Summer has wound down at the U.S. Attorney’s Office in Massachusetts, where some of the nation’s most elite health fraud prosecutors have been plotting their next moves since announcing a $465 million settlement with Mylan over EpiPen rebate shenanigans. Now, in an interview with Law360, they’re making clear that more shoes will drop on the drug pricing front.
The Third Circuit on Wednesday turned down requests by buyers of Wellbutrin XL to redo its August decision upholding a win for GlaxoSmithKline PLC in litigation accusing the company of delaying generic competition for the antidepressant.
A Massachusetts magistrate judge on Wednesday kept alive a former sales representative’s allegations that Acclarent Inc. fired her for questioning the company’s purported submission of false claims to the government, but tossed allegations against parent companies Ethicon Inc. and Johnson & Johnson.
IK Investment Partners has agreed to sell Schenck Process, which provides measuring and process technology and serves industries including food, chemicals, mining and construction, in a deal valuing the business at more than €700 million ($836.7 million), a source familiar with the matter confirmed to Law360 on Thursday.
Japanese drugmaker Kowa Co. Ltd. won a patent infringement trial against Amneal and Apotex on Wednesday when a New York federal judge delivered the verdict that Kowa’s patent for the statin Livalo was valid and that the defendants were not able to show it was anticipated or obvious.
Medical garment maker Vestagen Protective Technologies has gained an unfair market advantage by making false and unlawful claims that its products kill 99 percent of all pathogens, the CEO for rival Strategic Partners testified Wednesday in a California federal trial where his company is defending against theft of trade secret claims.
A woman who lost a hip replacement negligence case against DePuy Orthopaedics was granted a new trial Tuesday when an Illinois judge ruled the testimony of a joint replacement researcher had been unfairly barred from the original trial.
Trade associations from the entertainment, art, medical and technology industries announced a new partnership Tuesday with a mission to advance creativity and innovation while facing the challenge of enforcing their intellectual property internationally.
A Delaware federal judge on Wednesday denied W.L. Gore & Associates Inc.’s bid to toss a jury’s finding that Gore’s patent relating to a stent device, which Gore had unsuccessfully alleged was infringed by C.R. Bard Inc., is invalid over prior art.
A woman who lost a federal bellwether trial on claims that Janssen Pharmaceuticals’ and Bayer’s blood thinner Xarelto caused her hospitalization for internal bleeding has moved for a new trial, arguing jurors should see a recent study by Bayer scientists that contradicts the companies’ trial testimony.
Pfizer Inc. can't break into the market with its biosimilar version of Johnson & Johnson's blockbuster biologic Remicade, as J&J and its subsidiary Janssen Biotech Inc. have been holding on to a monopoly through a multifaceted anti-competitive campaign, Pfizer told a Pennsylvania federal court Wednesday.
Six plaintiffs on Wednesday told a Texas federal jury that a money-driven Johnson & Johnson pushed a dangerous metal-on-metal hip implant into the world that it knew wouldn’t work well and that was defectively manufactured, in the fourth bellwether trial in multidistrict litigation over the devices.
A Florida federal judge Tuesday sentenced a local woman to more than four years in prison for her part in a conspiracy to inject illicit silicone smuggled from Colombia into the buttocks of hundreds of spa customers.
A Florida doctor was sentenced Wednesday to eight years and one month behind bars for his role in a six-year, $4.8 million health care fraud scheme that involved the submission of false Medicare claims and illegal prescriptions of drugs including addictive opioids, the U.S. Department of Justice said.
The directors of fertility treatment developer OvaScience Inc. on Tuesday asked a Delaware federal judge to transfer a derivative action filed in the First State to Massachusetts, where the company is headquartered and where similar suits over excessive director compensation have already been filed.
Prosecutors and defense attorneys accused one another of misleading a jury in opening statements of the second meningitis murder trial Tuesday, with both sides asking the judge to tell jurors the other lawyers were wrong.
The U.S. Food and Drug Administration on Wednesday said that doctors shouldn’t withhold opioid addiction medications from patients taking drugs that depress the central nervous system, such as sleep aids and muscle relaxers, saying that while the combined use of these drugs is risky, opioid addiction is even worse.
A Pennsylvania appeals court has agreed to temporarily halt Teva Pharmaceuticals USA Inc.'s lawsuit against erstwhile business partner Impax Laboratories Inc. over a settlement Teva inked related to antidepressant Budeprion while Impax appeals a decision rejecting its bid to disqualify Goodwin Procter LLP from working on the case, according to an order docketed Wednesday.
Amgen Inc. accused the U.S. Food and Drug Administration Wednesday of limiting evidence in the company’s exclusivity bid for blockbuster calcium-control drug Sensipar, prompting a D.C. federal judge to ask that the parties privately solve the stalemate before the case goes forward.
Best Inc., an Alibaba-backed Chinese logistics company, raised $450 million in an initial public offering that was downsized significantly from original terms but still the largest of five IPOs that priced Tuesday and Wednesday, raising $995 million total.
Federal courts across the country are handing down important rulings interpreting the U.S. Supreme Court’s landmark decision on False Claims Act liability in Universal Health Services v. Escobar. As the rulings keep pouring in, stay up to speed on Law360’s latest coverage and analysis of Escobar’s impact.
Payment collection delays have caused law firms to seek new options, one of which is litigation finance. In this context, litigation finance can offer alternative avenues to firms as they approach the end of a fiscal year or partnership distribution dates, says Travis Lenkner of Burford Capital LLC.
Historically, plaintiffs rest false advertising claims upon allegations that marketing claims are unsubstantiated and not supported by reliable scientific evidence. But two recent decisions out of California suggest courts may not recognize a private right of action for false advertising claims arising out of alleged improper scientific substantiation, say Brett Taylor and Amy Alderfer of Cozen O'Connor.
Imagine going to a restaurant and ordering your steak medium-rare. The steak arrives burned. You expect the kitchen to bring you another one properly done, right? And you don’t expect to pay for two steaks, do you? Paying a vendor for document review should be no different, says Lisa Prowse, an attorney and vice president at e-discovery firm BIA Inc.
An important regulatory advantage enjoyed by "medical food" products is the ability to make affirmative claims that a particular medical food may assist in treatment or management of a disease condition. But the category is poised to attract increased attention from the U.S. Food and Drug Administration, says Kyle Diamantas of Baker Donelson Bearman Caldwell & Berkowitz PC.
Federal Circuit cases interpreting Halo will likely increase awards of attorney fees and thus portend an increase in allegations of willful infringement in Hatch-Waxman actions. The present standard for finding willful infringement in Hatch-Waxman actions is somewhat uncertain, say Brian Coggio and Ron Vogel of Fish & Richardson PC.
A federal judge recently said “show me” when 83 plaintiffs from 30 different states claimed personal jurisdiction in Missouri over a New Jersey-based talcum powder manufacturer. This ruling appears to be part of a trend that will likely lead to less talc-related litigation tourism in Missouri, says Steven Boranian of Reed Smith LLP.
Following the radical changes brought by advances in internet of things technology, the health care industry must take both immediate micro steps and larger macro steps to protect its patients from cyberrisks, say John Gilligan and Kimberly Metzger of Ice Miller LLP.
The Private Securities Litigation Reform Act protects “forward-looking statements,” but what if a prediction is presented with, and based upon, statements of current fact? New opinions from the Ninth Circuit suggest that such juxtaposing has become risky, say Nathaniel Cartmell III and Bruce Ericson of Pillsbury Winthrop Shaw Pittman LLP.
Is the rising spate of opioid litigation comparable to the litigation that led to the mega-billion dollar settlement with Big Tobacco? According to ex-trial lawyer Richard Scruggs, who helped engineer the $248 billion tobacco settlement in the 1990s, the answer is "sort of."
Although the Trump administration has completed the vetting and confirmation of a cabinet and White House staff, thousands of senior positions remain unfilled throughout the executive branch. More than ever, people selected for those posts find themselves under close scrutiny, say Adam Raviv and Reginald Brown of WilmerHale.