Life Sciences

  • June 17, 2022

    Will BigLaw Regret Its Hiring Spree As The Economy Softens?

    The largest 200 law firms in the U.S. boosted their headcount by an average of 5.6% in 2021 — the steepest increase in five years, according to the Law360 400. Here's a look at what those numbers mean and where firms may be headed if the economy slows in the coming year.

  • June 17, 2022

    FDA Greenlights Moderna, Pfizer Jabs For Kids 6 Mos. And Up

    The U.S. Food and Drug Administration on Friday authorized the use of COVID-19 vaccines from Moderna and Pfizer in children as young as 6 months.

  • June 17, 2022

    WTO Vax Patent Deal Seen As Doing Little To Boost Access

    The World Trade Organization's narrow agreement allowing developing countries to authorize the use of patents for COVID-19 vaccines has dismayed both supporters and opponents of waiving intellectual property rights amid the pandemic, and attorneys say its impact on vaccine access will be limited.

  • June 17, 2022

    Bayer Notches 4th Trial Win Over Roundup Weedkiller

    Bayer AG subsidiary Monsanto Co. notched another trial win Friday, with a jury concluding the company's weedkiller Roundup did not cause an Oregon man's cancer, making it the agro-chemical giant's fourth consecutive trial win within the last eight months.

  • June 17, 2022

    Fintiv Denials Are Down, But Bill Banning Them Still Has Teeth

    The Patent Trial and Appeal Board's practice of denying patent challenges based on the status of co-pending litigation has dwindled since 2021, but attorneys say a new bill barring the PTAB from issuing such denials would still have a dramatic impact on patent litigation.

  • June 17, 2022

    Teligent's Post-Sale Drug Recall Puts Its Ch. 11 Plan In Doubt

    The Chapter 11 plan for the generic-drug maker once known as Teligent Inc. was thrown into doubt Friday after a bankruptcy court ruled that the company owes a refund for drugs it sold after bankruptcy and then later recalled as part of an asset sale.  

  • June 17, 2022

    Generic Co. Asks Fed. Circ. To Undo Loss In Takeda IP Fight

    Lupin Pharmaceuticals Inc. is urging the Federal Circuit to reverse a decision that its abbreviated new drug application for a proposed generic infringes one of three patents covering Takeda's antidepressant drug Trintellix, saying the district court erred in construing a key claim term.

  • June 17, 2022

    Clarivate Atty Joins Pharma Intelligence As GC

    Life sciences analytics company Pharma Intelligence and mental health-focused business Nue Life Health have both found new general counsel recently, highlighting Law360's latest roundup of personnel moves in health care and life sciences.

  • June 17, 2022

    6 Firms Guide UK Biotech Startup's $215M SPAC Merger

    U.K. biotechnology startup Zura Bio Ltd. said Friday it plans to merge with a special-purpose acquisition company in a deal that could take it public, valued at $215 million and funding treatments for immune disorders, under guidance from six law firms.

  • June 16, 2022

    WTO Inks Deals On Fisheries, Vaccines After Lengthy Session

    World Trade Organization members unveiled a new package of trade accords late Thursday following a marathon negotiating session, headlined by deals to create flexible intellectual property rules covering COVID-19 vaccines and curtail global fishing subsidies.

  • June 16, 2022

    Yale Law Prof Defends Allergan In SF Opioid Trial

    A Yale University law professor — the final live defense witness in a bellwether opioid bench trial in San Francisco — testified Thursday that Allergan entities were not responsible for the conduct of Alpharma, a company that had owned a branded opioid called Kadian that Allergan later acquired.

  • June 16, 2022

    Chevron Deference Still Feels Heat After High Court Reprieve

    The U.S. Supreme Court's landmark doctrine requiring judicial deference to federal regulators survived a major health care case at the high court Wednesday, but the controversial bedrock of administrative law barely escaped the conservative justices' frying pan and is heading right back into their fire, experts say.

  • June 16, 2022

    Del. Justices Uphold Toss Of Zimmer Biomet Stockholder Suit

    Delaware's Supreme Court upheld without elaboration on Thursday the Chancery Court's dismissal of a stockholder suit seeking damages from medical device company Zimmer Biomet Holdings Inc. for alleged failures to disclose regulatory compliance problems.

  • June 16, 2022

    IP Forecast: Cooley To Fight DQ Bid In Tech Patent Row

    Lawyers at Cooley LLP are scheduled next week to argue in front of Western District of Texas Judge Alan Albright that he should reject an attempt to disqualify them from representing a software startup that is facing a patent suit by a former Cooley client. Here's a look at that case — plus all the other major intellectual property matters on deck in the coming week.  

  • June 16, 2022

    4th Circ. Denies Eli Lilly's Discovery Bid In Novartis IP Feud

    The Fourth Circuit on Thursday affirmed a Virginia district court's decision denying Eli Lilly's discovery bid related to Novartis' European patent suit over Eli Lilly's psoriasis drug Taltz, agreeing that Novartis didn't reside in the district and thus couldn't be forced to hand over evidence for use in foreign proceedings.

  • June 16, 2022

    Pa. Court Halts Recall Of Cannabis Vape Products

    National cannabis giant Jushi Holdings has said its vaporized medical marijuana products will soon be back on shelves in Pennsylvania after a state court halted a recall issued earlier this year by the Pennsylvania Department of Health.

  • June 16, 2022

    Biogen Urges Justices To Review MS Drug Patent Ruling

    Biogen has urged the U.S. Supreme Court to revive its patent on the blockbuster multiple sclerosis drug Tecfidera, saying the Federal Circuit invalidated it using an improper rule not found in the Patent Act requiring patents to demonstrate an invention is effective.

  • June 16, 2022

    Stimwave Gets OK To Tap $12M In Bankruptcy Financing

    A Delaware bankruptcy court judge approved $12 million in interim financing for medical device company Stimwave Technologies at a first-day hearing Thursday, overruling objections from equity holders that the company was shutting them out.

  • June 16, 2022

    FTC Warns Drugmakers, Middlemen Over Rebates

    The Federal Trade Commission issued a policy statement warning drug companies and pharmacy benefits managers that enforcers are looking to go after rebates and other pricing schemes the agency said block patients' access to cheaper medications.

  • June 16, 2022

    Aetna Urges 1st Circ. To Toss Conformis Defamation Suit

    Aetna asked the First Circuit to affirm its win over medical device company Conformis’ suit alleging Aetna defamed the company in violation of state law by denying coverage for its knee implants, telling the court it based its denial off scientific evidence, not malice.

  • June 16, 2022

    Insurer Loses Bid To Limit Boston Hotel's Virus Losses

    A California federal judge rejected Endurance American Specialty Insurance's attempt to limit its coverage of COVID-19-related losses to the operator of the Boston Marriott Long Wharf, the site of one of the pandemic's first major "super-spreader" events.

  • June 16, 2022

    $60M Catalyst Sale Gutted Company, Del. Investor Suit Says

    A Catalyst Biosciences Inc. stockholder group has sued the company's directors for selling all its viable assets and keeping investors in the dark about plans for the $60 million in proceeds, claiming in a Delaware Chancery Court suit the board repeatedly breached its fiduciary duty.

  • June 16, 2022

    Ark. Prof Gets 1 Year For Lying To FBI About China Patents

    A former University of Arkansas chemical engineering professor targeted in a controversial Trump-era counterespionage initiative was sentenced to a year and a day in prison Thursday for lying to the FBI about patents he held in China.

  • June 16, 2022

    CVS Can't Force Drug Pricing Suit Into Arbitration

    A Rhode Island federal judge denied CVS' bid to force into arbitration one of several suits by insurers accusing it of fraudulently inflating drug reimbursement rates, rejecting the pharmacy chain's argument that those claims are subject to a recently discovered arbitration agreement.

  • June 16, 2022

    Foley & Lardner Atty Joins Network Health As CLO

    Wisconsin-based health insurer Network Health has named Foley & Lardner attorney Mike Lappin, who led the integration of the largest health care systems in Wisconsin and Illinois, as its chief legal and strategy officer beginning July 1.

Expert Analysis

  • 2 FCA Settlements Highlight Gov't Cyber Liability Focus

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    Recent False Claims Act settlements with Comprehensive Health Care Services and Aerojet Rocketyne illustrate government contractors' growing cybersecurity liability, and underscore how important it is for companies to comply with new incident reporting regulations and live up to standing contractual obligations, say attorneys at O'Melveny.

  • Cannabis Moneyball Has Begun, And The Game Is Heating Up

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    The burgeoning cannabis industry is much like baseball in its early years, with several state players working to come online, and rules being hammered out by state and federal regulators — though it will take some strategic moneyball for the industry to grow market share, earn customer loyalty and make it to home base, say John Oberle and Kristina Dahmann at Ice Miller.

  • Opinion

    Justices Should Give Feds' Roundup Amicus Little Weight

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    The U.S. Supreme Court shouldn't defer to the solicitor general's petition-stage amicus brief urging a claims-award review in the Monsanto Roundup case, because the action would not only affect thousands of cases but also undermine the U.S. Environmental Protection Agency's authority, says Lawrence Ebner at the Atlantic Legal Foundation.

  • Opinion

    ABA Isn't Giving Up On Diversity Efforts By Ending CLE Rule

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    While some view the American Bar Association’s elimination of continuing legal education diversity requirements as capitulating to a Florida Supreme Court decision against the mandate, it was a strategic decision to serve Florida members while improving diversity, equity and inclusion efforts in other ways, says Tiffani Lee at Holland & Knight.

  • PTAB Ruling Shows Need To Split Terminal Disclaimer

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    The Patent Trial and Appeal Board's recent Cellect decision illustrates the problem of overreach in current terminal disclaimer practice; and separating the disclaimer instruments would preserve obviousness double patenting, avoid unwholesome incentives for applicants and better serve equity, say Vincent Shier and Joseph Matal at Haynes and Boone.

  • How To Protect Health Care Trade Secrets With Covenants

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    Post-employment restrictive covenants such as noncompetes are an effective way for health companies to protect confidential information and trade secrets, but employers must be cognizant of the rapidly changing state laws governing the enforceability of such agreements, say Erik Weibust and Katherine Rigby at Epstein Becker.

  • Lateral Candidate Screening Steps To Prevent Bad Behavior

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    Bullying and harassment are among the root causes of stress, anxiety and substance abuse in the legal profession, so law firms should take four actions to effectively screen lateral candidates and ensure they are not recruiting individuals who could jeopardize the well-being of their people, says Michael Ellenhorn at Decipher.

  • Opinion

    Using Bayh-Dole For Cancer Drug March-In Rights Is Wrong

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    Sen. Elizabeth Warren's recent request that the Biden administration invoke march-in rights under the Bayh-Dole Act to lower the price of prostate cancer medicine Xtandi misconstrues the letter and intent of the law, with potentially disastrous consequences for American innovation, says Cravath's David Kappos, former director of the U.S. Patent and Trademark Office.

  • HSR Statistics Show Increasing Scrutiny Of Health Care M&A

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    Recent enforcement and Hart-Scott-Rodino statistics illustrate the Federal Trade Commission's growing interest in the application of federal antitrust law to health care transactions and the FTC's ability to test novel theories of harm in this area, say Amanda Wait and Vic Domen at Norton Rose.

  • A Look At The Legal Profession Since Murder Of George Floyd

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    Little has changed for Black attorneys since law firms promised to combat discrimination within the profession following George Floyd's murder, but on this second anniversary of his death, law firms can recommit by adopting specific strategies that set their Black lawyers up for success, say Lisa Davis and Khasim Lockhart at Frankfurt Kurnit.

  • Fed. Circ. Acne Drug IP Holding Clarifies Obviousness Factors

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    A recent Federal Circuit decision upholding the Patent Trial and Appeal Board's invalidation of an Almirall acne drug patent clarifies the presumption of obviousness based on ranges and substitutions, so patent challengers should consider key adjustments to their legal strategies in these areas, say Cory Smith and George Chen at BCLP.

  • Opinion

    NY Ruling Correctly Deems Legal Finance Docs Irrelevant

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    A New York appeals court's recent decision in Worldview Entertainment v. Woodrow joins a growing trend of decisions denying discovery of litigation funding documents, highlighting that commercial legal finance should be treated just like any other financing in commercial litigation, says Andrew Cohen at Burford Capital.

  • Addressing Low Response Rates In Expert Surveys

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    While expert witnesses are receiving dwindling responses to the surveys they conduct to gauge public beliefs and attitudes, recent cases show that a low response rate need not make a survey inadmissible in court, say Kristen Backor and Yamimi Jena at Charles River Associates, and Brandon Duke at Winston & Strawn.

  • 11th Circ. Ban On Service Awards May Inhibit Class Actions

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    Since the Johnson v. NPAS Solutions decision in 2020, the long-established practice of service awards for representative plaintiffs in class actions has fallen under a cloud in the Eleventh Circuit — and while the case remains an outlier, it may make class actions more difficult to bring in that jurisdiction, say William Reiss and Dave Rochelson at Robins Kaplan.

  • Overcommunicate With Your Summer Associates This Year

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    2022 summer associates have had limited opportunities for professional interactions due to the pandemic, so supervising attorneys should prioritize intentional overcommunication by emphasizing importance of tone and content of emails, sharing feedback immediately, and more, says Julie Schrager at Faegre Drinker.

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