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Life Sciences

  • May 9, 2018

    Neb. Tribes Sue Pharma Cos. Over 'Havoc' From Opioid Crisis

    Three Nebraska tribes accused Purdue Pharma LP, McKesson Corp. and other opioid manufacturers and distributors in federal court Tuesday of allowing their drugs to be diverted into and wreak "havoc" on tribal communities, adding to the growing number of cases against pharmaceutical companies over the opioid epidemic.

  • May 9, 2018

    VC-Backed Biotech, Louisiana Bank Price IPOs Raising $209M

    A venture-backed biotechnology startup and a private equity-backed Louisiana community bank saw shares debut Wednesday after raising a combined $209 million in initial public offerings that priced at the middle of their prospective ranges, kicking off a week with five scheduled IPOs.

  • May 9, 2018

    Ex-Pharmacist Denied Meningitis Acquittal Bid Amid Appeal

    A Massachusetts federal court reiterated Wednesday that a pharmacist convicted of 77 counts for manufacturing deadly drugs in the 2012 fungal meningitis outbreak cannot pursue an acquittal bid while simultaneously appealing the verdict.

  • May 9, 2018

    Digital Medicine Co. Reaps $55M In Temasek-Led Fundraising

    Akili Interactive Labs Inc., a prescription digital medicine company that is developing a way to use video games to treat depression, inflammatory diseases and other disorders, on Wednesday said it closed a $55 million Series C funding round led by Singapore's state-run investment firm Temasek.

  • May 8, 2018

    Some Soon-Shiong Claims Kept Alive In $47M Cash Tap Suit

    Delaware's Chancellor issued a formal opinion Tuesday backing up his signal in March that the Chancery Court would keep alive some investor claims that Patrick Soon-Shiong improperly tapped $47 million from Precision Biologics Inc. after acquiring a controlling stake in 2015.

  • May 8, 2018

    Jazz Pharmaceuticals To Pay $57M To End DOJ Inquiry

    Ireland’s Jazz Pharmaceuticals PLC has agreed to pay $57 million to resolve a U.S. Department of Justice investigation into its purported financial support of nonprofits that help Medicare patients cover out-of-pocket drug costs, according to a filing with the U.S. Securities and Exchange Commission Tuesday.

  • May 8, 2018

    Unclear If Shkreli’s Attys Can Rep His Old Co., Judge Says

    A Brooklyn federal judge halted a bid by Martin Shkreli’s old company Vyera Pharmaceuticals LLC to dismiss an ex-employee’s suit over stock he claims to have paid for but never received, saying at a hearing Tuesday Shkreli's lawyers would first have to answer for allegations that they could not represent Vyera.

  • May 8, 2018

    Genentech Defends Herceptin Dosing Patents Before PTAB

    Genentech Inc. defended two dosage patents for blockbuster breast cancer drug Herceptin against assertions of obviousness by Hospira Inc. by telling a Patent Trial and Appeal Board panel the Pfizer Inc. unit had failed to show a skilled practitioner in 1999 would have expected the drug to remain effective after three weeks.

  • May 8, 2018

    Drug Execs Deny Blame For Role In Opioid Crisis

    Four executives for drug distributors including Cardinal Health Inc. and McKesson Corp. on Tuesday told lawmakers their companies didn't feed the deadly opioid crisis, although another admitted his company did play a role in the ongoing epidemic.

  • May 8, 2018

    Widow Says Atty's Duty Included Safeguarding Frozen Sperm

    A California state judge indicated Tuesday he would pare a lawsuit filed by a software company CEO’s widow claiming an attorney, a fertility center and her husband’s former mistress together owe over $27 million for unlawfully using her husband’s frozen sperm to impregnate the mistress after his death.

  • May 8, 2018

    DEA Must Divulge National Data In Opioid MDL, Judge Rules

    The U.S. Drug Enforcement Administration must disclose nationwide data on opioid sales as part of multidistrict litigation over the opioid crisis, an Ohio federal judge ruled Tuesday, saying it will expand on state information that has been "extremely informative" for plaintiffs' lawyers.

  • May 8, 2018

    30 Calif. Counties Suing Opioid Makers, Distributors

    Thirty California counties are suing top drugmakers and distributors for their alleged role in America’s opioid epidemic, joining a wave of public entities that have filed similar suits around the country with the expectation their cases will be transferred into multidistrict litigation, according to a statement released Tuesday by Baron & Budd PC.

  • May 8, 2018

    GSK Can't Make Hagens Berman Pay Special Master Fees

    A Pennsylvania federal judge on Tuesday denied a bid from GlaxoSmithKline and other pharmaceutical companies to have Hagens Berman Sobol Shapiro LLP foot the bill for costs incurred by a special master looking into whether the firm can stop representing thalidomide birth defect clients, saying the special master isn’t done.

  • May 8, 2018

    Deals Rumor Mill: Walmart, Comcast, Bunge

    Uber's and Lyft's online grocery delivery deals with Walmart are over, Comcast is getting ready to make an all-cash offer for the 21st Century Fox assets that are currently set to be sold to Disney, and Bunge tapped banks to help it list its Brazilian sugarcane mills.

  • May 8, 2018

    States Get 'Modest' Tax Help From Cannabis, Moody's Says

    Tax revenue from cannabis sales makes up only a small portion of overall tax revenue in states that have legalized marijuana, despite an explosion in the amount of sales, according to a Tuesday report from Moody’s Investors Service.

  • May 8, 2018

    Valeant To Pay Calif. Insurance Dept. $1.9M Over Philidor Ties

    Valeant Pharmaceuticals Inc. has agreed to pay $1.87 million to the California Department of Insurance to settle allegations it didn’t prevent specialty pharmacy Philidor Rx Services LLC from submitting fraudulent claims for reimbursements of Valeant products, the agency’s commissioner announced Monday, building on a multiyear controversy over the companies' relationship.

  • May 8, 2018

    Vanda Sues 2 Pharma Cos. Over Sleep Disorder Drug Patents

    Vanda Pharmaceuticals Inc. on Monday sued two pharmaceutical companies in Delaware federal court for infringing its patents for a sleep disorder medication after the two companies applied to sell generic versions of the brand-name drug.

  • May 8, 2018

    McCarter & English Lands Ex-McDermott Patent Pro In Boston

    McCarter & English LLP has expanded its intellectual property practice group in Boston with the addition of a former McDermott Will & Emery LLP partner, according to the firm.

  • May 8, 2018

    Arnold & Porter Sanctioned In Boston Scientific IP Case

    A California federal judge sanctioned Arnold & Porter on Tuesday to the tune of $2,500 for filing frivolous motions to seal public documents on behalf of Boston Scientific Corp. in its fight against Nevro Corp.’s patent infringement suit, warning that “next time, the sanction will be far heavier.”

  • May 8, 2018

    UK Cancer Biotech, Trucking Co. File IPOs Totaling $200M

    A United Kingdom biotechnology firm hoping to cure cancer in certain patients said Tuesday it has filed a $100 million initial public offering, preceded earlier this week by a U.S. trucking company that submitted a similar sized offering, adding to the near-term IPO pipeline.

Expert Analysis

  • J&J Case Raises Estoppel Issue For Successful IPR Litigants

    Roshan Shrestha

    In a case of first impression that may have significant, unforeseen consequences, a division of Johnson & Johnson is seeking to prevent accused infringers from asserting at trial the arguments that were successful in an inter partes review proceeding. The New Jersey federal court should deny the motion, say Roshan Shrestha and Stephen Auten of Taft Stettinius & Hollister LLP.

  • Applying The Business Judgment Rule To Director Pay Claims

    Robert Quirk

    When assessing a corporate board’s response to a shareholder’s “demand” to take “all necessary actions” to correct alleged compensation-related misconduct by its directors, what legal standard applies? A New York state judge's recent decision in Solak v. Fundaro helps to answer this question, say Robert Quirk and Muhammad Faridi of Patterson Belknap Webb & Tyler LLP.

  • What To Do During A Product Recall

    Derin Kiykioglu

    Maintaining consumer trust during a recall is key. When a company is transparent, consistent and responsive, it may maintain — and potentially surpass — prior levels of consumer satisfaction, say Derin Kiykioglu and Jonathan Judge of Schiff Hardin LLP.

  • 3 New Settlements Highlight DOJ Scrutiny Of Device Makers

    John Bentivoglio

    While it appears that the pace of settlements involving medical device makers in the first quarter of 2018 has been high, a more thorough look shows that these companies, as well as individual executives and employees, have been the target of criminal and civil enforcement officials for years, say John Bentivoglio and Jennifer Bragg of Skadden Arps Slate Meagher & Flom LLP.

  • 'Malpractice' By A Computerized Decision-Support Tool?

    Charles Weiss

    Skounakis v. Sotillo, a case recently decided by the New Jersey Appellate Division, illustrates circumstances in which tort claims are brought against the supplier of a clinical computerized decision-support tool, and some of the issues that can arise in this type of case, says Charles Weiss of Holland & Knight LLP.

  • What To Do Before A Product Recall

    Derin Kiykioglu

    Any company — no matter how well-run — may experience a consumer product recall. Managing recall risk is as much about being ready to respond to recalls properly as it is about preventing them, say Derin Kiykioglu and Jonathan Judge of Schiff Hardin LLP.

  • Innovator Liability Is The Least Scary Thing About Rafferty

    Terry Henry

    Rafferty v. Merck, the recent decision from the Supreme Court of Massachusetts, held that a brand drug manufacturer can be liable for harm caused when a patient takes a generic version of its drug. A particularly troubling aspect of Rafferty is that the court buried the learned intermediary doctrine, says Terry Henry of Blank Rome LLP.

  • Global Health Care Compliance: Spotlight On Korea

    Mimi Yang

    In addition to the possibility of increased enforcement by U.S. regulators, Korea has pursued an increasingly stringent and aggressive anti-corruption regime, recently implementing its Sunshine Act. Life sciences companies operating in Korea must take steps to ensure compliance with local requirements, say Mimi Yang and Karen Oddo of Ropes & Gray LLP.

  • Innovator Liability: A Pandora’s Box For Pharma Cos.?

    Monee Hanna

    A number of state high courts have recently held brand-name prescription drug manufacturers liable for inadequate labeling claims brought by patients who took generic equivalents. While only a few states have endorsed this doctrine, the trend may be growing, say Monee Hanna and Nicholas Janizeh of Tucker Ellis LLP.

  • Why Bristol-Myers Applies To Federal Class Actions

    William Delgado

    The U.S. Supreme Court's Bristol-Myers Squibb ruling, limiting state courts' personal jurisdiction over nonresident defendants, did not speak to whether the Fifth Amendment imposes similar limits on federal courts' personal jurisdiction. But the Fourteenth Amendment generally protects defendants from service of process by foreign jurisdictions, say William Delgado and Amelia Sargent of Willenken Wilson Loh & Delgado LLP.