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Life Sciences

  • November 29, 2018

    PTAB Upholds Patent For Akorn Glaucoma Drug Zioptan

    The Patent Trial and Appeal Board has upheld a patent covering Akorn Inc.’s glaucoma medication Zioptan, following an inter partes review in which the board pressed forward despite the challenger backing out.

  • November 29, 2018

    Sterigenics Suits Belong In State Court, Ill. Residents Say

    Residents of a Chicago suburb have urged an Illinois federal judge to send back to state court three lawsuits over claims that sterilization company Sterigenics knowingly emitted cancerous chemicals from a local facility for decades without disclosing the risks, saying their suits don't implicate the Clean Air Act, only state law claims.

  • November 29, 2018

    Insys Founder Must Turn Over Docs In Opioid Probe, Feds Say

    The billionaire founder and former chairman of Insys Therapeutics Inc. cannot withhold company documents from federal prosecutors seeking to prove a conspiracy to bribe doctors to prescribe fentanyl-based drugs just because he happens to be in possession of them, the government said Thursday.

  • November 29, 2018

    5 Mos. Sought For Biotech Exec Who Pled Guilty After Mistrial

    Boston federal prosecutors requested a five-month prison sentence Thursday for the former chairman of a small California biotechnology company who took a plea deal after his trial on allegations of lying to the U.S. Securities and Exchange Commission ended in a hung jury.

  • November 29, 2018

    JPML Wary Of Special Litigation For 'Opioid Babies'

    The Judicial Panel on Multidistrict Litigation appeared disinclined Thursday to create a new MDL for “opioid babies” whose mothers used prescription narcotics, sharply questioning whether such a move would actually expedite the infants’ suits.

  • November 28, 2018

    3rd Circ. Upholds Case Transfer Limits On Bankruptcy Courts

    In a precedential decision clarifying the reach and authority of bankruptcy courts, the Third Circuit on Wednesday upheld a Delaware bankruptcy judge’s finding in 2012 that his court lacked jurisdiction to transfer a liquidating trustee’s adversary proceeding to a district court in Pennsylvania.

  • November 28, 2018

    Mylan Asks Supreme Court To Rein In 'Tactical' Drug Patenting

    Mylan Inc. and other generic drug companies have asked the U.S. Supreme Court to review a Federal Circuit decision that upheld a UCB Inc. patent on epilepsy drug Vimpat, telling the justices UCB has been allowed to patent the same invention twice.

  • November 28, 2018

    Ex-Zimmer Exec Loses Benefits Bid In Sex Discrimination Suit

    A former Zimmer Biomet Holdings Inc. executive wasn’t eligible for severance or stock options when she left the medical device manufacturer, as she failed to prove that her resignation fell under a carve-out in her employment contract, an Indiana federal judge has ruled as part of a sex discrimination suit.

  • November 28, 2018

    2 Attys Charged, Face SEC Suit Over Pump & Dump Scheme

    Two international tax attorneys were hit with criminal charges and a civil complaint by the U.S. Securities and Exchange Commission in Massachusetts federal court in connection with multiple multimillion-dollar pump-and-dump schemes, officials said Tuesday.  

  • November 28, 2018

    Mylan Pushes For Consumer Witnesses In Battle With Celgene

    Mylan Pharmaceuticals has urged a New Jersey federal judge to allow it to add three consumer witnesses in its case accusing Celgene Corp. of stifling generic competition for the brand-name cancer drugs Thalomid and Revlimid, saying they can testify about the scheme's impact on drug prices.

  • November 28, 2018

    AbbVie Tries To Ax Investor Suit Over $100M Stock Drop

    AbbVie Inc. urged an Illinois federal judge on Tuesday to toss a proposed class action over a corrective disclosure released after a stock buyback effort that shareholders said cost them $100 million, arguing that the investors failed to make any adequate fraud or negligence claims.

  • November 28, 2018

    Deals Rumor Mill: Sears, Murphy Oil, GSK

    Cyrus Capital Partners could team up with the Sears chairman’s hedge fund to bid for Sears, Murphy Oil Corp. is reportedly discussing a deal to sell Malaysian oil and gas assets, and Unilever is the leading bidder for GlaxoSmithKline’s Indian consumer health unit.

  • November 28, 2018

    Med Tech Co. Seeks DC Circ. Review Of $400M Award Denial

    A medical technology business is seeking a rehearing en banc at the D.C. Circuit after a panel affirmed that a $400 million arbitral award the company secured against the Czech Republic Ministry of Health was not enforceable, asserting the ruling conflicts with standards for confirmation laid out by other circuit decisions.

  • November 28, 2018

    Drug Co. Can’t Duck Opioid Questions In Pay-For-Delay Suit

    Rochester Drug Cooperative won’t be able to dodge questions about a federal investigation into opioid sales during upcoming depositions in its proposed class action accusing Actavis LLC and Shire LLC of settling a patent dispute over an ADHD drug on anti-competitive terms, a Massachusetts federal judge ruled Tuesday.

  • November 28, 2018

    FDA Approves First Non-Hodgkin's Lymphoma Biosimilar

    The U.S. Food and Drug Administration on Wednesday approved Celltrion and Teva’s version of the blockbuster cancer treatment Rituxan, marking the first biosimilar approved in the U.S. to treat non-Hodgkin’s lymphoma.

  • November 28, 2018

    Goodwin-Led Biotech Co. Moderna Sets Sights On $500M IPO

    Massachusetts-based biopharmaceutical firm Moderna Inc. on Wednesday said it expects to bring in $500 million at the midpoint of its price range for its upcoming initial public offering, led by Goodwin Procter LLP.

  • November 28, 2018

    Merck Tells Justices Misconduct Doesn’t Nix $200M IP Award

    The Federal Circuit’s extension of a so-called unclean hands defense to wipe out a $200 million patent verdict Merck won against Gilead over hepatitis C drugs after a Merck in-house attorney purportedly exhibited "dishonest and duplicitous" behavior conflicts with U.S. Supreme Court precedent, Merck told the high court Tuesday.

  • November 28, 2018

    Full Fed. Circ. Asked To Skip 'Blocking Patent' Case

    Generics makers Roxane and Teva urged the full Federal Circuit Tuesday not to rehear a decision invalidating four Acorda patents on the multiple sclerosis drug Ampyra, arguing that the ruling was a careful application of the so-called blocking patent doctrine, not an expansion of it.

  • November 28, 2018

    Insys Ex-VP To Cooperate With Gov't In Opioid Kickback Case

    The former vice president of sales at Insys Therapeutics pled guilty to racketeering conspiracy in Boston federal court Wednesday, saying he would help prosecutors in their case against his bosses and subordinates for allegedly bribing doctors to prescribe dangerous fentanyl-based painkillers.

  • November 28, 2018

    Eli Lilly Wins Stay In Eagle Antitrust Suit Amid Patent Fight

    A Delaware federal court has granted Eli Lilly and Co.’s request to stay an antitrust suit brought by Eagle Pharmaceuticals Inc., saying that waiting until a related patent infringement case is resolved would simplify things.

Expert Analysis

  • From Medicine To Sexbots, AI Raises Liability Questions

    Ileana Blanco

    Artificial intelligence is already in use for applications like calculating drug dosages for cancer patients. But future uses of AI could range much further, perhaps even as depicted in TV shows like "Westworld." We are only beginning to grapple with how the law will treat liability issues raised by such technological advances, says Ileana Blanco of DLA Piper LLP.

  • Opinion

    Insurers Are Well-Positioned To Address Opioid Epidemic

    Matt Eyles

    By combining effective education, prevention, behavioral health care and evidence-based treatment, health insurance providers are making real progress in the fight against opioid addiction, says Matthew Eyles of America's Health Insurance Plans.

  • ​Takeaways From Senate Antitrust Enforcement Hearing

    Joseph Bial

    While testifying before the Senate's antitrust subcommittee earlier this month, the chairman of the Federal Trade Commission and the head of the U.S. Department of Justice Antitrust Division provided additional detail about several of the agencies’ initiatives, say attorneys with Paul Weiss Rikfind Wharton & Garrison LLP.

  • Need Litigation Finance? Don't Skip These 5 Steps

    Molly Pease

    The process of applying for litigation financing isn’t difficult, but few do it right the first time. Following five steps in your application process will help make sure litigation funders are convinced of the value of your company's legal claims, says Molly Pease of Curiam Capital LLC.

  • Assessing Employment Rights Of NJ Medical Marijuana Users

    Sherri Affrunti

    A New Jersey federal court's decision in Cotto v. Ardagh — the first case to evaluate the employment rights of medical marijuana users in the state — provides persuasive authority that private employers are not obligated to waive or relax their drug testing requirements, say Jill Vorobiev and Melissa Ferrara of Reed Smith LLP.

  • ​Are You Ready For Your Congressional Investigation?

    Brian Smith

    ​The Democratic Party is ​expected to take control of the House of Representatives next year,​ ​which​ will dramatically increase the congressional investigations risks for ​the ​private sector.​ Prime targets include pharmaceutical, financial services and technology ​companies, says Brian Smith of Covington & Burling LLP.

  • A New Framework For 'Blocking Patents' And Obviousness?

    winston.jpg

    Secondary considerations can be a useful tool for patent owners attempting to overcome an obviousness challenge. However, the Federal Circuit's decision last month in Acorda v. Roxane leaves the treatment of secondary considerations in question when a so-called “blocking patent” may exist, say Daniel Winston and Bryana McGillycuddy of Choate Hall & Stewart LLP.

  • A Holistic Approach To Client Retention

    Dan Tacone

    In an era when law firms are fighting for business and clients can dictate the terms of the relationship, "value" has become a moving target. Firms that take a proactive approach by using strategies designed to articulate value over time will gain the competitive advantage, says Dan Tacone at Intapp Inc.

  • Q&A

    A Chat With Allens Pricing Chief Pier D'Angelo

    Pier D'Angelo

    In this monthly series, Amanda Brady of Major Lindsey & Africa interviews management from top law firms about the increasingly competitive business environment. Here we feature Pier D'Angelo, chief pricing and practice officer at Allens.

  • CFIUS Pilot Program: Immediate Investment Implications

    Ama Adams

    The Committee on Foreign Investment in the United States has announced a pilot program to review noncontrolling foreign investments in certain U.S. industries that were formerly outside the scope of its jurisdiction. This is a rapid assertion of CFIUS' new powers under the Foreign Investment Risk Review Modernization Act, say attorneys with Ropes & Gray LLP.