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Life Sciences
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November 21, 2025
DC Judge Axes Teva Challenge To Drug Price Program
A D.C. federal judge tossed a challenge by Teva Pharmaceuticals to the Medicare drug price negotiation program, marking the latest in a series of losses by drugmakers and trade groups seeking to upend the program.
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November 21, 2025
Applied Therapeutics Investors Get 1st OK For $15M Deal
Biopharmaceutical company Applied Therapeutics Inc. and its investors have received initial approval of a deal that will end claims related to a 2024 new drug application, including a cash settlement of $15 million.
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November 21, 2025
PBMs Say Gov't Benefits From Drug Rebates FTC Condemns
Caremark Rx, Express Scripts and OptumRx have been given permission to seek documents they say will show the government benefits from the same type of prescription drug rebating activity that's being targeted by the Federal Trade Commission's insulin pricing case.
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November 21, 2025
'No Evidence' New Info Backs J&J Unit's Libel Suit, Court Told
A doctor being sued by Johnson & Johnson's bankrupt talc subsidiary pushed back on the unit's bid to revive its trade libel claim over a scientific article she wrote linking asbestos in talc to mesothelioma, arguing it failed to cite any evidence that undermines the court's finding that the article was a nonactionable statement of scientific opinion.
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November 21, 2025
DLA Piper Adds Fenwick Emerging Growth, VC Expert In LA
DLA Piper is boosting its corporate team, bringing in a Fenwick & West LLP venture capital ace as a partner in its Los Angeles office.
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November 21, 2025
Bausch Health Financial Stability Suit Permanently Dismissed
A New Jersey federal judge has dismissed for good a class action against Bausch Health Cos. Inc. and its top brass over claims that they misled shareholders about threats to the company's financial stability, finding that the second amended complaint includes inactionable challenged statements and fails to state a claim.
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November 21, 2025
1st Circ. Clears IT Co. In Suit Over Zoll Patient Data Breach
An information technology company cannot be held liable for a data breach exposing the health information of patients of a unit of medical device maker Zoll Medical Corp, the First Circuit ruled, because the two companies did not have a business relationship permitting them to hold one responsible for another's conduct.
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November 20, 2025
Texas Sues Bristol-Myers For Alleged Drug Misrepresentations
The Texas Office of the Attorney General sued pharmaceutical companies Bristol-Myers Squibb and Sanofi in Texas state court, claiming Thursday the companies failed to disclose that a lucrative blood thinner used to prevent heart attacks and strokes does not work as well on certain minority patients.
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November 20, 2025
Invisalign-Maker's Sweetened $32M Antitrust Payout OK'd
A California federal judge who previously rejected Invisalign-maker Align Technology's $27.5 million antitrust deal with SmileDirectClub buyers because it included a coupon program said Thursday he will approve a revised deal, which provides for an all-cash $31.75 million payout.
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November 20, 2025
Pharma Cos. Seek Early Win In States' Price-Fixing Lawsuit
A collection of states failed to prove an overarching conspiracy among 25 separate pharmaceutical companies to fix the prices of generic drugs, most of them dermatology formulations, the drugmakers argued Wednesday in support of a bid for an early win on one element of dozens of antitrust claims.
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November 20, 2025
Where Apple And Masimo's Watch Patent Fight Stands Now
The high-octane fight between Apple and Masimo over smartwatch patents escalated again last week, when a California federal jury hit Apple with a $634 million infringement verdict and the U.S. International Trade Commission agreed to assess whether its redesigned products infringe Masimo's patents.
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November 20, 2025
Teva, Cooper Cos. Argue FDA Approval Barred IUD Update
Teva Pharmaceuticals on Thursday urged a Georgia federal judge to hand it a summary judgment win ahead of a bellwether trial in multidistrict litigation over an IUD's alleged propensity for breakage, arguing a U.S. Food and Drug Administration approval blocks claims over the product's design and warning labels.
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November 20, 2025
FTC Withdraws In-House GTCR Merger Case
The Federal Trade Commission withdrew its administrative case challenging GTCR BC Holdings LLC's acquisition of a medical coatings supplier to consider whether to drop the case entirely after an Illinois federal judge refused to put the merger on hold.
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November 20, 2025
Claims Firms Barred From Misleading Plaintiffs In Pharma MDL
On the same day that a Philadelphia federal judge approved $58 million in settlements as part of an ongoing generic-drug price-fixing multidistrict litigation, she also ordered several claims recovery firms to correct allegedly false and misleading ads used to attract potential clients seeking to make claims on the settlements.
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November 20, 2025
2 Firms Guide Abbott's $23B Deal With Cologuard Maker
Wachtell Lipton Rosen & Katz and Skadden Arps Slate Meagher & Flom LLP are steering Abbott's planned $23 billion acquisition of Exact Sciences, in a deal announced Thursday that will give the medical device maker an immediate foothold in fast-growing U.S. cancer screening markets.
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November 19, 2025
Is 'Red Book' Best For Drug Pricing? Pa. Justices Ask
The Pennsylvania Supreme Court seemed skeptical Wednesday that the state workers' compensation authorities were using the best guide to calculate pharmacy reimbursements for injured workers' prescription drugs, with the justices questioning the fairness of the industry's long-used "red book" method.
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November 19, 2025
First Financial Says Medical Device Maker Owes $13.6M
Ohio-based First Financial Bank asked a Connecticut federal court for a judgment saying it is owed at least $13.6 million after a medical and aerospace device manufacturer breached multiple loan agreements before telling the bank it was insolvent.
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November 19, 2025
23andMe Seeks OK For Ch. 11 Plan With Release Tweaks
Attorneys for former DNA testing company 23andMe urged a Missouri bankruptcy judge Wednesday to approve its Chapter 11 liquidation plan, which resolved objections from states and the U.S. Trustee tied to claim releases.
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November 19, 2025
GTCR Wants FTC's In-House Merge Case Withdrawn Too
GTCR BC Holdings LLC wants the Federal Trade Commission to rethink its in-house challenge to a medical coatings supplier merger after an Illinois federal judge refused a temporary block and the FTC opted not to appeal that rejection.
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November 19, 2025
Alkermes, Avadel Bump Deal To $2.37B After Alternate Bid
Alkermes PLC said on Wednesday that its agreement to purchase Avadel Pharmaceuticals PLC has been increased to as much as $2.37 billion after a third party threw an alternate bid into the mix.
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November 19, 2025
Whoop Blood Pressure Tracker Hit With False Ad Suit
A consumer on Tuesday hit health and wellness wearable tech company Whoop Inc. with a proposed class action in California federal court alleging that its boasting of the blood pressure features of its fitness tracker duped consumers and prompted a warning from health regulators.
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November 19, 2025
Latham DQ'd From Sleep Apnea Device Co.'s Patent Fight
A Delaware federal court has disqualified Latham & Watkins LLP from representing the creator of a sleep apnea implant in its patent dispute after the firm served as counsel to the rival's underwriters, saying the "appearance of impropriety is glaring."
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November 19, 2025
In-House Atty From Teva Joins Spencer Fane's DC Office
A former associate general counsel of Teva Pharmaceuticals, an Israel-headquartered biopharmaceutical company, is returning to private practice with Spencer Fane LLP, where he will work as a partner with the firm's intellectual property practice group, according to a Monday announcement.
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November 19, 2025
8th Circ. Hears PBMs' Bid To Pause FTC Insulin Pricing Case
An Eighth Circuit panel had only a handful of questions on Wednesday for the pharmacy benefit managers accused of inflating insulin prices, though one of the judges expressed skepticism about pausing the Federal Trade Commission's in-house enforcement action on constitutional grounds.
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November 19, 2025
Gilead Sciences' GC Will Leave Co. Next Month
Gilead Sciences Inc. announced Wednesday that Deborah H. Telman will no longer serve as its executive vice president for corporate affairs and general counsel as of Dec. 5, 2025.
Expert Analysis
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Associates Can Earn Credibility By Investing In Relationships
As the class of 2025 prepares to join law firms this fall, new associates must adapt to office dynamics and establish credible reputations — which require quiet, consistent relationship-building skills as much as legal acumen, says Kyle Forges at Bast Amron.
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Puzzling Out When Similar Insurance Claims Are Related
A recent decision in Virginia federal court shows that more than identical allegations of negligent business practices across two lawsuits may be necessary to satisfy the strict definition of relatedness under claims-made liability insurance policies, say attorneys at Hunton.
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A Shifting Trend In FDA Form 483 Disclosure Obligations
A New York federal court's Checkpoint Therapeutics decision extends a recent streak of dismissals of securities class actions alleging that pharmaceutical companies failed to disclose U.S. Food and Drug Administration Form 483 inspection reports, providing critical guidance for companies during the FDA approval process, say attorneys at Alston & Bird.
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Trending At The PTAB: IPR Memo And Its Fed. Circ. Backdrop
There are new rules for when and how evidence other than patents or printed publications can be considered in inter partes reviews, and while this change is intended to reflect current Federal Circuit precedent, the U.S. Patent and Trademark Office's memo seems to acknowledge tension with last month's Shockwave decision, say attorneys at Finnegan.
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Lessons From 7th Circ.'s Deleted Chat Sanctions Ruling
The Seventh Circuit’s recent decision in Pable v. Chicago Transit Authority, affirming the dismissal of an ex-employee’s retaliation claims, highlights the importance of properly handling the preservation of ephemeral messages and clarifies key sanctions issues, says Philip Favro at Favro Law.
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Breaking Down The Proposed Hemp Bill
A proposed bill in the U.S. House of Representatives, recently approved by the House Appropriations Committee, contains a rider that would significantly change the definition of hemp and dramatically reshape the current hemp-derived product market, say attorneys at King & Spalding.
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Assessing Federal Securities Class Action Stats In '25 So Far
The settlement amount as a percentage of damages in securities class actions has continued to decline in the first half of 2025, a trend that may be important for assessing exposure and risk in future securities litigation, say analysts at Analysis Group.
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Series
Quilting Makes Me A Better Lawyer
Turning intricate patterns of fabric and thread into quilts has taught me that craftsmanship, creative problem-solving and dedication to incremental progress are essential to creating something lasting that will help another person — just like in law, says Veronica McMillan at Kramon & Graham.
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How Agentic AI Is Testing The Limits Of Patent Law
While a recent Swiss court ruling suggests that human-centric rules regarding inventorship will likely remain in place for the near future, it captures a core tension confronting patent systems worldwide as the technology producing patent-worthy ideas is becoming increasingly autonomous, says Matthew Carey at Marshall Gerstein.
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How To Prep For Potential Passage Of SAFER Banking Act
The Secure and Fair Enforcement Regulation, or SAFER, Banking Act, could fundamentally reshape how financial institutions interact with cannabis businesses, so operators that move now to get their house in order will be best positioned to capitalize if and when change comes, says Alex Leonowicz at Howard & Howard.
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A Former PTAB Judge Weighs The End Of Remote Hearings
Former Patent Trial and Appeal Board Judge Amanda Wieker, now at McGuireWoods, examines the costs and benefits of the PTAB's impending in-person hearing requirement, and offers suggestions for making the most out of this new regime.
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The Future Of Lab-Test Regs After FDA Rescinds Rule
The U.S. Food and Drug Administration recently rescinded its laboratory-developed tests rule in response to a Texas federal court decision this spring, reinforcing a separation of authority between the FDA and the Centers for Medicare & Medicaid Services, and calling into question the FDA's role in overseeing such tests without congressional action, say attorneys at Venable.
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SDNY Ruling Reinforces Joint Steering Committee Obligations
The recent Southern District of New York decision in ChemImage v. Johnson & Johnson makes joint steering committees a valuable tool in strategic relationships, as provisions for such committees can now be wielded to demand attention to core issues, say Lisa Bernstein at the University of Chicago Law School, and Reginald Goeke and Brad Peterson at Mayer Brown.
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What 2 Profs Noticed As Transactional Law Students Used AI
After a semester using generative artificial intelligence tools with students in an entrepreneurship law clinic, we came away with numerous observations about the opportunities and challenges such tools present to new transactional lawyers, say professors at Cornell Law School.
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What Patent Claim 'Invalidity' Means In Different Forums
A recent Federal Circuit order allowing a patent suit to proceed despite similar claims being invalidated in an inter partes review underscores how fractured the patent litigation landscape has become, leading to critical nuances in how district courts, the U.S. International Trade Commission and Patent Trial and Appeal Board treat invalidity, says Jason Hoffman at BakerHostetler.