Life Sciences

  • June 14, 2022

    8th Circ. Won't Revive Suit Over Surgical Tool IP

    The Eighth Circuit said Tuesday that it won't revive a medical device maker's breach of contract suit against a rival over patents for a minimally invasive surgical tool, finding that its competitor was not a named party on an agreement establishing the rights to the medical invention.

  • June 14, 2022

    Remand Denial Raises Question In W.Va. Opiate Litigation

    The West Virginia attorney general on Tuesday asked the Ohio federal judge overseeing the multidistrict litigation over the opioid crisis to clarify under what conditions the state's medical professional liability law applies in suits brought by municipalities against health care providers.

  • June 14, 2022

    Bristol-Myers Sues To Block Rival's Generic Leukemia Drug

    Bristol-Myers Squibb Co. filed a patent infringement suit Monday in New Jersey federal court, seeking to block Accord Healthcare Inc. from producing a generic version of Bristol-Myers' leukemia drug.

  • June 14, 2022

    J&J Talc Unit Wants Ch. 11 Claims Estimation Process

    The bankrupt talc unit of Johnson & Johnson told a New Jersey bankruptcy judge Tuesday that it wants to move forward with a claims estimation process it hopes will result in a confirmable Chapter 11 plan within the next year.

  • June 14, 2022

    5th Circ. Affirms Toss Of Hospital Workers' Vax Mandate Suit

    A Texas federal judge correctly dismissed a lawsuit alleging health care workers were wrongly fired from a Houston hospital for refusing the COVID-19 vaccine, a Fifth Circuit panel has ruled, noting the workers described the dispute as a state law issue at oral arguments earlier this month.

  • June 14, 2022

    Judge OKs Email Service Of Law Firms In Cyprus Mines Suit

    A Delaware bankruptcy judge overrode concerns raised Tuesday by the U.S. Trustee's Office to allow Cyprus Mines Corp. to email service to the attorneys of talc injury claimants rather than mail it to each individual as Cyprus seeks to block talc suits against its parent company.

  • June 14, 2022

    Ice Miller Adds 4-Attorney IP Team From BakerHostetler

    Ice Miller announced Tuesday that four former BakerHostetler attorneys have joined it in Philadelphia and Washington, D.C., bringing along with them two patent agents and a paralegal.

  • June 14, 2022

    Rising Star: DLA Piper's Jessica Wilson

    Jessica C. Wilson of DLA Piper has steered some of the largest pharmaceutical companies through high-stakes litigation, including helping to snuff out a large mass tort lodged against Pfizer Inc. over alleged health risks connected to Viagra, earning her a spot among the life sciences practitioners under age 40 honored by Law360 as Rising Stars.

  • June 14, 2022

    Amarin Beats Class Claims Of Duping Investors At 3rd Circ.

    Drugmaker Amarin Corp. beat a proposed stockholder class action at the Third Circuit on Tuesday, with a panel ruling that the company's statements about a drug's trial were not misleading just because there was a "difference of opinion" about the effects of the placebo during the trial.

  • June 13, 2022

    Judge Breyer Pitches Law Chat As SF Opioid Trial Nears End

    With a high-stakes bench trial winding down over San Francisco's claims that Teva, Allergan, Anda and Walgreens illegally fueled the city's opioid epidemic, U.S. District Judge Charles Breyer judge indicated Monday he'd like to schedule a discussion exploring the law governing the case separate from the facts presented at trial.

  • June 13, 2022

    Ohio Counties Open To Lowering Opioid Damages Request

    Two Ohio counties told a federal judge Monday they still want billions to address the fallout from the opioid epidemic from three large pharmacy chains that a jury found contributed to the crisis, although the counties also said that questions about the size of the impacted population could warrant a smaller payout.

  • June 13, 2022

    Investor Attys Net $22.6M In Dental Supply Antitrust Deal

    Attorneys who represent investors in dental supply company Patterson Cos. will receive nearly $22.6 million in fees after helping settle claims the company worked with its competitors to fix prices, a Minnesota federal judge has decided.

  • June 13, 2022

    Pharma Co. Exec's Wife Inks SEC Deal Over Insider Trading

    An Illinois federal judge entered a final judgment Monday in the U.S. Securities and Exchange Commission's suit against a pharmaceutical executive's spouse, who admitted to an insider trading scheme that would have made her more than $280,000.

  • June 13, 2022

    GOP Rep. Stokes China Fears Amid COVID IP Waiver Talks

    A Republican congressman from Nebraska is asking the Biden administration to show its commitment to preventing China from accessing "patents or other intellectual property related to COVID-19 vaccines" amid ongoing negotiations at the World Trade Organization over possibly waiving certain pandemic-related intellectual property rights.

  • June 13, 2022

    Takeda Unit Warns Fed. Circ. Antibody Patents At Risk

    Baxalta Inc. has urged the Federal Circuit to revive an antibody patent invalidated by Circuit Judge Timothy Dyk while sitting in Delaware, saying the ruling wrongly declares the field of antibodies "inherently unpredictable" and therefore not patentable.

  • June 13, 2022

    NY AG's Opioid Trial Theory Fatally Flawed, Teva Says

    Teva Pharmaceuticals on Friday said a jury verdict deeming it liable for opioid abuse in New York should be overturned because the state's "public nuisance" theory would unleash a never-ending wave of litigation against companies that sell potentially harmful products like soda and SUVs.

  • June 13, 2022

    Blade Therapeutics' $353M SPAC Go-Public Deal Called Off

    Blank-check company Biotech Acquisition Co. and biopharmaceutical group Blade Therapeutics Inc. said Monday they are canceling their previously announced nearly $353 million merger, marking the latest in a number of special-purpose acquisition company transactions that have been terminated recently.

  • June 13, 2022

    Texas Judge Won't Toss Vineyards' Suit Against Bayer, BASF

    Bayer Crop Science and Monsanto can't dismiss outright nor compel arbitration of claims in Texas state court from 57 vineyard owners who allege their wine grape crops were damaged by a dicamba-tolerant cotton seed system.

  • June 13, 2022

    Catching Up With Delaware's Chancery Court

    The Delaware Chancery Court didn't mince words last week, confronting a lying witness at trial and pushing a deadlocked board to stay focused. New cases involved a dispute between two board co-chairs at UpHealth Inc., an information plea from a Twitter stockholder, merger takeoff jitters at Spirit Airlines, and a derivative suit against GoDaddy Inc. that was filed under seal.

  • June 13, 2022

    Fed. Circ. Revives UMass Skin Care IP Suit Against L'Oreal

    The Federal Circuit on Monday revived the University of Massachusetts' 2017 patent infringement suit against L'Oreal over skin care patents, saying Delaware's chief federal judge found them indefinite based on a claim construction error.

  • June 13, 2022

    Judge Exits NYC Vaccine Case After Stock Complaints

    The federal judge overseeing a suit challenging New York's vaccine mandate for city workers has recused herself, after plaintiffs discovered she owned up to $100,000 in Pfizer Inc. stock.

  • June 13, 2022

    Ex-Moderna Public Policy VP Rejoins Epstein Becker

    An expert in health care law and former Moderna vice president of public policy has rejoined Epstein Becker Green, where he previously helped advise the firm's health sector clients, the firm announced Monday.

  • June 13, 2022

    Hemp Equipment Co. Fights Bid To Ditch Counterclaims

    Hemp oil extraction equipment seller Master Smith Enterprises LLC is pushing back against a bid to dismiss its counterclaims in a contract suit by LifeTech Pharma LLC, saying its counterclaims sufficiently plead that LifeTech lied to induce it into agreeing to a settlement over the sale of equipment.

  • June 13, 2022

    Labcorp Accused Of Bias Over Medical Pot In Job Drug Test

    Labcorp has been hit with a discrimination lawsuit in New Jersey state court from a former employee alleging it pulled back an offer for him to return to the medical testing business after refusing to ignore his status as a medical marijuana patient as a way of accommodating his disabilities.

  • June 13, 2022

    Rising Star: Butler Snow's Susanna Moldoveanu

    Butler Snow LLP lawyer Susanna Moldoveanu filed thousands of summary judgment motions on behalf of Johnson & Johnson over claims of defective pelvic mesh devices in what became one of the largest multidistrict cases in history, earning her a spot among life sciences attorneys under age 40 honored by Law360 Rising Stars.

Expert Analysis

  • Psychedelic Sector Can Learn From Cannabis Legal Hurdles

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    As the psychedelic industry flourishes, companies and institutions can glean important lessons from early cannabis legalization efforts, from taxation to federal rescheduling — but the two movements also diverge in key ways, such as recreational potential and available patent protections, say attorneys at Husch Blackwell.

  • Opinion

    Clients' Diversity Mandates For Law Firms Are Necessary

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    Coca-Cola recently scrapped its proposed diversity staffing requirements for outside counsel, and other companies may be reassessing their mandates due to external pressures, but it is important to remember the myriad factors supporting these policies and why they are more important now than ever before, says David Hopkins at Benesch Friedlander.

  • 5 Questions That Can Help Law Firms Win RFPs

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    As the volume of matter-specific requests for proposals continues to increase in the legal market, law firms can take some new steps to fine-tune their RFP response-drafting process and strategy, says Matthew Prinn at RFP Advisory Group.

  • Have We Asked For Cannabis Legalization To Do Too Much?

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    As industry leaders at the South By Southwest Cannabis Industry Evolution Summit discussed issues affecting the burgeoning sector, it was evident that cannabis's diverse interests can also compete, and present challenges to efforts for federal legalization and industry unification, says Eric Berlin at Dentons.

  • How Law Firms Can Employ More Veterans

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    Hiring attorneys who are veterans is often overlooked in law firm diversity, equity and inclusion plans, even though it generates substantial benefits, but partnering with like-minded organizations and having a robust and active veterans group will go a long way in boosting a firm's ability to recruit and retain veterans, say Daniel Sylvester and Nicholas Hasenfus at Holland & Knight.

  • Courts Are Unsettled On Obviousness-Type Double Patenting

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    District courts and the Patent Trial and Appeal Board have reached different conclusions about obviousness-type double patenting, and litigants considering this defense should weigh the risk of issues arising from a grant of patent term adjustment with the need for filing a terminal disclaimer, say attorneys at Akin Gump.

  • MORE Act's Possible Impact On State-Licensed Cannabis Cos.

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    The Marijuana Opportunity Reinvestment and Expungement Act, recently passed in the U.S. House of Representatives, would dramatically alter the federal legal landscape for state-licensed cannabis businesses in both positive and negative ways — from opening new marketing avenues to compounding tax burdens, say attorneys at the Law Offices of Omar Figueroa​​​​​​​.

  • Associates, Look Beyond Money In Assessing Lateral Offers

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    In the face of high demand for corporate legal work and persistent staffing constraints, many law firms continue to offer sizable signing bonuses to new associates, but lateral candidates should remember that money is just one component of what should be a much broader assessment, says Stephanie Ruiter at Lateral Link.

  • Opinion

    Restoring America Invents Act Should Not Do The Opposite

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    Patent law is about striking a balance, and the Restoring America Invents Act goes too far in the wrong direction, making it likely to weaken the rights of inventors and drive small companies out of business, say Russell Slifer at Schwegman Lundberg and Dana Colarulli at ACG Advocacy — both U.S. Patent and Trademark alums.

  • Preventing Impermissible Client Solicitation After ABA Opinion

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    Following the American Bar Association's recent opinion on the limitations on client solicitation, attorneys at Harris Wiltshire examine the principal rules that govern a lawyer's ethical duties with respect to solicitation, explain how those rules vary by jurisdiction, and provide some practical tips for ensuring compliance.

  • 4 Issues To Watch As Adult-Use Cannabis Sales Begin In NJ

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    Now that recreational cannabis sales have begun in New Jersey, the next few months will be crucial to the development of the state’s legal marketplace, and several key areas, such as licensing and municipal acceptance, will indicate how the industry may fare in the short and long term, says Michael DeLoreto at Gibbons.

  • What FDA Expects From Medical Device Cybersecurity Efforts

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    The U.S. Food and Drug Administration's latest draft guidance on cybersecurity for medical devices highlights the distinction between safeguards that are "built in" rather than "bolted on," emphasizing the importance of robust design controls, say Jae Kim and Raymond Williams at DLA Piper.

  • Lessons On Avoiding E-Discovery Violations And Sanctions

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    Michael Fox and David Cohen at Reed Smith discuss how counsel can assist their clients in meeting preservation obligations for electronically stored information in light of recent federal rulings on spoliation sanctions motions for possible violations of this duty.

  • A Quiet Change At The USPTO Creates A 2-Tier Exam Process

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    An unannounced shift in the U.S. Patent and Trademark Office's search and classification examiner system at Art Unit 1699 creates two tiers of separate but unequal examination and raises the question of disparate practices again, says Julie Burke at IP Quality Pro.

  • Takeaways On The New Antitrust Scrutiny In Health Care

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    Recent Federal Trade Commission and U.S. Department of Justice discussions with health care patients, employees, practitioners and independent businesses show that the government is prioritizing stricter antitrust enforcement in labor markets and likely returning to vertical integration regulation and enforcement, say attorneys at Holland & Knight.

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