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Life Sciences

  • May 24, 2018

    J&J Claims $70M Award In Surgical Stapler Case Is Unjustified

    Johnson & Johnson asked a skeptical California appellate court Thursday to toss a $70 million punitive damages verdict awarded to a woman whose anus was accidentally stapled shut by a defective surgical instrument, saying evidence didn’t support the jury’s finding the device maker acted with malice.

  • May 24, 2018

    Asbestos In J&J Talc Killed 30-Year-Old Atty, Jury Told

    Counsel for the husband of an attorney who died at age 30 from mesothelioma told a South Carolina jury during closing arguments Thursday that asbestos in Johnson & Johnson's baby powder, sold at Rite Aid, caused the disease, while J&J responded that the woman had a rare type of mesothelioma not associated with asbestos.

  • May 24, 2018

    Latham, Goodwin Lead 2 Biotech IPOs Raising $227M

    Venture-backed biotechnology companies Kiniksa Pharmaceuticals Ltd. and Scholar Rock Holding Corp. debuted in public markets Thursday to strong investor receptions after completing initial public offerings that raised a combined $227 million, represented respectively by Latham & Watkins LLP and Goodwin Procter LLP.

  • May 24, 2018

    Procaps Hits Carlton Fields With $15M Malpractice Suit

    Procaps SA has brought a $15 million malpractice suit against Carlton Fields in Florida state court, accusing the firm of encouraging it to bring a disastrous antitrust suit against its former partner and not disclosing that the Colombian drugmaker could be left on the hook for attorneys’ fees if it lost.

  • May 24, 2018

    Howmedica's Decade Of Misconduct Won Zimmer $13M Fees

    A New Jersey federal judge ordered Howmedica to pay Zimmer Biomet $13.3 million in attorneys’ fees as part of a long-running patent dispute because Howmedica repeatedly misled the U.S. Patent and Trademark Office and spent 10 years pursuing claims it knew were baseless, according to an opinion made public Wednesday.

  • May 24, 2018

    Chinese Co.'s Suit Over GSK Probe Tied To US, 3rd Circ. Told

    A pair of consultants who alleged that they landed in a Chinese prison after GlaxoSmithKline LLC duped them into investigating an innocent whistleblower told the Third Circuit on Thursday that they meet the “domestic injury” requirement for filing a federal racketeering claim because their business is closely tied to the United States even though it is located in China.

  • May 24, 2018

    Hatch-Waxman Post-TC Heartland: What You Need To Know

    The U.S. Supreme Court's TC Heartland decision, which limited where patent lawsuits can be filed, has led to a bump in cases over generic drugs in Delaware while raising some legal questions and strategic issues for pharmaceutical companies.

  • May 24, 2018

    Pfizer Pays $24M To End Medicare Copay Kickback Claims

    Pfizer Inc. will pay $23.8 million to resolve allegations that it used a charitable organization to provide kickbacks to Medicare patients who took certain drugs manufactured by the pharmaceutical giant, the U.S. Department of Justice announced Thursday.

  • May 24, 2018

    Jury Hits J&J With $4M Punitives In Talc Cancer Trial

    A California jury found Thursday that Johnson & Johnson should pay $4 million in punitive damages a day after finding that asbestos in its talc baby powder was responsible for a woman's mesothelioma and awarding the woman $21.7 million in compensatory damages.

  • May 23, 2018

    J&J Hit With $21.7M Talc Asbestos Cancer Verdict In Calif.

    A California jury on Wednesday hit Johnson & Johnson with $21.7 million in compensatory damages in a trial over its talc baby powder's alleged connection with asbestos cancer, the plaintiff’s attorneys told Law360.

  • May 23, 2018

    SG Urges High Court To Take Up Merck's Fosamax Appeal

    The U.S. solicitor general told the Supreme Court on Tuesday that it should hear Merck’s appeal of a Third Circuit decision that revived multidistrict litigation over Merck Sharp & Dohme Corp.'s alleged failure to warn about hip fracture risks from its osteoporosis drug Fosamax.

  • May 23, 2018

    NY Doc Convicted For Distributing Opioids That Killed 2

    After five weeks of trial, a federal jury on Wednesday convicted a Long Island, New York, doctor of causing the overdose deaths of two patients by illegally distributing the opioid oxycodone, leaving him to face a mandatory minimum sentence of 20 years in prison plus a $10 million fine.

  • May 23, 2018

    Dexcom Hit With Atty Fees For 'Bad Faith' Patent Suit

    Diabetes glucose monitoring company Dexcom Inc. has to pay attorneys’ fees to its New Hampshire-based rival after a California federal judge held that it acted in “bad faith” by continuing to litigate a patent case despite multiple court warnings, according to an order unsealed Tuesday.

  • May 23, 2018

    Fed. Circ. Upholds Most Of Bovine Breeding Patent Verdict

    A split Federal Circuit panel on Wednesday mostly upheld a verdict that Trans Ova Genetics LC infringed XY LLC’s patents on sorting cattle semen for breeding, although the judges disputed whether an inter partes review invalidation of one patent rendered the validity of that patent moot.

  • May 23, 2018

    J&J Talc Supplier Challenges Evidence In $117M Verdicts

    Attorneys sparred Wednesday in New Jersey state court over a defense bid to toss verdicts totaling $117 million in damages against Johnson & Johnson and its talc supplier, Imerys Talc America Inc., on the grounds that a man’s decades-long exposure to the pharmaceutical giant’s asbestos-containing talcum powder contributed to his mesothelioma.

  • May 23, 2018

    FDA Wants Risky OTC Teething Treatments Pulled Off Market

    The U.S. Food and Drug Administration on Wednesday said it told companies that sell certain over-the-counter infant teething products to take their treatments off the market or else face penalties, as an ingredient in those products can cause a life-threatening blood disorder in children and infants.

  • May 23, 2018

    'Queen Of Toxic Torts' Leaves Quinn Emanuel For Dechert

    Quinn Emanuel Urquhart & Sullivan LLP on Tuesday said Sheila Birnbaum, a product liability defense attorney nicknamed the “Queen of Toxic Torts,” is leaving the firm to join Dechert LLP’s New York office, along with fellow partners Mark Cheffo and Douglas E. Fleming.

  • May 23, 2018

    UCB’s Epilepsy Drug Patent Win Upheld By Fed. Circ.

    The Federal Circuit on Wednesday affirmed a Delaware federal court's finding that a UCB Inc. patent on the epilepsy drug Vimpat is not invalid for double patenting or obviousness, upholding the company's win over a slew of generics makers including Mylan and Accord.

  • May 23, 2018

    Biosimilars Imperiled By Big Drug Rebates, FDA Chief Warns

    The fledgling industry of lower-cost biosimilars is increasingly imperiled by hefty rebates that are attached to higher-cost biologics in exchange for preferential insurance coverage, the U.S. Food and Drug Administration’s leader said Wednesday.

  • May 23, 2018

    Impax Dismissal Offers Clues On Pay-For-Delay Under Actavis

    The recent dismissal of a Federal Trade Commission action challenging a purported pay-for-delay agreement between Endo and Impax provides important insights about how courts could analyze these types of agreements under the Supreme Court's landmark Actavis ruling.

Expert Analysis

  • Keys To Protecting Communications With Litigation Funders

    Alan Guy

    As different jurisdictions impose their own disclosure requirements regarding commercial litigation finance, there can be no “one size fits all” approach to ensuring confidentiality. But litigants, lawyers and litigation funders may be able to decrease disclosure risks through a handful of best practices, says Alan Guy of Vannin Capital.

  • Trade Rep Hints At More CFIUS Scrutiny Of Biotech Deals

    Stephen Mahinka

    The Section 301 report issued in March by the United States Trade Representative highlighted foreign acquisitions and investments in the U.S. biotechnology industry. Counsel on both sides of a transaction in this sector should consider carefully whether involvement by foreign entities, especially from China, should be filed for review by CFIUS before closing, say Stephen Mahinka and Carl Valenstein of Morgan Lewis & Bockius LLP.

  • Lessons From FDA Draft Guidance On Multifunctional Devices

    Gregory Levine

    Draft guidance​ issued last month​ provides insight into how the ​U.S. Food and Drug Administration conceives of its authority to regulate multiple function devices consistent with the 21st Century Cures Act. Companies should consider how to operationalize the FDA's approach when developing such devices, say Gregory Levine and Abram Barth of Ropes & Gray LLP.

  • CPSC Steps Up Action On Safe Product Packaging Standards

    Amy Rubenstein

    For the first time, the U.S. Consumer Product Safety Commission has imposed a civil penalty against a company for violations of Poison Prevention Packaging Act standards — despite no evidence of consumer injury. Prudent pharmaceutical and household product manufacturers may want to review their packaging compliance programs and reporting, to avoid penalties, litigation and recalls, say Amy Rubenstein and Jamie Davis of DLA Piper.

  • Introducing The Legal Industry To Millennial Business Owners

    Yaima Seigley

    ​The current business climate has produced vast opportunities for seasoned lawyers to create valuable connections with millennial business owners, but first lawyers must cleanse their palate of misconceptions regarding millennials, says Yaima Seigley of Isaac Wiles Burkholder & Teetor LLC.

  • Praxair And The Printed Matter Doctrine

    Paul Zagar

    The Federal Circuit's May 16 decision in Praxair v. Mallinckrodt calls attention to the printed matter doctrine as an additional means for attacking diagnostic method and personalized medicine claims, already under siege from Section 101 subject matter eligibility challenges, says Paul Zagar of Leason Ellis LLP.

  • Advertiser Self-Regulation And Class Actions: Part 3

    John Villafranco

    Companies take part in National Advertising Division proceedings as a form of industry self-regulation — and as an alternative to potentially costly litigation. Analysis of which plaintiffs firms are filing lawsuits after NAD rulings, and whether NAD decisions have any impact on federal courts, supports the conclusion that NAD participation has little correlation with consumer class actions, say attorneys with Kelley Drye & Warren LLP.

  • Highlights Of Proposed Medicare Payment And Policy Rules

    Kathleen Rubinstein

    The Centers for Medicare & Medicaid Services recently released a deluge of proposed Medicare payment updates and policy changes for hospitals and post-acute providers. Key themes emerging from the proposal include encouraging price transparency, promoting exchange of health care data and easing the regulatory burden on providers, say attorneys with Morgan Lewis & Bockius LLP.

  • A Proposed Approach For High Court In Vitamin C Case

    Michael Kimberly

    It is safe to expect a narrow ruling from the U.S. Supreme Court in Animal Science v. Hebei, instructing lower courts not to give conclusive deference to foreign sovereigns’ legal submissions. But it would be more sensible to instruct U.S. courts to assess whether these submissions are entitled to any deference in their country of origin and, if so, to give them that deference, say Michael Kimberly and Matthew Waring of Mayer Brown LLP.

  • Advertiser Self-Regulation And Class Actions: Part 2

    John Villafranco

    Are plaintiffs lawyers scouring National Advertising Division rulings for litigation targets? An analysis of the timing of class actions in relation to NAD decisions suggests that the risk of being subject to a follow-on consumer class action after participation in an NAD proceeding that results in an adverse decision is low, say attorneys with Kelley Drye & Warren LLP.