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Life Sciences
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April 11, 2025
Tariff Reprieve Offers Little Comfort For Venture-Backed IPOs
President Donald Trump's move to pause most tariff threats is not reassuring venture-backed startups eyeing public listings, many of which will likely postpone initial public offerings for at least another quarter or until shaky market conditions stabilize, a new report concludes.
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April 11, 2025
Aurinia Sues Lotus Alleging Lupus Drug Patent Infringement
Kidney-focused biotech Aurinia Pharmaceuticals Inc. on Friday launched a lawsuit in New Jersey federal court claiming that Lotus Pharmaceutical Co. Ltd.'s bid to sell a generic form of Aurinia's lupus nephritis treatment Lupkynis infringes a pair of patents.
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April 11, 2025
Telehealth Co. Sued Over 2024 Data Breach
A company that helps healthcare providers manage after-hours patient calls was hit with a proposed class action in New York federal court Friday alleging that it failed to secure user data prior to a 2024 breach that exposed the sensitive information of nearly 1 million people.
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April 11, 2025
AbbVie, Sandoz Settle Patent Fight Over Rinvoq Generics
AbbVie has settled a dispute accusing Sandoz of infringing multiple patents with its proposed generic versions of AbbVie's blockbuster immunosuppressant drug Rinvoq, according to a stipulation filed Friday in Delaware federal court.
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April 11, 2025
Philly Dispensary's $24.5M Award Upheld In Fraud Suit
A Philadelphia state court judge stood by her decision to award $24.5 million to the co-owner of a medical marijuana company who alleged her partners defrauded her by convincing her to reduce her ownership stake in the company without telling her it was up for sale, noting the trial court wasn't empowered to modify a money calculation it didn't make.
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April 11, 2025
7th Circ. Asks For Ill. Justices' Input On Pollution Exclusion
A Seventh Circuit panel considering whether an insurer for Sterigenics and its former parent company could avoid paying $150 million in legal costs for defending the company from a torrent of pollution suits has asked the Illinois Supreme Court to weigh in on how to apply a pollution exclusion in the relevant policy.
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April 11, 2025
5th Circ. Revives Unfair Competition Fight Over Arthritis Drug
The Fifth Circuit has revived Zyla Life Sciences LLC's lawsuit seeking to block Texas rival Wells Pharma from selling rheumatoid arthritis drug suppositories that aren't U.S. Food and Drug Administration-approved, rejecting Wells Pharma's argument that Zyla's state claims are preempted under federal law and noting that finding otherwise would have "staggering" implications.
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April 11, 2025
Future Pak Goes Public With $255M Theratechnologies Bid
Pharmaceutical manufacturer and packager Future Pak LLC, advised by Honigman LLP, on Friday publicly unveiled its proposal to acquire pharmaceutical company Theratechnologies Inc. for up to $255 million, a move that comes after Future Pak has received "minimal engagement" from the other company.
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April 11, 2025
UK Litigation Roundup: Here's What You Missed In London
This past week in London has seen law firm Michael Wilson & Partners reignite a 20-year dispute with a former director over an alleged plot to form a rival partnership, headphone maker Marshall Amplification sue a rival in the intellectual property court, and a commercial diving company pursue action against state-owned nuclear waste processor Sellafield. Here, Law360 looks at these and other new cases in the U.K.
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April 10, 2025
AbbVie Wants ND, SD Drug Pricing Laws Blocked
Drugmaker AbbVie Inc. on Thursday asked federal courts to block new drug-pricing laws in both North Dakota and South Dakota, alleging that the measures requiring the company to transfer products to certain pharmacies at discounted prices are unconstitutional.
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April 10, 2025
Ga. Rehab Facility Settles In $77.6M Wrongful Death Suit
The family of a man who died after being hit by multiple vehicles on a Georgia interstate has settled their lawsuit against the Doraville addiction rehabilitation center that abruptly discharged him days before his death.
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April 10, 2025
IP Forecast: Novartis' Entresto Fight Heads To DC Circ.
Novartis will go before the D.C. Circuit next week in the latest legal front in the drug giant's battle to stop generic versions of its blockbuster heart failure drug Entresto. Here's a look at that case — plus all the other major intellectual property matters on deck in the coming week.
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April 10, 2025
Vanda Sues FDA To Block Off-Label Use Drug Promo Regs
A pharmaceutical company, a Texas physician and an often-jet lagged traveler sued the U.S. Food and Drug Administration in Texas federal court Wednesday seeking to block marketing restrictions on the off-label uses of FDA-approved drugs, arguing that long-standing rules and Biden-era guidance runs afoul of the First Amendment.
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April 10, 2025
9th Circ. Open To Sending Invisalign Antitrust Suit To Trial
Two Ninth Circuit judges appeared open on Thursday to reversing Align's summary judgment win against a pair of class actions accusing Invisalign of monopolizing the clear braces and teeth scanners market, with one judge saying there is a triable factual dispute and another judge doubting Align's interpretation of antitrust law.
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April 10, 2025
Pharma Giants Sued Over Ex-Sanofi Drug Delivery Patents
Pharmaceutical companies Novo Nordisk, GSK, Bayer, Medtronic and Ypsomed have all been sued in the Eastern District of Texas over drug delivery patents that Auto Injection Technologies LLC acquired from Sanofi-Aventis in recent months.
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April 10, 2025
ITC Blocks Imports Of Copycats Of Eli Lilly Weight Loss Drug
The U.S. International Trade Commission has banned imports of versions of Eli Lilly's highly popular, multibillion-dollar weight loss drug that infringe a trademark the drugmaker has.
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April 10, 2025
Pa. Family Blames Fatal House Fire On Prosthetic Arm Battery
The surviving family members of a house fire that killed two people are suing prosthesis manufacturers Liberating Technologies Inc. and Ossur Americas Inc. and related companies in Pennsylvania state court, claiming the battery in a prosthetic arm that was being charged during the night started the fire.
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April 10, 2025
Pharma Cos.' Patent Practices Limit Drug Access, Report Says
The two major pharmaceutical companies behind leading GLP-1 products are leveraging so-called patent thickets to maintain their monopolies over the diabetes and weight loss medications, a practice that can impede access to those drugs, according to a report released Thursday.
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April 10, 2025
Holmes Seeks Full 9th Circ. Review Of Theranos Fraud Appeal
Convicted Theranos Inc. founder Elizabeth Holmes has asked the Ninth Circuit for en banc review of a panel's decision to affirm her criminal fraud conviction and 11-year prison sentence, saying problems with the opinion included a "time-warping relevance theory."
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April 10, 2025
3rd Circ. Backs Hospital In Doctor's COVID Vaccine Bias Suit
The Third Circuit on Thursday upheld a Philadelphia-area health system's win over an emergency room doctor's suit claiming he was unlawfully denied a religious exemption from its COVID-19 vaccination policy, saying the hospital demonstrated that granting his request would have been too difficult.
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April 10, 2025
Purdue Cleared To Start Ch. 11 Claims Processing Early
A New York bankruptcy judge on Thursday approved Purdue Pharma's request to appoint claims administrators and begin processing the tens of thousands of claims against the drugmaker, reasoning that doing so ahead of plan confirmation would enable the debtor to make faster distributions to creditors.
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April 10, 2025
Kroger Customers Get Certification In Prescription Billing Suit
An Ohio federal judge certified three classes of Kroger pharmacy customers claiming they paid inflated co-pays for insured prescriptions, reasoning that the customers' claims raised common issues of law.
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April 09, 2025
Device Co. Suggested 'Crazy Glue' To Fix Fatal Flaw, Suit Says
A widow has hit the medical device manufacturing subsidiaries of Bracco SpA with a wrongful death lawsuit in Mississippi federal court, claiming among other things that subsidiary ACIST Medical Systems Inc. suggested fixing a defective product with "crazy glue" or "Sharpie" after it caused her husband's death.
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April 09, 2025
Tillis Says China IP Theft Should Be Priority In Trade Talks
U.S. Sen. Thom Tillis, R-N.C., on Wednesday called China's theft of U.S. intellectual property "rampant" and said the issue should be near the top of the agenda if the Trump administration enters trade negotiations with the Chinese government in the coming weeks.
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April 09, 2025
'You Won,' Fed. Circ. Judge Tells Drug Co. Fighting Injunction
The Federal Circuit vacated an injunction Wednesday that had barred Sun Pharmaceutical from launching its alopecia drug Leqselvi, less than an hour after oral arguments where the judges had little sympathy for a patent owner that was years away from bringing its drug to market.
Expert Analysis
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Making The Pitch To Grow Your Company's Legal Team
In a compressed economy, convincing the C-suite to invest in additional legal talent can be a herculean task, but a convincing pitch — supported by metrics and cost analyses — may help in-house counsel justify the growth of their team, say Elizabeth Smith and Roger Garceau at Major Lindsey.
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Data Privacy Landscape After Mass. Justices' Wiretap Ruling
In Vita v. New England Baptist Hospital, Massachusetts’ highest court recently ruled that the state’s wiretap law doesn’t prohibit all tracking of website user activity, but major financial and reputational risks remain for businesses that aren't transparent about customer’s web data, says Seth Berman at Nutter.
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The Future Of GLP-1 Policy After Drug Shortage Ends
If and when the U.S. Food and Drug Administration determines that GLP-1 RA drugs are no longer in short supply, regulators will face questions of how to balance access to GLP-1 RAs with statutory and policy considerations applicable to compounded drugs, say attorneys at Skadden.
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Using Contracts As Evidence Of Trade Secret Protection
Recent federal and U.S. International Trade Commission decisions demonstrate an interesting trend of judges recognizing that contracts and confidentiality provisions can serve as important evidence of the reasonable secrecy measures companies must take to prove the existence of protected trade secrets, say attorneys at Finnegan.
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When US Privilege Law Applies To Docs Made Outside The US
As globalization manifests itself in disputes over foreign-created documents, a California federal court’s recent trademark decision illustrates nuances of both U.S. privilege frameworks and foreign evidentiary protections that attorneys must increasingly bear in mind, say attorneys at Hunton.
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Looking For Patterns In Pharmaceuticals' Use Of AI Patents
Merging data from the U.S. Patent and Trademark Office's artificial intelligence patent dataset and the U.S. Food and Drug Administration's Orange Book sheds light on pharmaceutical patents involving AI technology, as well as trends in the industry's use of this technology, says Kiefer Ahn at NERA.
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The State Of USPTO Rulemaking At The End Of Vidal's Term
As U.S. Patent and Trademark Office director, Kathi Vidal placed a particular emphasis on formal rulemaking — so as she returns to private practice this week, attorneys at Irell take stock of which of her proposals made it across the finish line, and where the rest stand on the cusp of a new administration.
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2024 IPO Market Trends, And What To Expect Next Year
The initial public offering market returned to historically typical levels on a deal count basis in 2024 but continued to lag based on proceeds raised due to a larger number of smaller IPOs this year, and signs point to continued ongoing momentum in the next year, say attorneys at Paul Hastings.
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What 2024 Trends In Marketing, Comms Hiring Mean For 2025
The state of hiring in legal industry marketing, business development and communications over the past 12 months was marked by a number of trends — from changes in the C-suite to lateral move challenges — providing clues for what’s to come in the year ahead, says Ben Curle at Ambition.
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How Trump's Tariff Promises May Play Out In 2nd Term
While it is unclear which of President-elect Donald Trump's promised tariffs he intends to actually implement in January, lessons from his first administration, laws governing executive action and U.S. trade agreements together paint a picture of what may be possible, say attorneys at Butzel.
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Series
Group Running Makes Me A Better Lawyer
The combination of physical fitness and community connection derived from running with a group of business leaders has, among other things, helped me to stay grounded, improve my communication skills, and develop a deeper empathy for clients and colleagues, says Jessica Shpall Rosen at Greenwald Doherty.
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Opinion
6 Changes I Would Make If I Ran A Law School
Reuben Guttman at Guttman Buschner identifies several key issues plaguing law schools and discusses potential solutions, such as opting out of the rankings game and mandating courses in basic writing skills.
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Predictions For Trump Antitrust Enforcement Of Life Sciences
Key life sciences antitrust issues of the past two administrations may indicate the direction of enforcement during President-elect Donald Trump's second term, including in areas such as drug prices, killer acquisitions and merger remedies, say attorneys at Ropes & Gray.
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Nutraceutical Patent Insights As Market Heats Up
Companies entering the expanding nutraceutical market and seeking patents to protect their innovations should evaluate successful nutraceutical claim language and common patent challenges in this field, say attorneys at Sterne Kessler.
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Firms Still Have The Edge In Lateral Hiring, But Buyer Beware
Partner mobility data suggests that the third quarter of this year continued to be a buyer’s market, with the average candidate demanding less compensation for a larger book of business — but moving into the fourth quarter, firms should slow down their hiring process to minimize risks, say officers at Decipher Investigative Intelligence.