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Life Sciences
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May 01, 2025
Senators Reintroduce Patent Eligibility, PTAB Reform Bills
U.S. Sens. Thom Tillis and Chris Coons on Thursday brought back two significant patent reform bills from last term that overall aim to make invalidating patents more difficult.
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May 01, 2025
US Tells Justices Telemedicine Case Isn't Ideal For Eligibility
The Justice Department is urging the U.S. Supreme Court to reject a petition over the eligibility of telemedicine patents it's accused of infringing, but it said that if the petition is granted, it plans to argue the patents shouldn't have been invalidated as abstract.
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May 01, 2025
J&J Talc Unit Says New Doc 'Key' To Talc Study Libel Suit
A Johnson & Johnson talc unit has asked a New Jersey federal court to reinstate its libel suit over a scientific article linking talcum powder to mesothelioma, arguing that newly discovered evidence shows statements in the article are false.
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May 01, 2025
Payment Math Dooms Sandoz Price-Fixing Deal With Florida
A Connecticut federal judge on Thursday refused to put a bow on the deal the state of Florida struck with Sandoz AG and related defendants in three generic drug price-fixing lawsuits, ruling from the bench in Hartford that the settlement agreement "as written" would lead to exorbitant supplemental payments in the event that other states also reach deals to release their claims.
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May 01, 2025
Paul Hastings, GenapSys Settle Calif. Legal Malpractice Suit
The legal malpractice suit in which gene sequencing company GenapSys Inc. argued Paul Hastings LLP caused GenapSys' bankruptcy appears to have been settled.
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May 01, 2025
McCarter & English Fights Ex-Client's $1M Fee Reduction Bid
A former McCarter & English LLP client waited too long to challenge interest calculations that added more than $1 million to an attorney fee award, the firm has argued, asking a judge to reject Jarrow Formulas Inc.'s bid to reduce a March 12 judgment totaling $3.8 million.
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April 30, 2025
VSL Probiotic Buyers Win Class Cert. In RICO Case
A Maryland federal judge has certified 10 classes of customers who bought a knockoff version of a proprietary probiotic formula developed by a professor to treat gastrointestinal ailments, saying in an order unsealed Wednesday the customers all suffered the same alleged injury from buying a product that wasn't the one they expected.
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April 30, 2025
Wheeling & Appealing: The Latest Must-Know Appellate Action
Spring has sprung for appellate arguments over the White House's pruning and shearing of agencies, part of a bountiful circuit calendar in May, when appeals courts will also tend to defamation drama involving a pro golfer, antitrust suits against drugmakers and hotels, and a nine-figure patent verdict against Apple Inc.
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April 30, 2025
Nationwide Says Claim For 'Fat Freezing' Injury Isn't Covered
Nationwide has filed suit asking an Illinois federal court to declare that it has no duty to cover a suburban Chicago gym in a 3-year-old "fat freezing" injury case headed to trial in June, saying the underlying injury doesn't trigger the facility's policy.
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April 30, 2025
Judge Keeps Pfizer Foe's COVID Vaccine Patent Case Alive
The chief judge for the Delaware federal court has turned down a bid from Pfizer and BioNTech to invalidate patent claims asserted against their blockbuster COVID-19 vaccine, in a case set to go before a jury later this year.
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April 30, 2025
Del. Judge Won't Let MSN Fight Entresto Orange Book Entry
A Delaware federal judge has shot down MSN Pharmaceuticals Inc.'s attempt to get its generic version of Novartis' blockbuster cardiovascular drug Entresto on the market immediately by removing the branded-drug maker's patent from a federal database.
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April 30, 2025
Joe Rogan-Backed 'Alpha Brain' False Ad Suit Dropped In NY
A consumer is asking a New York federal judge to dismiss his proposed class action accusing Onnit Labs Inc. of falsely advertising its "Alpha Brain" cognitive supplement, which were previously promoted by podcaster Joe Rogan, as clinically proven to boost memory.
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April 30, 2025
3rd Circ. Preview: NJ To Defend ICE Contractor Law In May
The Third Circuit's argument lineup for May will see the state of New Jersey defend a law barring its immigration detention centers from contracting with U.S. Immigration and Customs Enforcement, while Rutgers University seeks to keep its victory over claims it falsely inflated its business school's ranking.
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April 30, 2025
Local Gov'ts, Union Seek Block Of COVID Grant Cancellations
Three cities, a county and a public employees' union asked a Washington, D.C., federal judge Wednesday to block the government from rescinding $11 billion in public health grants doled out through pandemic-era laws, saying the grants weren't intended to stop when the pandemic stopped.
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April 30, 2025
Biotech Co. Throws Flag On NFL Alumni's Bid To Toss Suit
A biotechnology company accusing the National Football League's largest alumni club of breaking a contract in retaliation for being questioned about its use of government funds told a Georgia federal court Tuesday the company would add details to its suit to head off the club's bid to have the suit thrown out.
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April 30, 2025
PTAB Axes AbbVie Unit's Cancer Drug Patent As Invalid
The Patent Trial and Appeal Board has found claims in a patent owned by AbbVie's Pharmacyclics unit related to its cancer drug Imbruvica were invalid, the latest in a larger intellectual property fight with BeiGene.
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April 30, 2025
Monthly Merger Review Snapshot
Enforcers opened high stakes court proceedings against Meta Platforms and Google for monopolization claims that could force the tech giants to sell pieces of the companies, while also moving ahead with several challenges and reviews of pending deals in other industries. Here, Law360 looks at the major merger review developments from April.
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April 30, 2025
Mich. AG Says Express Scripts, Prime Fix Pharmacy Rates
Michigan Attorney General Dana Nessel took aim at pharmacy benefit managers Express Scripts and Prime Therapeutics this week in a lawsuit accusing them of a price-fixing deal the state said has crippled pharmacies.
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April 30, 2025
Honeywell, Sourcing Co. End Scuffle Over Soured Supply Deal
Honeywell has dropped its lawsuit accusing a sourcing company of making up quality concerns to bail on a contract for medical-grade gloves, according to a notice filed in the North Carolina Business Court.
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April 30, 2025
2nd Frier Levitt Atty Joins Buchanan Ingersoll's Pharmacy Group
Buchanan Ingersoll & Rooney PC has added a second Frier Levitt attorney with experience representing pharmacies to its new pharmacy benefit manager contract and audit defense team in Newark, New Jersey, the firm announced Wednesday.
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April 30, 2025
Kratom Cos. Get False Ad, Addiction Suit Tossed
A California federal judge has dismissed a proposed class action alleging Thang Botanicals and FTLS Holdings LLC mislead consumers about addictive qualities of their kratom products after the plaintiffs failed to file an amended complaint on time.
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April 30, 2025
Novartis Buying Regulus In Up To $1.7B Kidney Drug Deal
Covington & Burling LLP-advised Novartis AG said Wednesday it has agreed to acquire Latham & Watkins LLP-guided Regulus Therapeutics Inc. for up to $1.7 billion in a deal that strengthens the Swiss pharmaceutical giant's kidney disease portfolio with a promising RNA-based therapy.
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April 29, 2025
Gilead Will Pay $202M In DOJ Deal Over Drug Kickbacks
Gilead agreed to pay $202 million to the federal government and some states to resolve claims it made improper payments to high-volume prescribers of its HIV drugs, New York federal prosecutors announced Tuesday.
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April 29, 2025
Omnicare Hit With $136M Jury Verdict For Bilking Feds
A New York federal jury on Tuesday returned a verdict finding that CVS Health Corp. subsidiary Omnicare illegally billed the federal government to the tune of $135.6 million, one of the largest jury verdicts in a False Claims Act case, according to a statement from the U.S. Department of Justice.
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April 29, 2025
Justices Wary Of Issuing 'Advisory' Ruling In Class Cert. Row
The U.S. Supreme Court's latest attempt to address a pressing question about class certification standards may be doomed by a procedural hiccup, with a majority of justices expressing concern Tuesday that they didn't have the authority to wade into a dispute over approval of a class that contains uninjured members.
Expert Analysis
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Lights, Camera, Ethics? TV Lawyers Tend To Set Bad Example
Though fictional movies and television shows portraying lawyers are fun to watch, Hollywood’s inaccurate depictions of legal ethics can desensitize attorneys to ethics violations and lead real-life clients to believe that good lawyers take a scorched-earth approach, says Nancy Rapoport at the University of Nevada, Las Vegas.
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Will 4th Time Be A Charm For NY's 21st Century Antitrust Act?
New York's recently introduced 21st Century Antitrust Act would change the landscape of antitrust enforcement in the state and probably result in a sharp increase in claims — but first, the bill needs to gain traction after three aborted attempts, says Tyler Ross at Shinder Cantor.
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Perspectives
Accountant-Owned Law Firms Could Blur Ethical Lines
KPMG’s recent application to open a legal practice in Arizona represents the first overture by an accounting firm to take advantage of the state’s relaxed law firm ownership rules, but enforcing and supervising the practice of law by nonattorneys could prove particularly challenging, says Seth Laver at Goldberg Segalla.
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The Post-Macquarie Securities Fraud-By-Omission Landscape
While the U.S. Supreme Court's 2024 opinion in Macquarie v. Moab distinguished inactionable "pure omissions" from actionable "half-truths," the line between the two concepts in practice is still unclear, presenting challenges for lower courts parsing statements that often fall within the gray area of "misleading by omission," say attorneys at Katten.
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AI Will Soon Transform The E-Discovery Industrial Complex
Todd Itami at Covington discusses how generative artificial intelligence will reshape the current e-discovery paradigm, replacing the blunt instrument of data handling with a laser scalpel of fully integrated enterprise solutions — after first making e-discovery processes technically and legally harder.
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IP, Licensing, M&A Trends To Watch In Life Sciences This Year
2025 promises to continue an exciting trajectory for the life sciences industry, with major trends ranging from global harmonization of intellectual property to cross-border licensing activity and an increase of nontraditional financial participants in the mergers and acquisition space, say attorneys at Morgan Lewis.
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When Innovation Overwhelms The Rule Of Law
In an era where technology is rapidly evolving and artificial intelligence is seemingly everywhere, it’s worth asking if the law — both substantive precedent and procedural rules — can keep up with the light speed of innovation, says Reuben Guttman at Guttman Buschner.
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Anticipating Direction Of Cosmetics Regulation Under Trump
It is unclear how cosmetics regulation reform from the last few years will fare under President Donald Trump, but the new administration's emphasis on deregulation and Robert F. Kennedy Jr.'s views on product safety provide some insight, say attorneys at Crowell & Moring.
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Drug Pricing Policy Trends To Expect In 2025 And Beyond
Though 2025 may bring more of the same in the realm of drug pricing policy, business as usual entails a sustained, high level of legal and policy developments across at least six major areas, say attorneys at Ropes & Gray.
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Imagine The Possibilities Of Openly Autistic Lawyering
Andi Mazingo at Lumen Law, who was diagnosed with autism about midway through her career, discusses how the legal profession can create inclusive workplaces that empower openly autistic lawyers and enhance innovation, and how neurodivergent attorneys can navigate the challenges and opportunities that come with disclosing one’s diagnosis.
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Top 10 Healthcare And Life Sciences Issues To Watch In 2025
Under the new Trump administration, this coming year may benefit some healthcare and life sciences stakeholders, while creating new challenges for others amid an increasingly complex regulatory environment, say attorneys at Debevoise.
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Parsing 3rd Circ. Ruling On Cannabis, Employee Private Suits
The Third Circuit recently upheld a decision that individuals don't have a private right of action for alleged violations of New Jersey's Cannabis Regulatory, Enforcement Assistance and Marketplace Modernization Act, but employers should stay informed as the court encouraged the state Legislature to amend the law, say attorneys at Mandelbaum Barrett.
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4 Keys To Litigating In An Active Regulatory Environment
For companies facing litigation influenced by government regulatory action — a recent trend that a politically charged atmosphere will exacerbate — there are a few principles that can help to align litigation strategy with broader public positioning in the regulatory and oversight context, say attorneys at Jenner & Block.
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Kiromic SEC Order Shows Importance Of Self-Reporting
The U.S. Securities and Exchange Commission's recently filed settled charges against Kiromic BioPharma illustrate the critical intersection between U.S. Food and Drug Administration regulatory processes and investor disclosures under the securities laws, and showcase how responding promptly to internal whistleblower reports may reap benefits, say attorneys at Arnold & Porter.
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Series
Documentary Filmmaking Makes Me A Better Lawyer
Becoming a documentary filmmaker has allowed me to merge my legal expertise with my passion for storytelling, and has helped me to hone negotiation, critical thinking and problem-solving skills that are important to both endeavors, says Robert Darwell at Sheppard Mullin.