Life Sciences

  • June 06, 2022

    Ex-Eli Lilly Worker Sues Over 'Serious' Manufacturing Issues

    A former senior human resources employee at Eli Lilly & Co. claims she was fired after reporting manufacturing issues related to the pharmaceutical company's blockbuster diabetes treatment, including falsified batch data and missing regulatory protocols, according to a lawsuit filed Monday in New Jersey federal court.

  • June 06, 2022

    GW Pharma Wants Judge To Nix Investor Suit Over $7.2B Deal

    GW Pharmaceuticals has asked a California federal judge to toss a proposed securities class action alleging the company misled investors to achieve a $7.2 billion acquisition deal, arguing that the purportedly misleading statements at issue were forward-looking and protected by cautionary language.

  • June 06, 2022

    3rd Juror Sick As Balwani Trial Nears End Without Holmes

    With ex-Theranos executive Ramesh "Sunny" Balwani expected to soon rest his defense in his criminal fraud trial, a California federal judge on Monday excused a third juror who tested positive for COVID-19, and prosecutors said they don't plan to call former Theranos CEO Elizabeth Holmes.

  • June 06, 2022

    Bristol-Myers Inks $10.8M Deal In Direct Buyers' Antitrust Suit

    A California federal judge gave his blessing Friday to a $10.8 million settlement resolving direct buyers' claims alleging Bristol-Myers Squibb engaged in anti-competitive conduct to block generics competition and keep HIV medication prices artificially high.

  • June 06, 2022

    Catching Up With Delaware's Chancery Court

    Controversy came to the Delaware Chancery Court as advocates panned the governor's nominee for a vacant seat. In the meantime, Lynn Tilton's management of Stila Styles got a makeover, a delivery from Amazon got a winning review, and a unanimous Delaware Supreme Court ruling may finally spell an end to TransPerfect litigation. Here's your weekly wrap up of news from Delaware's Chancery Court.

  • June 06, 2022

    5th Circ. Doubts Requests For Health Care Vax Opinion

    A Fifth Circuit panel on Monday doubted its authority to do anything but reverse a Louisiana federal judge's order and send back for further proceedings a lawsuit brought by 14 states challenging the U.S. Department of Health and Human Services' COVID-19 vaccine mandate for certain health care workers.

  • June 06, 2022

    5th Circ. Mulls Sending Hospital Vax Suit To Texas Justices

    A group of Texas health care workers urged a Fifth Circuit panel on Monday to send to the Texas Supreme Court a lawsuit alleging they were wrongly fired from a Houston hospital for refusing the COVID-19 vaccine, claiming the case could establish a new exemption to the state's at-will employment policy.

  • June 06, 2022

    Moderna Can't Punt To Gov't In COVID-19 Vax Suit, Cos. Say

    Two companies suing Moderna Inc. in Delaware federal court for patent infringement over its widely used COVID-19 vaccine have slammed the drugmaker's attempt to toss part of the case, saying the government cannot act as a shield from paying damages.

  • June 06, 2022

    McKesson Seeks Early Appeal In Opioid Coverage Dispute

    McKesson Corp. urged a California federal court to let it pursue an early appeal on a decision that two of its insurers had no duty to defend the drug distributor in three opioid suits, after the court approved a streamlined, "bellwether" approach to determine threshold coverage issues.

  • June 06, 2022

    Chancery Stays Suit Over Drug Trial Disclosure Failures

    Stockholders who sued a biotech company for alleged failures to disclose bad news about drug trials for the company's lone product in 2017 have had their Delaware Chancery Court case put on hold while a more fully developed federal securities action targeting the same clinical trial failure moves forward.

  • June 06, 2022

    Simpson Thacher Adds Goodwin Securities Pro In Palo Alto

    Simpson Thacher & Bartlett LLP announced Monday the hiring of a Goodwin Procter LLP securities specialist as a partner in its Palo Alto office.

  • June 06, 2022

    Zoetis Must Face Suit Over Horse's Death From Antibiotics

    Drugmaker Zoetis Inc. can't avoid negligence and breach of warranty claims from the owners of a racehorse that died after receiving a dose of the company's "Excede" extended-release antibiotic, a Pennsylvania federal judge ruled on Monday.

  • June 06, 2022

    Ropes & Gray, Goodwin Steer $1.5B Pharmacy Tech Co. Deal

    Ropes & Gray LLP advised Becton Dickinson and Co. in the $1.5 billion buyout of Parata Systems, guided by Goodwin Procter LLP, as the medical technology giant looks to break into the fast-growing $600 million pharmacy automation market.

  • June 03, 2022

    Illumina Wants 'Indefensible' $334M DNA IP Verdict Tossed

    Illumina urged a Delaware federal judge Friday to overturn a verdict last month finding that the biotechnology company willfully infringed two Complete Genomics Inc. DNA sequencing patents and owes $334 million in damages, saying the evidence doesn't back the jury's liability finding and the size of the damage award is "indefensible."

  • June 03, 2022

    Del. Judge Recommends Keeping Blood Analyzer IP Row Alive

    Because claims directed to computer technology aren't necessarily abstract under the Alice ruling, a patent infringement lawsuit between two companies that make rival blood sample analyzers should be kept alive for a jury to possibly consider later this month, a Delaware federal magistrate judge has recommended.

  • June 03, 2022

    Chancery Tosses Remainder Of Suit Against Vaccine Firm

    The Delaware Chancery Court on Friday dismissed the remaining counts of a stockholder suit alleging that company directors and a major shareholder of California biotech firm Vaxart Inc. wrongly profited from nonpublic information about efforts to develop a COVID-19 vaccine.

  • June 03, 2022

    Nostrum Loses Asthma Drug FDA Fight At DC Circ.

    The District of Columbia Circuit Court has shot down an appeal in Nostrum Pharmaceuticals LLC's fight with the U.S. Food and Drug Administration on how it could produce a would-be generic form of a respiratory drug but did so only on jurisdictional grounds.

  • June 03, 2022

    Wash. High Court Says Drugmakers Need Not Warn Patients

    Drugmakers that advertise prescription medicines directly to consumers are not required to warn of risks and side effects as long as they adequately warn prescribing doctors, Washington's Supreme Court ruled Thursday.

  • June 03, 2022

    NY Cop Sues City Over Vax Mandate That Exempts Athletes

    A New York City police officer set to be fired Friday for not complying with a COVID-19 vaccination mandate called the rule hypocritical because professional athletes and artists are being allowed to perform unvaccinated, according to a lawsuit filed Thursday in state court against Mayor Eric Adams.

  • June 03, 2022

    Ex-Quest Workers Seek Cert. In ERISA Class Action

    Three former Quest Diagnostics Inc. employees urged a New Jersey federal court to let them bring their suit on behalf of over 40,000 current and former company employees, arguing their suit challenging the plan's investment in allegedly subpar funds was an ideal case for certification.

  • June 03, 2022

    Kirkland, Cooley Pilot Bristol-Myers' $4B Cancer Drug Co. Buy

    Bristol-Myers Squibb, advised by Kirkland, said Friday it plans to buy cancer drugmaker Turning Point Therapeutics Inc., guided by Cooley, in a deal that's worth $4.1 billion and comes as the oncology company makes headway on a medicine that treats the development of tumors.

  • June 02, 2022

    Walgreens Exec Faces Tough Queries From SF Opioid Judge

    A Walgreens executive took the stand in a bellwether opioid bench trial shortly after the city and county of San Francisco rested their case-in-chief Thursday, defending the pharmacy chain's compliance efforts and answering tough questions from the California federal judge presiding over the bench trial.

  • June 02, 2022

    Panel Rejects Opioid MDL Expansion Despite 'Flood Of Cases'

    The Judicial Panel on Multidistrict Litigation rebuffed pleas from drugstore giants CVS Pharmacy, Walgreens and Walmart to rethink its surprise decision capping multidistrict opioid litigation, shrugging off predictions that opioid cases will spread chaotically in courts across the country.

  • June 02, 2022

    Insider Trading Claims In Sanofi-Bioverativ Suit Move Forward

    Former Bioverativ Inc. board member Alexander J. Denner and the activist hedge fund he controlled must face insider trading claims in a Delaware Chancery Court lawsuit alleging an unfair deal process behind the company's $11.6 billion sale to Sanofi in 2018.

  • June 02, 2022

    PTAB Axes 2 Masimo Corp. Patents Involved In Apple Row

    The Patent Trial and Appeal Board has thrown out claims that Apple challenged in a pair of patents owned by medical device maker Masimo Corp., finding the claims were obvious.

Expert Analysis

  • USPTO Director Review Is A Rare Remedy After Arthrex

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    The U.S. Patent and Trademark Office's new director review process is starting to look like an infrequently granted remedy, even more so than reversal or remand at the Federal Circuit, with legal errors present in all three cases that were granted review following the U.S. Supreme Court's Arthrex decision, say Kenneth Darby and Joshua Griswold at Fish & Richardson.

  • 5 Mediation Mistakes That Create Obstacles To Settlement

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    Overly litigious behavior ranks high among common mistakes attorneys make during mediation, as do premature ultimatums, failure to account for compounding risks, and more, say Lynn O'Malley Taylor and Rachel Gupta at JAMS.

  • Opinion

    The Problem With GOP Attack On Jackson Immigration Ruling

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    Republican criticism of Judge Ketanji Brown Jackson's decision in Make the Road New York v. McAleenan, halting a Trump administration immigration policy, is problematic because the ruling actually furthered the separation of powers ideals that the GOP claims to support, says Thomas Berry at the Cato Institute.

  • What OIG Rule Change Means For Health Care Innovation

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    The U.S. Department of Health and Human Services Office of the Inspector General’s recent rule change, making it easier for health care entities to seek advisory opinions on fraud and abuse law compliance, presents both opportunities and risks for industry participants pursuing medical innovations, say attorneys at DLA Piper.

  • Takeaways From Holmes' Unsuccessful Trade Secret Defense

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    The recent criminal fraud conviction of former Theranos CEO Elizabeth Holmes offers some lessons about the contours of invoking the purported need to protect company trade secrets and what is — and is not — entitled to legitimate protection, say attorneys at Baker McKenzie.

  • Opinion

    Ethics Principles Call For Justice Thomas Recusal On Election

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    While the U.S. Supreme Court has provided limited guidance on when justices must recuse themselves, the rules and statutes governing judicial recusals make it clear that Justice Clarence Thomas should not rule on issues related to the Jan. 6 Capitol riot, considering his wife's involvement in efforts to overturn the 2020 election, says Hilary Gerzhoy at Harris Wiltshire.

  • 5 Ways Law Firm Leaders Can Prioritize Strategic Thinking

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    Consultant Patrick McKenna discusses how law firm leaders can make time for strategic projects to keep pace with the rate of change in the profession today, as 24/7 technology-abetted demands mean leaders are spending less time exploring new opportunities and more time solving problems.

  • How Law Schools Can Navigate Toward Equity And Inclusion

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    Law schools have a responsibility to do more than admit students from underrepresented populations — they must understand the challenges that minority law students face, learn why so few reach the highest levels of the legal profession, and introduce programs that help foster inclusion and reduce inequities, says Jennifer Rosato Perea at DePaul College of Law.

  • Where Judge Jackson Stands On Key Civil Procedure Issues

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    During Judge Ketanji Brown Jackson’s confirmation hearings this week, senators didn’t question her on the many procedural issues that frequently come before the U.S. Supreme Court, but a deep dive into her judicial record illuminates her stance on Article III standing, personal jurisdiction and more, says James Wagstaffe at Wagstaffe von Loewenfeldt Busch.

  • A Look At Jackson's False Claims Act Jurisprudence

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    U.S. Supreme Court nominee Ketanji Brown Jackson's rulings in two False Claims Act cases early in her judicial career show how she meticulously parses the law and pleadings to arrive at her conclusions, and hint at her position on an important federal circuit split in FCA jurisprudence, say Brad Robertson and Giovanni Giarratana at Bradley Arant.

  • FDA's Proposed Medical Device Rule Is Promising, But Hasty

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    The U.S. Food and Drug Administration's recent proposal to harmonize its medical device regulation with international standards could reduce regulatory burden on device manufacturers, but may not provide adequate time for the industry to adjust, say attorneys at Ropes & Gray.

  • What DOJ's Shifting Stance On IP Means For SEPs, Mergers

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    Recent policy statements by U.S. Department of Justice Antitrust Division chief Jonathan Kanter, reversing the previous administration's course on intellectual property issues, raise questions for companies concerning remedies for standard-essential patents and the level of scrutiny for licensing deals in merger review, says Noah Brumfield at Allen & Overy.

  • How To Avoid Prematurely Publicizing A Case Outcome

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    The lessons of a recent U.K. case involving Matrix Chambers' premature social media posts that violated a court embargo are relevant in the U.S. as well, reminding law firms to ensure plans to publicize a case are shielded from accidental violations of court sealing and gag orders, says Elizabeth Ortega at ECO Strategic Communications.

  • Working With Post-Pandemic Juries On Science-Based Cases

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    As the world marks two years since the World Health Organization declared COVID-19 a global pandemic, trial teams must keep in mind key lessons about litigating cases under current conditions — including the importance of countering jury skepticism toward scientific and medical experts, say Dawn Curry and David Ferrera at Nutter.

  • 5 Steps For Counsel Managing Health Care Data Breaches

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    Considering the growing threat of data breaches and particular risks to health care providers and related companies, it is critical for counsel to take adequate steps to mitigate harm to patients, protect critical data, improve systems and navigate government investigations in the aftermath of a data security incident, say attorneys at K&L Gates.

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