Life Sciences

  • June 02, 2022

    Goodwin To Pay BioDelivery $850K To Settle Shareholder Suit

    Global law firm Goodwin Procter LLP will pay pharmaceutical company BioDelivery Sciences International Inc. $850,000 in cash to settle a shareholder derivative class action filed after the company illegally amended its charter in 2018 without proper shareholder approval.

  • June 02, 2022

    No Atty Fees For Lionbridge After Trade Secrets Win

    A New York federal judge has refused to award translation company Lionbridge Technologies Inc. nearly $11.9 million in attorney fees and costs after it beat a trade secrets suit from rival TransPerfect Global Inc., finding that Lionbridge fell short in showing bad faith in TransPerfect bringing the suit.

  • June 02, 2022

    'Overzealous' Claim Not Enough To Redo Teva NY Opioid Trial

    The New York state judge who oversaw the jury trial that found drugmaker Teva Pharmaceuticals and its affiliates liable for the opioid crisis has ruled against a new trial in the case, finding the jury's studiousness and efforts mitigated against the state's counsel's overzealousness during closing arguments.

  • June 02, 2022

    Conn. Atty Wins New SEC Trial After Judge's Jury Poll Gaffe

    A judge's admittedly "inexcusable" mistake in failing to poll a jury after they found a Connecticut lawyer liable for stock fraud is enough to merit a new trial, a different federal judge ruled Thursday.

  • June 01, 2022

    SF Opioid Judge Told Higher Doses Increased Addiction

    Attorneys for the city of San Francisco sought to bolster their case Wednesday that Allergan, Teva, Walgreens and Anda illegally fueled the city's opioid epidemic by calling experts to testify that rising prescriptions and dosages allegedly pushed by the drug industry contributed to rising addiction rates.

  • June 01, 2022

    Sidley Not Conflicted, NJ Diocese Ch. 11 Moves Forward

    The bankrupt Diocese of Camden received approval for its Chapter 11 plan disclosures with warnings from the court, Sidley Austin was found not to be conflicted when it represented the Boy Scouts of America, and Arizona law doomed a $16 million lien claim asserted by the Dutch government in the MD Helicopters bankruptcy. This is the week in bankruptcy.

  • June 01, 2022

    Pfizer Attacks Rival's Claims Over Vaccine Patent In Del.

    Pfizer Inc. has ripped into patent infringement litigation brought by a Boston pharmaceutical company that claims to have discovered the mRNA delivery system used in COVID-19 vaccines, telling Delaware's top federal judge that its rival's efforts to make a vaccine had been remarkably "unsuccessful."

  • June 01, 2022

    Fla. Abortion Providers Sue State Over 15-Week Ban

    Florida abortion providers sued the state Wednesday over a new ban on abortion after 15 weeks of pregnancy, saying the law violates the Florida constitution and asking a state court to block it before it takes effect July 1.

  • June 01, 2022

    Conn. Atty Can't Flip Fraud Verdict Over Jury Instructions

    A Boston federal judge said Wednesday that allegedly faulty jury instructions don't warrant giving a Connecticut attorney a new trial in a U.S. Securities and Exchange Commission stock fraud case.

  • June 01, 2022

    Precigen Investors' Gas Fraud Suit Gets Axed, For Now

    A California federal judge has tossed a proposed investor class action alleging biotechnology company Precigen Inc. misrepresented aspects of a program aimed at converting methane into more valuable chemicals, but gave the proposed class leave to amend its claims.

  • June 01, 2022

    Pot Co. Aphria Urges Judge To Deny Investors' Class Cert. Bid

    Aphria Inc. has urged a New York federal judge to deny class certification he briefly granted to a group of investors who sued the Canadian cannabis company over its purchase of allegedly worthless assets in Latin America, arguing that the investors' effort "suffers from various methodological flaws."

  • June 01, 2022

    Zydus Defeats 209-Patient Suit Over Heart Pill Marketing

    Zydus Pharmaceuticals USA Inc. shed claims by 209 people alleging they or their loved ones were harmed by the off-label marketing of a generic heart medication, with a New Jersey federal judge rejecting arguments that the company had a duty to warn prescribing physicians about the drug's dangers.

  • June 01, 2022

    Calif. Panel Reverses Zimmer's $7.7M Hip Implant Retrial Loss

    A California appellate court has reversed a $7.68 million damages verdict against Zimmer Inc. in a yearslong legal battle over claims that Zimmer's hip implant forced a man to undergo two surgeries and caused him lifelong chronic pain, finding that the trial court erred in excluding Zimmer's expert from trial.

  • June 01, 2022

    Synthego Gets PTAB To Review 2 Full CRISPR Patents

    The Patent Trial and Appeal Board has agreed to review whether two Agilent Technologies Inc. patents related to the breakthrough gene-editing technology CRISPR should be invalidated.

  • June 01, 2022

    Cannabis Research Lab Pushes Back On DEA Bid To Toss Suit

    A medical cannabis research lab is pushing back against a bid by the U.S. Drug Enforcement Administration to throw out its suit alleging that the DEA has wrongly delayed deciding on its application to import and study cannabis.

  • June 01, 2022

    Examiner Gets $950K In Fee Cuts In J&J Talc Unit's Ch. 11

    The examiner appointed to keep watch over the fee and expense applications filed in the Chapter 11 case of Johnson & Johnson's talc unit told a New Jersey bankruptcy judge that he was able to achieve $952,000 in reductions from the 17 firms retained in the proceedings, and would support approval of their applications with those cuts.

  • June 01, 2022

    Dobbs Draft Hints At Bold Court With Harvard Case On Deck

    Like the plaintiffs in Dobbs, anti-affirmative action group Students for Fair Admissions is looking to flip decades of top court precedent at a time when the court's conservative supermajority appears willing to swing big and bring about major societal change.

  • May 31, 2022

    SF Opioid Judge Irked At Allergan Argument Against Expert

    The federal judge presiding over a high-stakes bench trial on San Francisco's claim that Allergan, Teva and other entities fueled the city's opioid crisis expressed annoyance Tuesday at arguments from Allergan's counsel that an expert improperly lumped manufacturers together in concluding they drove loosened safety restrictions.

  • May 31, 2022

    FCA Split Has High Court Momentum Despite DOJ's Critique

    There's a good chance the U.S. Supreme Court will agree to assess whether False Claims Act whistleblowers must pinpoint potentially fraudulent billing because a new filing from the U.S. Department of Justice fails to debunk the consensus view of a serious circuit split, lawyers say.

  • May 31, 2022

    Ex-CEO Facing Indictment, SEC Suit Over COVID-19 Test Kits

    A federal grand jury in New Jersey indicted the former head of SCWorx Corp. on Tuesday on two counts of securities fraud for his role in allegedly misleading investors by announcing a major COVID-19 test kit contract in the early days of the pandemic.

  • May 31, 2022

    11th Circ. Won't Revive Medical Co.'s Coverage Suit

    The Eleventh Circuit on Tuesday refused to revive a medical company's coverage dispute over a state attorney general's $6.4 million lawsuit, ruling that the underlying claims for false advertising fall outside the scope of its insurance policy.

  • May 31, 2022

    Regeneron Rips Amgen's 'Bundling Scheme' Amid IP Feud

    Regeneron Pharmaceuticals Inc. has launched a new antitrust lawsuit accusing Amgen of an illegal "bundling scheme" aimed at destroying the market for Regeneron's cholesterol medication Praluent and boosting sales of its main rival product, Amgen's Repatha.

  • May 31, 2022

    CRISPR Nobel Prize Winners Beat European Patent Challenge

    The European Patent Office's Opposition Division has refused to invalidate a Nobel Prize-winning team's patent for the gene-editing technology CRISPR-Cas9, a licensee announced Tuesday.

  • May 31, 2022

    Catching Up With Delaware's Chancery Court

    Tales of backstabbing, disabling conflicts and handbags costing six figures closed out a three-day trial for Aerojet Rocketdyne Holdings Inc. last week. The Delaware Chancery Court also pounded the gavel on a Brooklyn-based startup's power struggle, censured some "contumacious" cannabis company investors, and told a reality TV star to get real.

  • May 31, 2022

    2 Firms Guide Cardio Diagnostics' $175M SPAC Merger

    Cardio Diagnostics Inc. on Tuesday agreed to merge with blank-check company Mana Capital Acquisition Corp. in a deal that will take the cardiovascular health-focused firm public at an expected value of $175 million, guided by two law firms.

Expert Analysis

  • Addressing Patient Requests For Unauthorized Treatment

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    Recent controversy over patient requests for ivermectin as COVID-19 treatment highlights the complex conversations and tricky compliance challenges that health providers must sometimes navigate when patients request nonstandard treatments, say John Dow, Kathleen Hogan and Catherine Adams at St. Peter’s Health Partners.

  • How To Wind Down Patents In Russia Over Next 3 Months

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    With June 23 approaching as the last day on which U.S. businesses may pay anything to the Russian patent office for filing patents directly or through international Patent Cooperation Treaty applications, practitioners should begin making crucial filing and search decisions now to avoid liability, says Mark Mathison at Kilpatrick.

  • Opinion

    It's Time To Hold DC Judges Accountable For Misconduct

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    On the heels of Thursday's congressional hearing on workplace protections for judiciary employees, former law clerk Aliza Shatzman recounts her experience of harassment by a D.C. Superior Court judge — and argues that the proposed Judiciary Accountability Act, which would extend vital anti-discrimination protections to federal court employees, should also include D.C. courts.

  • How To Mitigate Sentencing Liability In Complex Fraud Cases

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    In light of Elizabeth Holmes’ recent convictions and the U.S. Department of Justice’s current focus on individual culpability for corporate fraud offenses, defense counsel should follow certain best practices to cabin loss and limit the application of overly punitive federal sentencing guideline enhancements, say attorneys at Alston & Bird.

  • Deploying Forum Selection Clauses To Bar PTAB Challenges

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    The Federal Circuit's recent Nippon v. Sarepta decision is the latest in a trilogy of cases offering clarity on using forum selection clauses to bar validity challenges at the Patent Trial and Appeal Board and on how disputes stemming from such clauses will likely be resolved, says Miranda Jones at Porter Hedges.

  • 4 Ways To Preserve Confidentiality Of Litigation Funding Docs

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    Though two recent rulings by Massachusetts and Illinois federal courts add to the growing body of case law denying discovery into litigation funding arrangements, prudence necessitates that lawyers, clients and funders follow certain best practices to ensure that their communications are not discoverable by opposing parties, says Stewart Ackerly at Statera Capital.

  • Drafting Negative Limitations After Novartis Patent Ruling

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    Following a recent Federal Circuit split decision that a Novartis drug patent had an adequate written description even where it was silent on dosing, practitioners should proceed with caution when adding negative claim limitations during preparation or prosecution, says Warren Woessner at Schwegman Lundberg.

  • Navigating Risks In FDA's New Digital Health Tech Guidance

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    The U.S. Food and Drug Administration’s recent guidance highlights several key benefits and risks regarding the use of digital health technologies to collect data in remote clinical trials, so practitioners will need to address the legal ramifications, including potential liability and data privacy concerns, says Janice Sperow at Sperow ADR.

  • Rebuttal

    Remote Hearings Are Ill-Suited Default For Litigation Realities

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    A recent Law360 guest article suggests that remote proceedings should be the default in civil litigation even after the pandemic, but courts should continue to give parties the option to appear in person because it can actually save long-term costs, prepare younger attorneys more effectively, and bring a necessary degree of seriousness to hearings, says Mark​ Eisen at Benesch Friedlander.

  • Stays Pending IPR In Del. District Courts Are Here To Stay

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    Recent trends in District of Delaware decisions on motions for parallel litigation stays pending inter partes reviews reveal that, although expected efficiencies may not materialize, stays continue to be a well-used dispute resolution strategy, say Casey Kraning and Kelly Del Dotto at Fish & Richardson.

  • Perspectives

    ABA's New Anti-Bias Curriculum Rule Is Insufficient

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    The American Bar Association's recently approved requirement that law schools educate students on bias, cross-cultural competency and racism, while a step in the right direction, fails to publicly acknowledge and commit to eradicating the systemic racial inequality in our legal system, says criminal defense attorney Donna Mulvihill Fehrmann.

  • Comparing FDA Medical Device Proposal With Global Rules

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    The U.S. Food and Drug Administration's recently proposed rule to align its medical device regulations with international standards could mark an important step toward global harmonization, but a few key differences raise concerns, say attorneys at Skadden.

  • Anti-Kickback Safe Harbors May Be Less Safe After Medtronic

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    A California federal court's recent order denying dismissal in U.S. v. Medtronic improperly acknowledges intent as a liability factor in a suit alleging violations of the Anti-Kickback Statute, which is likely to erode certainty in statutory AKS safe harbor protections, says Scott Landau at Abell Eskew.

  • 5 Advertising Enforcement Trends To Watch

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    As the Federal Trade Commission and state regulators step up consumer protection enforcement related to advertising and marketing, savvy companies should pay especially close attention to compliance around key issues including automatic subscription renewals, reviews and endorsements, U.S. origin claims, and green washing, say Amanda Beane and Jason Howell at Perkins Coie.

  • Opinion

    Remote Hearings Should Be The Default In Civil Litigation

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    The Federal Rules of Civil Procedure impose an affirmative duty on courts to eliminate undue cost, so remote hearings should be the default in civil litigation even after the pandemic, while in-person hearings must justify their existence, says Joshua Sohn at the U.S. Department of Justice.

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