The Trademark Trial and Appeal Board on Monday ruled that drugmaker Boehringer Ingelheim Pharmaceuticals Inc. can register “breathless” as a trademark for promoting awareness about a rare fatal lung disorder, overturning an examining attorney’s refusal.
An Illinois federal judge granted preliminary approval Tuesday for Akorn Pharmaceuticals to pay $24 million to end class allegations the company inflated revenue figures based on faulty accounting practices.
U.S. Sen. Elizabeth Warren of Massachusetts sent a letter Tuesday to the nominee for secretary of the U.S. Department of Health and Human Services in advance of a confirmation hearing, raising concerns about his time at Eli Lilly & Co. and his “outspoken criticism” of the Affordable Care Act, among other things.
Private equity-backed contract research organization Medpace Holdings Inc. has proposed a secondary offering that would enable majority shareholder Cinven Capital Management to unload 4 million shares, potentially raising about $138.1 million based on the recent stock price.
Siemens is leaning toward Frankfurt, Germany, for the initial public offering of its multibillion-dollar medical equipment business, SoftBank is leading a group of investors that will try to buy a sizable stake in Uber, and Sun Capital has received multiple offers for French packaging company Albea.
In an unprecedented move, the Office of Inspector General for the U.S. Department of Health and Human Services on Tuesday revoked an advisory opinion shielding a patient-assistance charity from kickback liability, calling the charity a potential “conduit” for drug industry dollars.
Allergan Inc. was hit with a lawsuit on Monday by a proposed class of indirect purchasers who bought the dry-eye treatment Restasis at allegedly “supracompetitive prices,” saying the company entered into a deal with a Native American tribe to avoid patent invalidation.
A Massachusetts federal judge Monday ruled that the founder of Insys Therapeutics Inc. could remove an electronic monitoring device that interfered with his jogging, saying the government hadn’t shown that the billionaire, accused of orchestrating a conspiracy to bribe doctors to prescribe his opioid painkiller, was a flight risk.
Two recently filed lawsuits from Allergan PLC are teeing up a pivotal test of the extent to which drug compounders can mass-produce virtual copies of brand-name prescription drugs, attorneys say.
Counsel for a woman alleging she has suffered debilitating pain from a pelvic floor support mesh product made by Johnson & Johnson unit Ethicon told a New Jersey jury during Monday opening statements that Ethicon had intentionally blown through safety measures in its greed for sales.
A Boston federal judge agreed on Monday to fast-track two pharmaceutical companies’ legal battle over their allegedly dueling access to a handful of doctors specializing in the treatment of ultra-rare enzyme deficiencies.
The Seventh Circuit on Monday affirmed the dismissal of claims arising from a $5.5 million purchase of a bacteria company that allegedly concealed product-quality issues, finding the buyer could not legally prove bad faith even if there were dubious practices behind the scenes.
Maquet Cardiovascular LLC sued Abiomed Inc. for patent infringement in Massachusetts federal court last week, seeking to add damages and royalties for a recently approved patent to the companies' ongoing intellectual property feud over the technology rights to intravascular blood pumps.
Delaware's Supreme Court on Monday shot down a class attempt to resurrect an already-recycled suit against directors of home infusion and pharmacy service company BioScrip Inc., prompted by insider trading and drug kickback scandals.
An investor and onetime mentor of Martin Shkreli on Monday told jurors in the trial of the controversial former pharmaceutical executive’s ex-attorney of how he lied to FBI agents when questioned about what prosecutors say was a sham consulting agreement with Shkreli-founded Retrophin Inc.
Three venture-backed life sciences companies and a California bank launched initial public offerings on Monday that could raise a combined $481 million, setting the stage for an upturn in deals following a Thanksgiving pause.
Pfizer Inc. and generic-drug maker Ranbaxy Inc. have asked the U.S. Supreme Court to review a decision by the Third Circuit to revive allegations in multidistrict litigation accusing Pfizer of making an illegal reverse payment to keep Ranbaxy’s generic version of cholesterol drug Lipitor off the market, saying antitrust scrutiny isn’t appropriate for “commonplace” and “traditional” settlements such as the one at issue.
Pfizer and a class of direct purchasers who allege the drugmaker used fraudulent patents to delay generic competition for its anti-inflammatory drug Celebrex have told a Virginia federal court that they have reached a $94 million settlement agreement.
The “reckless indifference” of a prominent pharmaceutical adviser cost a generic-drug maker exclusive rights to sell a copy of Biogen Inc.’s blockbuster multiple sclerosis drug Tecfidera, according to a new lawsuit filed in New York federal court.
The U.S. Department of the Treasury and the Internal Revenue Service announced on Monday that they are appealing a Texas federal court’s decision to invalidate the anti-inversion rule that sank a planned $160 billion merger between Pfizer Inc. and Irish counterpart Allergan PLC.
Federal courts across the country are handing down important rulings interpreting the U.S. Supreme Court’s landmark decision on False Claims Act liability in Universal Health Services v. Escobar. As the rulings keep pouring in, stay up to speed on Law360’s latest coverage and analysis of Escobar’s impact.
Within their first year, associates should make it a priority to take on a pro bono matter and approach a partner about supervising the project. By collaborating with a partner on a pro bono case, young associates can cultivate sponsorship relationships while simultaneously contributing to the public good, say Michael Scudder and Jay Mitchell of Skadden Arps Slate Meagher & Flom LLP.
There are various barriers to corporate pro bono work, including lack of malpractice insurance coverage, limited resources, and the transactional nature of the majority of in-house legal work. But at the end of the day, we’ve overcome many of these barriers, says Ann Warren, associate general counsel of Duke Energy Corp.
The U.S. Chamber of Commerce and the pharmaceutical lobby continue to file briefs with the purpose of making it impossible to sue drug manufacturers who have clearly broken federal law. If they succeed, states, individuals and health benefit plans may never get a fair day in court, says Max Kennerly of Kennerly Loutey LLC.
Recent biosimilars cases have raised questions regarding whether the Hatch-Waxman Act safe harbor provision protects commercial stockpiling. Though there is surprisingly little case law on this issue, the existing case law supports that stockpiling is at least partially protected, say attorneys with Haynes and Boone LLP.
We analyzed district court litigations in the life sciences from June 2013 through June 2017. During that period, 26 sets of biotechnology-related patents were adjudicated for patent eligibility, and slightly more than half survived, say Eldora Ellison and Jaume Canaves of Sterne Kessler Goldstein & Fox PLLC and Paul Golian, assistant general counsel at Bristol-Myers Squibb Co.
The courts have come up with various ways of limiting the application of the "doctrine of equivalents" infringement theory. The Federal Circuit's recent decision in Jang v. Boston Scientific demonstrates an example of the ensnarement rule, says Alan Wang of Haynes and Boone LLP.
Today's law firm chief financial officer should be involved in many areas beyond traditional financial management, including operations, risk management and information technology. He or she can support strategic planning throughout the process, from development of the plan to its implementation, measurement and eventual evolution, say Tyler Quinn and Marc Feigelson of Kaufman Rossin PA.
A recent settlement between the Federal Trade Commission, the Maine Attorney General's Office and dietary supplement retailers accused of deceptive practices offers a case study in what marketers should not do. All claims should be supported by reliable scientific evidence, and terms and conditions of offers should be fully disclosed to the consumer, says Holly Melton of BakerHostetler.
When a witness says one thing in a deposition, but later offers an affidavit directly contradicting the prior testimony, with no credible explanation, the U.S. Supreme Court has held that the affidavit should be disregarded. James Beck of Reed Smith LLP offers a survey of significant medical product liability cases in which both plaintiffs' experts and plaintiffs themselves have contradicted their own prior statements.
Even though four of Allergan’s patents were invalidated in the Eastern District of Texas on Monday, the inter partes reviews will likely continue. While the Saint Regis Mohawk Tribe's sovereign-immunity motion may succeed at the Patent Trial and Appeal Board, Congress can — and should — render this whole debate moot, says Joshua Landau, patent counsel at the Computer and Communications Industry Association.