Life Sciences

  • November 28, 2017

    TTAB Greenlights Boehringer's 'Breathless' Trademark

    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.

  • November 28, 2017

    Akorn, Investors Get Initial OK For $24M Accounting Deal

    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.

  • November 28, 2017

    Warren Asks Trump's HHS Pick About ACA, Drug Prices

    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.

  • November 28, 2017

    PE-Backed Medpace Unveils 4M-Share Secondary Offering

    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.

  • November 28, 2017

    Deals Rumor Mill: Siemens Healthineers, Uber, Albea

    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.

  • November 28, 2017

    OIG Revokes Patient Charity's Kickback Liability Protection

    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.

  • November 28, 2017

    Allergan Hit With Antitrust Suit Over Deal With Tribe

    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.

  • November 27, 2017

    Arrested Insys Founder Kicks Off Jog-Blocking Ankle Monitor

    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.

  • November 27, 2017

    'Seminal' Allergan Cases Test Copycat Drug Limits

    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.

  • November 27, 2017

    J&J Unit Put Pelvic Mesh Profit Over Safety, NJ Jury Told

    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.

  • November 27, 2017

    Shire Trade Secrets Complaint Against Ultragenyx Accelerated

    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.

  • November 27, 2017

    7th Circ. Can't Find Bad Faith In Purchase Of Bacteria Co.

    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.

  • November 27, 2017

    Maquet Sues Abiomed Over Blood Pump Patent

    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.

  • November 27, 2017

    Del. Justices Reject Third Chance For BioScrip Investors

    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.

  • November 27, 2017

    Shkreli Mentor And Investor Says He Lied To Feds

    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.

  • November 27, 2017

    3 Life Sciences Cos., 1 Bank Launch IPOs Totaling $481M

    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.

  • November 27, 2017

    Pfizer Wants Justices To Review Lipitor Antitrust Ruling

    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.

  • November 27, 2017

    Pfizer Reaches $94M Settlement Over Celebrex Claims

    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.

  • November 27, 2017

    'Reckless' Adviser Doomed Copy Of Biogen Blockbuster: Suit

    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.

  • November 27, 2017

    Treasury, IRS Appeal Invalidation Of Anti-Inversion Rule

    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.

Expert Analysis

  • Series

    Making Pro Bono Work: Building Sponsorship Relationships

    Michael Scudder

    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.

  • Series

    Making Pro Bono Work: Beyond The Hurdles

    Ann Warren

    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.

  • Opinion

    Stacking The Deck Against Opioid Plaintiffs

    Max Kennerly

    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.

  • Stockpiling Biologics Under Hatch-Waxman Protection

    Paul Dietze

    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.

  • How District Courts Treat Patent Eligibility In Life Sciences

    Eldora Ellison

    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.

  • Still Difficult For Patent Holder To Use Equivalents Theory

    Wang.jpg

    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.

  • The Law Firm CFO’s Role In The Strategic Planning Process

    Tyler Quinn

    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.

  • Cos. Pursued By FTC Show How Not To Sell Health Products

    Holly Melton

    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.

  • Sham Affidavits In Medical Product Liability: Part 2

    James Beck

    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.

  • Opinion

    Tribal Immunity May Not Be Wonder Drug For Allergan

    Joshua Landau

    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.