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Life Sciences

  • November 20, 2018

    Dr. Reddy’s, Mylan Win Challenge To Arthritis Drug Patents

    A New Jersey federal judge on Monday invalidated patents covering Horizon Pharma Inc.’s arthritis drug Vimovo in its suit against Dr. Reddy’s Laboratories Inc. and Mylan Pharmaceuticals Inc. over their plans to manufacture and market generic versions, finding a claim term in the patents to be indefinite.

  • November 20, 2018

    Fed. Circ. Says Analysis Lacking In Nix Of Quillivant IP

    The Federal Circuit ruled Tuesday that a Delaware federal court failed to adequately explain why it invalidated patent claims covering Tris Pharma Inc.’s ADHD treatment Quillivant XR, breathing new life into the drugmaker’s infringement lawsuit against a unit of Teva Pharmaceuticals.

  • November 20, 2018

    J&J Again Asks Pa. Mesh Judge To Recuse Over Family Ties

    After unsuccessfully pushing the issue in another case this year, a Johnson & Johnson unit is asking a Pennsylvania judge to step aside from an upcoming pelvic mesh injury trial based on concerns that his mother was pursuing her own product liability claims against the company.

  • November 20, 2018

    Pension Fund Slams Firm's Bid To Shed Valeant Fraud Suit

    An Arizona public pension fund shot back at a hedge fund management company seeking to escape a multibillion-dollar securities class action over Valeant Pharmaceuticals International Inc.’s massive stock drop, reminding a New Jersey federal court Monday that it already rejected their bid to duck insider trading allegations.

  • November 20, 2018

    Fed. Circ. Lifts Block On Dr. Reddy's Suboxone Generic

    The Federal Circuit on Tuesday vacated an injunction that blocked Dr. Reddy's Laboratories SA from launching a generic version of Indivior PLC’s opioid addiction treatment Suboxone Film, finding Indivior wasn’t likely to prove patent infringement.

  • November 20, 2018

    $16M Deal OK'd In Zicam Cold Meds False Ad Class Suit

    A California federal judge on Monday gave the final nod to a $16 million settlement ending class claims that Zicam LLC and Matrixx Initiatives Inc. falsely advertised their over-the-counter homeopathic remedies as able to prevent and shorten the common cold.

  • November 20, 2018

    Feds Want At Least 5 Yrs For Pharma CEO's $2M Drug Fraud

    An Illinois man who pocketed more than $2 million from investors in his Wisconsin pharmaceutical company by lying about his work on an experimental drug should spend at least five years in prison, federal prosecutors said Tuesday.

  • November 20, 2018

    Tokai Investor Marks Underwriters Liable In $10.8M Suit

    A Tokai Pharmaceuticals Inc. investor is fighting to keep alive a $10.8 million suit alleging that the company failed to disclose that too few research subjects were left to yield meaningful results in testing of a prostate cancer drug, arguing that the underwriters are liable for misstatements in Tokai investment documents.

  • November 20, 2018

    Breast Implant CEO Slams SEC's Stock Fraud 'Scheme' Claim

    A breast implant manufacturing executive denied that his “isolated omission” about defects at a company manufacturing plant constitutes what the government claims was a scheme to defraud investors, according to a motion filed Monday in California federal court.

  • November 20, 2018

    Ex-Aveo CFO Found Liable For Misleading Investors

    A Massachusetts federal jury found the former chief financial officer of Aveo Pharmaceuticals liable for civil securities fraud in Boston on Tuesday, saying he misled investors by failing to tell them the U.S. Food and Drug Administration had recommended a second clinical trial for Aveo's flagship kidney cancer drug, Tivo.

  • November 20, 2018

    GSK, Ex-Workers Battle For Quick Wins In Severance Fight

    GlaxoSmithKline LLC and a group of former employees who were laid off from a North Carolina facility are competing for quick wins in a federal bellwether case accusing the pharmaceutical giant of wrongly not paying the former workers severance benefits.

  • November 20, 2018

    Former Teva Exec Nabs $6.2M Bias Verdict After Firing

    A Pennsylvania federal jury has awarded $6.16 million to a former Teva Pharmaceuticals USA Inc. executive who said the Israel-based generics maker fired him because of his age and American nationality.

  • November 20, 2018

    EU Approves Takeda's £46B Shire Deal With Drug Sale

    Europe’s competition watchdog on Tuesday greenlighted Japanese pharmaceutical giant Takeda’s £46 billion ($60 billion) buy of Dublin’s Shire, provided it sells Shire’s inflammatory bowel disease drug to a buyer that will develop it.

  • November 20, 2018

    Smith & Nephew Ditches Untimely Hip Implant Cases In MDL

    A Maryland federal judge has trimmed more than a dozen late-filed suits from multidistrict litigation accusing Smith & Nephew PLC of misrepresenting the safety of a hip implant device, but she allowed the majority of cases being challenged to go forward.

  • November 20, 2018

    Fed. Circ. Won’t Revisit Whether Catalog Dooms Dental Patent

    The Federal Circuit on Monday declined to revisit a panel decision upholding the Patent Trial and Board’s invalidation of a Nobel Biocare dental implant patent, which was predated by a catalog from the inventor’s company that the board found was publicly accessible.

  • November 20, 2018

    Saul Ewing Adds IP, Life Sciences Partners In Boston

    Saul Ewing Arnstein & Lehr LLP announced it has hired intellectual property and life sciences patent attorneys — both hailing from Hamilton Brook Smith & Reynolds PC — with more than 50 years of combined experience to join the firm’s Boston office.

  • November 20, 2018

    Shearman & Sterling Reps Boston Scientific In £3.3B BTG Buy

    Massachusetts-based Boston Scientific Corp., led by Shearman & Sterling LLP, unveiled plans Tuesday to shell out £3.3 billion ($4.2 billion) for U.K.-based BTG PLC, which makes medical devices for the treatment of cancer and vascular disease.

  • November 19, 2018

    Mallinckrodt Urges Court To Toss Investor Suit Over Acthar

    Mallinckrodt PLC asked a D.C. federal judge to throw out a stockholder suit Monday, saying the investors can't meet a crucial legal test to show the firm deliberately misled them about reimbursement risks for the drug Acthar.

  • November 19, 2018

    Free Mallinckrodt Drugs Risk Kickback Fines, Watchdog Says

    Mallinckrodt PLC could face Anti-Kickback Statute sanctions under its plan to offer free vials of anti-seizure drug H.P. Acthar Gel, the Office of Inspector General for the U.S. Department of Health and Human Services warned in a remarkable new advisory opinion.

  • November 19, 2018

    Justices Won't Hear Challenge To Fed. Circ. Drug Patent Test

    The U.S. Supreme Court said Monday it will not review a Federal Circuit decision that upheld a UCB Inc. patent on epilepsy drug Vimpat, rejecting a petition from a generic-drug maker that took aim at the so-called lead compound analysis used by the circuit court.

Expert Analysis

  • Knowledge Management: An Unsung Hero Of Legal Innovation

    Rob MacAdam

    As technology evolves, law firms are increasingly looking for ways to improve communication, transparency and service for their clients. Firms should put knowledge management at the core of their value proposition to create a competitive advantage, says Rob MacAdam at HighQ.

  • What New Calif. Law Means For Connected Medical Devices

    Michael Buchanan

    Last month, California passed the first-ever state legislation aimed at regulating "internet of things" devices. The new law restricts liability to manufacturers of physical hardware — drawing a narrower line than the U.S. Food and Drug Administration's previous guidance, say Michael Buchanan and Michelle Bufano of Patterson Belknap Webb & Tyler LLP.

  • Akorn Could Alter 'Material Adverse Effect' Law In Delaware

    J.B. Heaton

    The Delaware Chancery Court's opinion this week in the Fresenius-Akorn merger dispute will likely be appealed. That appeal will determine whether this case is destined to change the understanding of material adverse effect, or whether the Chancery Court overreached on the law and the facts, says J.B. Heaton of the University of Chicago Law School.

  • Opinion

    Skip The New 'Civility Courses' And Think Like A Lawyer

    Alex Dimitrief

    As we watch what passes for political discourse in our nation’s capital, it’s understandable that universities are launching programs on how to cope with ideological disputes. But our country needs fewer people who profess to be open-minded and more people who engage in and honor the conclusions of reasoned debates, says Alex Dimitrief of General Electric Co.

  • Why Law Firms Should Monitor The Dark Web

    Anju Chopra

    Dark web monitoring allows law firms to see what sensitive information may have made its way onto the thriving global underground marketplace where cybercriminals buy and sell exposed data. It can also help lawyers advise clients on a wide range of legal and business matters, say Anju Chopra and Brian Lapidus of Kroll.

  • Does Rule 45 Protect Nonparties From Undue Burden?

    Matthew Hamilton

    Interpretations of Rule 45 protections vary but what's clear is that "undue burden" does not mean no burden at all. To avoid the costs of compliance with a subpoena, a nonparty should be ready to demonstrate its disinterest in the litigation and the anticipated cost and burden of compliance, say attorneys at Pepper Hamilton LLP.

  • No Injury Means No Standing For A Talc Plaintiff

    Steven Boranian

    Last month, the Third Circuit affirmed the dismissal of a plaintiff's case against Johnson & Johnson over talcum powder. The plaintiff used the product with no ill effect, and alleged no defect, injury or disease. The Third Circuit was correct in finding that she simply lacked any standing to sue, says Steven Boranian of Reed Smith LLP.

  • The Evolution Of Conspiracy Personal Jurisdiction

    Tucker Blaser

    The "conspiracy theory" of personal jurisdiction has been inconsistently applied across state and federal courts. It has yet to be addressed by the U.S. Supreme Court, but if it does prevail, mass tort venues will experience significant impacts, say Tucker Blaser and Bryce Pfalzgraf of Brown & James PC.

  • Dismissing FCA Cases: The Granston Memo In Action

    Jeffrey Belkin

    In January, the Granston memo advised U.S. Department of Justice attorneys that, in tandem with their decisions to decline intervention in False Claims Act qui tam suits, they should consider proactively seeking dismissal. Since then, only a small number of cases have explored this form of dismissal, and the results have been mixed, say Jeffrey Belkin and Michael Mortorano of Alston & Bird LLP.

  • How Corporate Reputation Risk Is Exacerbating D&O Liability

    Nir Kossovsky

    At a time when the materiality of corporate reputation risk is widely recognized, but institutional safeguards against that risk are not, what are the implications for directors and officers? The current state of play is not comforting, says Nir Kossovsky of Steel City Re.