusetts who once ran a $48 million diagnostics company went before a Manhattan federal jury Monday to try to sink charges of stealing from investors, arguing his efforts in the fight against cancer were real but he was a “total moron” for commingling funds.

  • July 30, 2018

    Jury Awards Hologic $5M For NovaSure Patent Infringement

    A Delaware federal jury on Friday said Minerva Surgical Inc. should pay Hologic Inc. $4.8 million for infringing a patent covering the endometrial ablation treatment NovaSure, but lessened the blow by finding the infringement wasn’t willful.

  • July 30, 2018

    FDA Rejects Insys Painkiller Spray Over Safety Concerns

    The U.S. Food and Drug Administration has rejected Insys Therapeutics Inc.'s new opioid painkilling spray over potential safety concerns, the company said.

  • July 30, 2018

    PTAB Nixes CardioNet Unit's Heart Monitor Patent

    Heart monitor maker InfoBionic Inc. has knocked down yet another CardioNet LLC patent that it was accused of infringing, with the Patent Trial and Appeal Board holding Friday that the data transmission technology the patent covered was obvious.

  • July 30, 2018

    Israeli Pharma Co. To Pay $2M To End Stock-Drop Suit

    Shareholders in Israeli pharmaceutical company Kitov Pharmaceuticals asked a New York federal judge on Friday to approve a $2 million deal to settle allegations the company and its CEO falsified late-stage trial results for a hypertension treatment and forced stocks to drop.

  • July 30, 2018

    FDA Sounds Alarm Over 'Vaginal Rejuvenation' Treatments

    The U.S. Food and Drug Administration on Monday alerted patients and physicians to unproven treatments promising “vaginal rejuvenation” and released seven letters that questioned device companies over their marketing practices.

  • July 30, 2018

    Morgan Lewis Nabs 7-Partner IP Team From McDermott

    A seven-member intellectual property team has joined Morgan Lewis & Bockius LLP as partners, jumping off from McDermott Will & Emery LLP, the attorneys' new firm announced Monday.

  • July 27, 2018

    Law360 Names Top Attorneys Under 40

    The 168 attorneys selected as Law360's 2018 Rising Stars are lawyers whose accomplishments belie their age. From guiding eye-popping deals to handling bet-the-company litigation, these elite attorneys under 40 are leading the pack.

  • July 27, 2018

    Pomerantz Named Lead Counsel In Antares Pharma Fraud Suit

    A New Jersey federal judge on Friday appointed Pomerantz LLP and Lite DePalma Greenberg LLC as lead counsel and liaison counsel, respectively, and the firms’ client as lead plaintiff in a putative securities class action against Antares Pharma Inc. over allegedly false and misleading statements about its testosterone medication.

  • July 27, 2018

    Individualized Claims Thwart Testosterone RICO MDL

    An Illinois federal judge rejected a bid to certify a class of third-party payors bringing Racketeer Influenced and Corrupt Organizations Act claims against AbbVie Inc., Eli Lilly & Co. and other makers of testosterone replacement therapy products, saying the allegations are too individualized to proceed as a whole.

  • July 27, 2018

    Monsanto Herbicide's Link To Cancer Sound, Jury Told

    An agricultural economist refuted Monsanto's assertion that the World Health Organization’s International Agency for Research on Cancer "cherry picked" studies to conclude that Monsanto's herbicides cause cancer, testifying during a landmark California jury trial Friday that the IARC based its findings on sound science.

  • July 27, 2018

    Ex-Insys Execs Say Feds' Bid To Redo RICO Case Is Futile

    A group of former Insys Therapeutics Inc. executives told a Massachusetts federal judge Friday that a recent government bid to clarify the racketeering charges they face for allegedly bribing doctors to prescribe their expensive fentanyl spray comes up short of the legal standard, and another trip to the grand jury will not fix the indictment’s flaws.

  • July 27, 2018

    Tibet Pharma Investors Escape Dismissal For Now In IPO Row

    A New Jersey federal judge on Friday rejected a bid to remove three lead plaintiffs from a class action alleging Tibet Pharmaceuticals Inc. lied about its financial health before its 2011 initial public offering, saying discovery was needed to determine whether they have standing to remain in the case.

Expert Analysis

  • Vaccine Mandates And Lessons On Legal Compliance

    Alan Berkowitz

    Terminating or disciplining an employee who declines to get a vaccine because of a disability or religious belief exposes an employer to significant risk of a discrimination lawsuit. In Ruggiero v. Mount Nittany Medical Center, the Third Circuit established a relatively low threshold for employees to get past the initial pleading stage, say attorneys with Dechert LLP.

  • Merck Patent Case Supports Use Of 'Unclean Hands' Defense

    Francis C. Lynch

    The Federal Circuit recently held that unclean hands based on serious business and litigation misconduct barred Merck from enforcing two patents against Gilead. An analysis of this decision and others demonstrates that the unclean hands defense should be considered in a variety of cases, says Francis C. Lynch, a retired senior partner at Goodwin Procter LLP.

  • Some Good Prop 65 News For Businesses

    Robert Falk

    It is rare for anything having to do with California’s infamous Proposition 65 warning law to be welcomed by businesses, but a dizzying flurry of recent developments may prove an exception, say attorneys with Morrison & Foerster LLP.

  • What The AbbVie Decision Says About Sham Patent Cases

    Leslie John

    The recent Pennsylvania federal court decision in Federal Trade Commission v. AbbVie is likely to have significant effects on antitrust cases challenging patent litigations as shams, say Leslie John and Stephen Kastenberg of Ballard Spahr LLP.

  • Roundup

    From Lawmaker To Lawyer

    From Lawmaker To Lawyer

    Earlier this year, Rep. Trey Gowdy, R-S.C., made headlines with his decision to leave Congress and return to law. ​​In this series, former members of Congress who made that move discuss how their experience on the Hill influenced their law practice.

  • New Support For Insureds Facing Government Subpoenas

    Caroline Meneau

    A recent decision from the Northern District of Illinois highlights the continued litigation around the scope of directors and officers liability insurance coverage for government investigations. Astellas v. Starr is a win for policyholders, reasoning that compliance with a government subpoena is essentially mandatory, say Caroline Meneau and Brian Scarbrough of Jenner & Block LLP.

  • Opinion

    A Trump Supreme Court Nominee Can Be Defeated

    Nan Aron

    The Senate Republican leadership and the Trump administration are racing to fill Justice Anthony Kennedy’s spot on the U.S. Supreme Court. Does opposition to their plans have any chance of success? My answer is yes, because the stakes are so high, people are so engaged, and the records of those short-listed are so deeply troubling, says Nan Aron, president of Alliance for Justice.

  • Limiting Law Firms' Professional Liability Risks: Part 3

    Stuart Pattison

    As clients increasingly look to limit their own liability exposure, they can reasonably expect that their retained counsel should do the same. In this context, a carefully crafted, thoughtfully presented engagement letter can help a law firm strike a successful balance between protecting itself and preserving a client relationship, say Stuart Pattison and John Muller of Sompo International Holdings Ltd.

  • New Stats On Millennial Attorney Disciplinary Actions

    Jean Edwards

    In this analysis of disciplinary action trends in the legal industry, Edwards Neils LLC managing member Jean Edwards examines data provided by bar organizations for 17 states and the District of Columbia.

  • A Midyear Review Of State Attorney General Enforcement

    Joe Jacquot

    While appealing to voters this election season, attorney general candidates will inevitably target industries with promises of using their state enforcement powers. AGs are also increasingly defining themselves publicly by reacting to the federal government, whether by filing a lawsuit against the president or opposing congressional acts, says Joe Jacquot of Foley & Lardner LLP.