Life Sciences

  • May 26, 2017

    Ethicon Seeks High Court Review In $3M Pelvic Mesh Suit

    Johnson & Johnson subsidiary Ethicon Inc. has asked the U.S. Supreme Court to review a Fourth Circuit decision upholding a $3.27 million jury verdict in a bellwether trial over the company's allegedly harmful pelvic mesh, saying the appellate court misunderstood precedent in allowing the exclusion of certain product review evidence.

  • May 26, 2017

    Dallas Morning News Must Face Libel Suit Over Pharma Series

    A Texas appeals court ruled on Thursday that the Dallas Morning News can't exit a libel suit brought against it by the owners of a compounding pharmacy, finding that a series the paper ran on the industry may have erroneously implied their business was under federal investigation.

  • May 26, 2017

    Amgen Sues FDA Over Exclusivity For Blockbuster Sensipar

    The U.S. Food and Drug Administration improperly denied extra exclusivity for Amgen Inc.’s blockbuster calcium-control drug Sensipar despite years of exhaustive research conducted at the agency’s request, according to a new lawsuit from Amgen in D.C. federal court.

  • May 26, 2017

    Omnicare Pays $13M To End Kickback, Medicaid Fraud Suit

    Omnicare Inc. on Thursday asked a Massachusetts federal judge to approve a $13 million settlement to end a False Claims Act case brought by whistleblowers alleging fraudulent Medicaid claims and kickbacks to pharmacies that prescribed an antidepressant drug.

  • May 26, 2017

    J&J's Aveeno Settles 'Natural' Labeling Suit For $6.75M

    Johnson & Johnson will pay $6.75 million and remove an “Active Naturals” label from a line of Aveeno products after consumers complained the name was deceptive since the products contained synthetic ingredients, according to a settlement agreement filed in New York federal court on Friday.

  • May 26, 2017

    Drug Settlement Malpractice Suits Rightly Tossed: 10th Circ.

    Allegations that a plaintiffs lawyer who once represented hundreds of clients suing Eli Lilly & Co. and Bristol-Myers Squibb Co. over diluted cancer drugs committed malpractice by not sharing information about a global settlement deal were properly thrown out, a Tenth Circuit panel said Thursday.

  • May 26, 2017

    Instant Coffee Sex Aid Recalled After Report Of Death

    A Malaysia-based company on Thursday said that it’s recalling an instant coffee product marketed as a sexual enhancement supplement, following the report of an individual’s death after drinking the coffee and a U.S. Food and Drug Administration analysis showing it contained erectile dysfunction drugs.

  • May 26, 2017

    Consumer Agrees To Dismiss Suit Over CVS Vitamins

    A CVS customer on Friday agreed to drop a proposed class action against the drug chain in Rhode Island federal court for allegedly misleading consumers about the heart-health benefits of vitamin E supplements.

  • May 26, 2017

    Bard Ends 97 More Suits In Pelvic Mesh MDL

    A West Virginia federal judge on Friday dismissed dozens of pelvic mesh cases against C.R. Bard Inc. after the New Jersey company reached settlements.

  • May 26, 2017

    J&J Hit With $2.16M Verdict In 4th Philly Mesh Case

    Johnson & Johnson continued a string of losses in Philadelphia’s pelvic mesh mass tort program Friday, but the $2.16 million award in favor of a Pennsylvania woman was the lowest figure yet in the four cases tried to verdict and the first to not include punitive damages.

  • May 25, 2017

    TC Heartland Adds To Fed. Circ. Losing Streak At High Court

    In its blockbuster ruling this week restricting where patent infringement suits can be filed, the U.S. Supreme Court issued yet another blow to the Federal Circuit in an ongoing battle over whether the court is reading too much into statutes and creating too many elaborate rules for patent law.

  • May 25, 2017

    FDA Chief Vows Action On Generic Approvals, Obstruction

    The U.S. Food and Drug Administration’s newly confirmed leader said Thursday that the agency will soon take action to ease drug prices by speeding development of generic medicines and cracking down on efforts by brand-name drugmakers to impede competition.

  • May 25, 2017

    Pharma Cos. Say No Fraud Claimed In Cancer Drug Size Suit

    Three companies involved in the manufacture and distribution of the cancer drug Velcade told an Illinois federal judge on Thursday to dismiss claims they conspired to inflate sales by selling oversized vials, saying the union health plans that filed the suit failed to state any real claims.

  • May 25, 2017

    Zimmer Knee Implant Cases Will Move Forward As MDL

    An Illinois federal judge has said she will not disband multidistrict litigation accusing Zimmer Inc. of manufacturing shoddy knee implants before she can try another pair of bellwethers in her court.

  • May 25, 2017

    Deals Rumor Mill: Staples, Web.com, Stada

    Staples has rejected a takeover offer that valued the company at more than $5.8 billion, Web.com is in discussions with private equity firms about a potential buyout, and Advent, Permira and Shanghai Pharmaceuticals have decided not to offer to buy German pharmaceutical company Stada.

  • May 25, 2017

    GSK Seeks New Trial In Reed Smith Atty Suicide Case

    GlaxoSmithKline asked an Illinois federal judge Thursday to grant it a new trial over a suit filed by the widow of a Reed Smith LLP attorney who died after taking a generic form of one of its antidepressants, arguing the jury’s finding that the company was liable for his suicide wasn’t supported by the evidence.

  • May 25, 2017

    Teva To Pay $1.6M To Resolve Calif. Counties' Opioid Suit

    Teva Pharmaceuticals Inc. will pay $1.6 million for substance abuse treatment to resolve a lawsuit brought in state court by two California counties over allegedly misleading marketing practices involving opioid painkillers, according to media reports Thursday.

  • May 25, 2017

    Drug Wholesalers Blast Forest’s Bid For Profit Docs

    A proposed class of drug wholesalers urged a New York federal judge Wednesday to deny Forest Laboratories LLC’s request for certain documents in an antitrust suit alleging the drugmaker blocked generics for its Namenda Alzheimer’s treatment, saying their profit information is irrelevant in an antitrust case.

  • May 25, 2017

    Chinese Cos. Buy Condom, Sexual Wellness Biz For $600M

    The maker of LifeStyles condoms said Wednesday that it plans to sell its sexual wellness arm to a Chinese consortium for $600 million, as it pivots away from consumer products and toward a business-to-business approach.

  • May 25, 2017

    Pfizer Says Expert Testimony In Celebrex Suit Unreliable

    Pfizer asked a Virginia federal judge Wednesday to exclude expert testimony supporting the certification of a class of direct purchasers who allege the drugmaker used fraudulent patents to delay generic-drug competition for its Celebrex painkiller, saying the testimony is not reliable.

Expert Analysis

  • Fed. Circ.'s Approach To Unexpected Results In Pharma Cases

    Francis C. Lynch

    In many obviousness challenges to pharmaceutical patents, patentees have presented evidence of unexpected advantages or properties of claimed inventions in support of nonobviousness. The Federal Circuit initially used such unexpected results to support the nonobviousness but in recent years has refused to give them significant weight, says Francis C. Lynch, a retired Goodwin Procter LLP senior partner.

  • My Milkshake Is Better Than Yours: Part 2

    Jill Dessalines

    In the second installment of this two-part series on disruptive innovation among mid-size law firms, Jill Dessalines, founder of Strategic Advice for Successful Lawyers and former senior vice president at McKesson Corp., explores a number of ideas for keeping clients and maintaining market position.

  • Extending Omnicare Beyond The Section 11 Case

    William Sullivan

    With its recent decision in a securities suit against Align Technology, the Ninth Circuit joined the Second Circuit in applying Omnicare’s heightened falsity pleading standards to Section 10(b) and Rule 10b-5 fraud claims. Companies should therefore pay attention to the Omnicare standards as applied to all of their public statements, say attorneys with Paul Hastings LLP.

  • The Next Steps For Biometrics Legislation Across The US

    Justin Kay

    This month, Washington became the third state after Illinois and Texas to enact its own legislation generally governing the collection, use and retention of biometric data. As biometric information becomes more commonplace, there appears to be a renewed focus on the Illinois law, as well as a new impetus in other states to pass similar laws, say Justin Kay and Brendan McHugh of Drinker Biddle & Reath LLP.

  • My Milkshake Is Better Than Yours: Part 1

    Jill Dessalines

    As I sat there listening, incredulous to learn that "Milkshake" was not only a real song but also a chart-topper, it reminded me of Harvard Business School Professor Clayton Christensen’s work on disruptive innovation — and how it pertains to mid-size law firms, says Jill Dessalines, founder of Strategic Advice for Successful Lawyers and former assistant general counsel of McKesson Corp.

  • A Potent Weapon For Fighting False Ad Claims At 9th Circ.

    Michelle Gillette

    The Ninth Circuit’s recent decision in Kwan v. SanMedica International is good news for companies doing business in California, especially supplement manufacturers, that often find themselves sued in class actions attacking the studies on which they base their claims, say Michelle Gillette and Josh Foust of Crowell & Moring LLP.

  • AIA Trial Institution Rates Are Good News For Patent Owners

    Kerry Taylor

    The U.S. Patent and Trademark Office recently released America Invents Act trial statistics through the first half of fiscal year 2017, and one trend is clear: The overall trial institution rates for inter partes reviews, covered business method reviews and post-grant reviews are down, say Kerry Taylor and Nathanael Luman of Knobbe Martens Olson & Bear LLP.

  • Back To The Fourco: High Court's New, Old Patent Venue Test

    Brian Ferguson

    For nearly 30 years, courts have liberally construed the patent venue statute. But no more — on Monday the U.S. Supreme Court reinstated its 1957 Fourco interpretation of the statute. This decision in TC Heartland will have a profound and immediate impact on patent litigation, say Brian Ferguson and Rahul Arora of Weil Gotshal & Manges LLP.

  • Attorneys, Your Input Is Needed On Deposition Rule

    Frank Silvestri, Jr.

    Every lawyer who’s handled a civil case in federal court knows about Rule 30(b)(6), governing deposition procedures. But for many real-world deposition dilemmas, the rule offers little guidance. Last year, an Advisory Committee on Civil Rules subcommittee began considering whether the rule should be amended. Now attorneys must advise the subcommittee how to proceed, says Frank Silvestri Jr. of Verrill Dana LLP.

  • Learning From Social Media For Adverse Event Reporting

    Mei Sheng Duh

    As researchers continue to develop tools and methods to analyze social media data after patients' exposure to pharmaceutical and biotechnology products, it becomes necessary to consider how to best use that data and how to limit the data's uses in identifying and evaluating drug-induced adverse events, say analysts at Analysis Group Inc.