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Life Sciences
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May 12, 2025
20 AGs Suing HHS Move to Halt Cuts At 4 Affected Agencies
States challenging the Trump administration's plans for massive cuts to the U.S. Department of Health and Human Services are asking a Rhode Island federal court to block any planned terminations at four of the department's agencies and programs.
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May 12, 2025
Fed. Circ. Won't Revive Sydnexis Eye Drop Patents
The Federal Circuit on Monday backed a series of Patent Trial and Appeal Board rulings that found claims in a trio of patents owned by Sydnexis Inc. relating to ways to treat nearsightedness were invalid.
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May 12, 2025
Will Justices Finally Rein In Universal Injunctions?
The U.S. Supreme Court is expected to address for the first time Thursday the propriety of universal injunctions, a tool federal judges have increasingly used to broadly halt presidential orders and policy initiatives, and whose validity has haunted the high court's merits and emergency dockets for more than a decade.
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May 09, 2025
J&J Co.'s Catheter Policy Limited Choices, Doc Testifies
The chief of cardiovascular medicine at healthcare network HonorHealth took the stand Friday in Innovative Health's antitrust case against Johnson & Jonhson unit Biosense Webster, telling a California federal jury that Biosense's refusal to provide clinical support for hospitals that used third-party reprocessed catheters limited physician choice.
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May 09, 2025
Pathology Lab Urges 8th Circ. Not To Revive Antitrust Claims
Iowa Pathology Associates told the Eighth Circuit a lower court was right to toss a rival lab's case accusing it of monopolizing the market because the claims are really about the lab's failure to attract enough clients from the competing practice to achieve its expected profits.
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May 09, 2025
Private Fundraising Takes Hit Amid Volatile Backdrop
Global private equity and venture capital funding plunged in April amid volatile equity markets, data released Friday shows, falling from a peak in March driven by one blockbuster artificial intelligence deal.
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May 09, 2025
More Conn. Dentists Reach Kickback Deals With AG, Feds
Connecticut state and federal authorities have reached more settlements in an ongoing investigation of dentists and dental practices paying kickbacks to patient recruiters, inking deals with providers based in Norwalk worth nearly $650,000, the attorney general's office said Friday.
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May 09, 2025
Souter's Clerks Remember Him As Humble, Kind And Caring
Former clerks of retired U.S. Supreme Court Justice David H. Souter are heartbroken over the death of a man many of them remember more for his conscientiousness, humility, kindness and disdain for the spotlight than for his undeniable brilliance as a jurist.
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May 09, 2025
Insulet Seeks $30M In Atty Fees, Costs After Trade Secret Win
After winning a nearly $60 million judgment in a trade secrets lawsuit against South Korean company EOFlow Co. Ltd., medical device company Insulet Corp. has told a Massachusetts federal judge that it should be granted a little over $30 million in attorney fees and litigation costs in light of the rival's "remarkable" misappropriation of its technology for a wearable insulin patch pump.
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May 09, 2025
Hiker And 'Raconteur': Atty Recalls 50-Year Bond With Souter
Behind a towering legal legacy was a man who loved to hike mountains, could recall details of things he read decades ago and was always there for those he cared about, a New Hampshire attorney said as he reflected on a lifelong friendship with U.S. Supreme Court Justice David Souter.
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May 09, 2025
A Look At David Souter's Most Significant Opinions
The retired Justice David Souter defied simple definition, viewed as a staunch conservative until he co-wrote an opinion upholding abortion rights in 1992. He did not hew to partisan lines, but reshaped the civil litigation landscape and took an unexpected stand in an extraordinarily close presidential election.
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May 09, 2025
Justice Souter Was An Unexpected Force Of Moderation
Justice David Souter, who saw the high court as a moderating force apart from the messiness of politics, subverted the expectations of liberals and conservatives alike during his 19 years on the bench.
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May 09, 2025
UK-US Trade Deal Needs Work On Pharma And IP, Pros Say
The U.K.-U.S. trade deal is a starting point for closer economic ties, but the agreement needs more work on pharmaceuticals and intellectual property before it's finalized, according to professionals.
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May 09, 2025
Retired Supreme Court Justice David Souter Dies At 85
Retired Justice David H. Souter, who served on the U.S. Supreme Court from 1990 to 2009, has died at 85, the court announced Friday.
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May 08, 2025
J&J Unit's Encryption Tech Stalled Rival, Antitrust Jury Told
An Innovative Health executive told California federal jurors considering its antitrust claims Thursday that Johnson & Johnson unit Biosense Webster added encryption technology to its catheters to prevent reuse, hindering Innovative's ability to reprocess the catheters and delaying its entry into the market for years.
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May 08, 2025
AMAG Inks $7.5M Deal In Suit Over Preterm-Birth Drug
AMAG Pharmaceuticals has agreed to pay $7.5 million to resolve a group of women's proposed class action accusing it of misleading consumers into believing one of its drugs reduced the risk of preterm births, according to a motion filed Thursday seeking a New Jersey federal court's preliminary approval of the deal.
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May 08, 2025
Ruling Over Expired Bard Patent Causes Split, Justices Told
Atrium Medical has asked the U.S. Supreme Court to review a Ninth Circuit ruling that revived a $53 million breach of contract lawsuit against it by C.R. Bard, saying the appeals court "takes a dramatically different approach" from other circuits on royalty payments.
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May 08, 2025
Colo. Court Sets Next Toxic Tort Bellwether For January
Two more plaintiffs suing a Colorado medical sterilization company will try their claims that emissions from the company's facility caused their cancer, during a second bellwether trial to begin in January 2026, according to a Colorado state judge's order Thursday.
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May 08, 2025
Counterfeit Goods Hit $467B Globally In 2021, Report Says
Counterfeit and pirated goods accounted for $467 billion in global trade in 2021, reflecting a slight increase from pre-pandemic levels, according to a report from the Organization for Economic Cooperation and Development and the European Union Intellectual Property Office.
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May 08, 2025
Court Upholds CMA's £99M Thyroid Drug Price Fines
A U.K. appellate court has not only upheld a finding that drug company Advanz excessively inflated the price of its thyroid tablets for the National Health Service but also reimposed fines against the company's former owner that a lower tribunal had cut by almost a third.
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May 08, 2025
Bayer Says Wash. Law, FDA Preempt IUD Defect Allegations
Bayer Corp. is asking a Washington federal court to throw out a woman's suit seeking to hold the company liable after one of its Mirena-brand IUDs failed and migrated to her abdominal cavity, asserting that Washington law preempts her claims and that the company had already provided warnings about the risks of using it.
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May 08, 2025
Albertsons Says Counties Have 'Paradoxical Status' In MDL
A group of pharmacies led by Albertsons Cos. Inc. have told the Texas Supreme Court that two counties can't assert claims against them in the state's opioid multidistrict litigation while simultaneously denying they qualify as claimants.
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May 08, 2025
Fed. Circ. Weighs If Expert's Testimony Justifies Spine IP Loss
A Federal Circuit panel on Thursday considered how much an expert strayed from a lower court's claim construction in an inventor's patent infringement suit against DePuy Synthes, with one judge questioning if it was merely effective cross-examination that tripped the expert up, and not much more.
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May 08, 2025
Hikma Cuts $50M Deal To End Antitrust Claims In Xyrem MDL
A certified class of Xyrem buyers in 36 states have asked a California federal judge to preliminarily approve Hikma Pharmaceuticals PLC's $50 million deal to resolve antitrust claims accusing Hikma of colluding with rival Jazz Pharmaceuticals to block generic rivals from competing with Jazz's narcolepsy drug.
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May 08, 2025
3rd Circ. Rejects Challenge To Medicare Drug Price Program
The Third Circuit on Thursday rejected AstraZeneca's challenge to the Medicare drug price negotiation program, ruling that the pharmaceutical giant was unable to show how it is injured by the program's guidance or how it violates its due process rights.
Expert Analysis
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10 Soft Skills Every GC Should Master
As businesses face shifting regulatory and technological uncertainty, general counsel will need to strengthen certain soft skills to succeed, from admitting when they make a mistake to maintaining a healthy dose of dispassion, says Douglas Brown at Manatt.
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6 Criteria Can Help Assess Executive Branch Actions
With new executive policy changes announced seemingly every day, several questions can help courts, policymakers and businesses determine whether such actions are proper, effective and in keeping with our democratic norms, say Marc Levin and Khalil Cumberbatch at the Council on Criminal Justice.
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An Unrestrained, Bright-Eyed View Of Legal AI's Future
Todd Itami at Covington offers a bright-eyed, laughing-all-the-way, skydive look at what the legal industry could look like after an artificial intelligence revolution, which he believes may happen much sooner and more dramatically than we expect.
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Tracking The Evolution In Litigation Finance
Despite continued innovation, litigation finance remains an immature market with borrowers recieving significantly different terms as lenders learn to value cases, which firms need a strong handle on to ensure lending terms do not overwhelm collateral value, says Robert Wilkins at Lightfoot Franklin.
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Keys To Regulatory Diligence In Life Sciences Transactions
Conducting effective regulatory due diligence for life sciences deals requires careful review of a target company's activities, and separate sets of considerations for commercial and pipeline products, says Anna Zhao at GunnerCooke.
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How Courts Weigh Section 1782 Discovery For UPC Cases
A look at cases from six different federal district courts reveals a number of discretionary factors that influence how courts consider Section 1782 discovery applications in connection with Unified Patent Court proceedings, say attorneys at Finnegan.
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Opinion
In Vape Case, Justices Must Focus On Agencies' Results
With the U.S. Supreme Court's ruling in U.S. Food and Drug Administration v. Wages and White Lion Investments having put off the question of whether agency decisions arrived at erroneously are always invalid, the court should give the results of agency actions more weight than the reasoning behind them when it revisits this case, says Jonathan Sheffield at Loyola University Chicago School of Law.
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Series
Volunteer Firefighting Makes Me A Better Lawyer
While practicing corporate law and firefighting may appear incongruous, the latter benefits my legal career by reminding me of the importance of humility, perspective and education, says Nicholas Passaro at Ford.
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E-Discovery Quarterly: The Perils Of Digital Data Protocols
Though stipulated protocols governing the treatment of electronically stored information in litigation are meant to streamline discovery, recent disputes demonstrate that certain missteps in the process can lead to significant inefficiencies, say attorneys at Sidley.
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Defense Strategies After Justices' Personal Injury RICO Ruling
In Medical Marijuana v. Horn, the U.S. Supreme Court recently held that the Racketeer Influenced and Corrupt Organizations Act can be invoked by some plaintiffs with claims arising from personal injuries — but defense counsel can use the limitations on civil RICO claims to seek early dismissal in such cases, say attorneys at Debevoise.
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Series
Law School's Missed Lessons: Preparing For Corporate Work
Law school often doesn't cover the business strategy, financial fluency and negotiation skills needed for a successful corporate or transactional law practice, but there are practical ways to gain relevant experience and achieve the mindset shifts critical to a thriving career in this space, says Dakota Forsyth at Olshan Frome.
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3 Red Flags To Watch For When Valuing Patent Portfolios
As forward-looking intellectual property valuations become increasingly popular, recognizing potential concerns during the due diligence process can help develop a more accurate understanding of a portfolio's true value and potential risk, says Keegan Caldwell at Caldwell Law.
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How Cos. Can Mitigate Increasing Microplastics Liability Risk
Amid rising scrutiny in the U.S. and Europe of microplastics' impact on health and the growing threat of litigation against consumer product and food and beverage manufacturers, companies can limit liability through compliance with labeling laws, careful contract management and other practices, say attorneys at Rogers Joseph.
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A Cold War-Era History Lesson On Due Process
The landmark Harry Bridges case from the mid-20th century Red Scare offers important insights on why lawyers must be free of government reprisal, no matter who their client is, says Peter Afrasiabi at One LLP.
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Series
Improv Makes Me A Better Lawyer
Improv keeps me grounded and connected to what matters most, including in my legal career where it has helped me to maintain a balance between being analytical, precise and professional, and creative, authentic and open-minded, says Justine Gottshall at InfoLawGroup.