Life Sciences

  • November 17, 2017

    Orexigen Seeks Toss Of Suit Over Drug Trial Leaks

    A lawsuit seeking damages from Orexigen Therapeutics Inc.'s board for sharing confidential information about an unfinished obesity drug trial fails to connect the leaks to any improper intent, a directors' attorney said in arguing for dismissal of the case Friday in Delaware Chancery Court.

  • November 17, 2017

    Texas Justices Shelve J&J Mesh Case After Appeal Dropped

    The Texas Supreme Court on Friday decided to end a case asking when the clock begins to run on a personal injury claim stemming from an allegedly defective product, after the plaintiff in a Johnson & Johnson unit pelvic mesh suit dropped her connected Eleventh Circuit appeal.

  • November 17, 2017

    Catheter IP Row Settles After Fed. Circ. Kills $20M Ruling

    AngioScore Inc. and TriReme Medical LLC have settled a breach of duty and patent infringement suit over the design of a heart catheter after the Federal Circuit overturned a $20 million judgment in AngioScore’s favor, the companies told a California federal court Thursday.

  • November 17, 2017

    VC-Backed Stitch Fix Ekes Gain After $120M IPO Prices Low

    Shares of venture-backed e-commerce startup Stitch Fix Inc. barely gained on Friday after pricing a downsized $120 million initial public offering, making it one of five issuers spanning the technology, real estate, banking and life science sectors to debut on public markets.

  • November 17, 2017

    Colgate Says Experts' Nix Undermines Philly Talc Case

    The recent exclusion of two expert witnesses for a customer alleging Colgate-Palmolive Co.’s talcum powder contained asbestos that caused her mesothelioma means Colgate should not face trial in the matter, the company told a Philadelphia judge on Thursday.

  • November 17, 2017

    Health Hires: Hogan Lovells, Jones Day, Morgan Lewis

    The last several weeks have seen the health and life sciences teams at Hogan Lovells, Jones Day, Morgan Lewis & Bockius LLP and Berkeley Research Group LLC grow, with newcomers from the ranks of Medtronic Inc., BakerHostetler, the U.S. Department of Health and Human Services Office of Inspector General and elsewhere.

  • November 17, 2017

    USPTO Defends Win-Or-Lose Fee Rule To Full Fed. Circ.

    The U.S. Patent and Trademark Office filed its opening brief Thursday at the Federal Circuit in a closely watched case over its new stance that applicants who appeal to a district court must pay the agency’s legal bills regardless of who wins the case.

  • November 17, 2017

    Scientists See No Solution As Talc Cases Test The System

    Cases alleging talcum powder causes ovarian cancer have exploded in recent years, with thousands of plaintiffs filing suit in hope of following the massive multimillion dollar verdicts against Johnson & Johnson in Missouri and California, but these claims carry no water in other courts, and experts researching the issue are divided on which side the science supports.

  • November 17, 2017

    Taxation With Representation: Andrews, Mayer, Jones, Delaby

    In this week’s Taxation With Representation, Marathon Petroleum dropped down $8.1 billion in assets to its master limited partnership, Caesars Entertainment acquired Centaur for $1.7 billion, Shanghai Pharma snapped up the China business of Cardinal Health for $557 million, and OMERS bought Trescal in a $788.6 million deal.

  • November 16, 2017

    Tribe Seeks Injunction Against Hemp-Seizing Calif. County

    The Winnemucca Shoshoni MBS tribe, American States University and others asked a California federal judge Thursday to stop San Joaquin County from enforcing a new ordinance that halted the cultivation of industrial hemp and led the county and the U.S. Drug Enforcement Administration to seize $77 million worth of their crops.

  • November 16, 2017

    Tech Co. Must Face Suit Over Patient Monitoring System

    Hospital technology company Draeger Inc. can't escape a suit brought by Chicago’s Rush University Medical Center that claims Draeger's patient monitoring system Rush purchased for $18 million in 2011 was ineffective and put patients at risk, an Illinois federal judge ruled Thursday.

  • November 16, 2017

    Gov't Asks 2nd Circ. To Toss Pfizer's $8.3M Interest Case

    The U.S. on Wednesday slammed Pfizer's appeal to the Second Circuit of a district court order dismissing its $8.3 million interest suit, saying the pharmaceutical giant brought its action in the wrong court and after the proper statute of limitations period had passed.

  • November 16, 2017

    NantKwest Investor Sues Insiders Over Restatements

    A NantKwest shareholder filed a derivative suit Thursday against company insiders, saying the board knew the company was misrepresenting tens of millions of dollars in compensation but hid it from shareholders and continued to try to cover it up afterward.

  • November 16, 2017

    Shkreli Auditor Says Investor Settlements Seemed Legit

    An auditor who did work for Martin Shkreli-founded Retrophin Inc. on Thursday told jurors in the trial of the controversial pharmaceutical executive’s former Katten Muchin attorney that he didn’t believe there was anything wrong with a series of settlements with investors in Shkreli's MSMB hedge funds that prosecutors say were fraudulent.

  • November 16, 2017

    Senate Sends $700B Defense Bill To Trump's Desk

    The U.S. Senate on Thursday unanimously approved the nearly $700 billion 2018 National Defense Authorization Act, sending the legislation to be signed into law alongside a companion bill intended to address concerns about the U.S. Department of Defense exercising oversight of drugs and medical devices.

  • November 16, 2017

    Insys Founder Denies Plot To Bribe Doctors Over Opioid Spray

    Insys Therapeutics Inc. founder John N. Kapoor pled not guilty on Thursday to orchestrating a national scheme to bribe doctors to needlessly prescribe his company’s unique and powerful opioid painkiller that is sprayed under the tongue.

  • November 16, 2017

    PTAB Chief Debunks Patent Myth As Petitions Soar

    The Patent Trial and Appeal Board's chief judge said Thursday that he wants to debunk the notion that patent owners are getting "gang tackled” as the PTAB receives more review petitions than ever, arguing that 84 percent of the time a single petitioner challenges the patent.

  • November 16, 2017

    3rd Circ. Won't Revive FCA Suit Against CVS Caremark

    In a precedential ruling Thursday, the Third Circuit affirmed a Pennsylvania federal judge’s dismissal of a False Claims Act lawsuit against CVS Caremark Corp., finding that although the lower court’s reasoning was wrong, the whistleblower failed to show the alleged misrepresentations were important to the government’s decision to pay claims under Medicare Part D.

  • November 16, 2017

    Xarelto Witness-Tampering Testimony Barred, For Now

    A Pennsylvania state judge said Wednesday that, for now, he would not allow jurors in an ongoing trial over injuries allegedly caused by the blood thinner Xarelto to hear from a Janssen Pharmaceuticals Inc. sales representative suspected of trying to influence a doctor’s testimony in the case.

  • November 16, 2017

    Pharma Trading Suspects Denied Bid To Trim Suit

    A Massachusetts federal judge on Thursday refused to trim a lawsuit alleging insider trading by two former employees of Akebia Therapeutics Inc. and Merrimack Pharmaceuticals Inc.

Expert Analysis

  • From Snaps To Tweets: The Craft Of Social Media Discovery

    Matthew Hamilton

    Courts have consistently held that social media accounts are subject to established discovery principles but are reluctant to allow parties to rummage through private social media accounts. Recent case law confirms that narrowly tailored information requests get the best results, say Matthew Hamilton, Donna Fisher and Jessica Bae of Pepper Hamilton LLP.

  • A Post-Lexmark Plan For Multiple Inventive Methods Of Use

    Jorge Goldstein

    Following the U.S. Supreme Court's decision this year in Impression Products v. Lexmark, companies — particularly pharmaceutical companies — should look to obtain multiple distinct patents with method-of-use claims in order to insulate at least part of their patent portfolios from the defense of patent exhaustion, say Jorge Goldstein and Neil Shull of Sterne Kessler Goldstein & Fox PLLC.

  • Consultant Contracts Can Create California Connection

    Anne Gruner

    A California court recently held that it has specific personal jurisdiction over nonresident defendants for nonresident plaintiffs’ claims, because the defendants had contracts with two California consultants on the design of the hip implant at issue. This case could lead to more plaintiffs using consulting contracts to subject defendants to suit in particular jurisdictions, says Anne Gruner of Duane Morris LLP.

  • Illinois Biometrics Privacy Suits Bring Insurance Questions

    Jonathan Schwartz

    In the past two years, we witnessed a wave of putative class actions filed under Illinois’ Biometric Information Privacy Act, with the rate of filings increasing exponentially in recent months. Insurers should take note of their potential coverage obligations under various policies, say Jonathan Schwartz and Colin Willmott of Goldberg Segalla LLP.

  • An Interview With Former DHS Secretary Jeh Johnson

    Randy Maniloff

    Jeh Johnson, the former secretary of homeland security, was kind enough to let me visit him to reflect on his diverse career. He told stories that left me speechless. And yes, the man who was responsible for the Transportation Security Administration removed his shoes when going through airport security. You bet I asked, says Randy Maniloff of White and Williams LLP.

  • Hurdles To Consider When Securing A Personnel File

    Michael Errera

    Attorneys should follow seven key points to ensure that their discovery requests and pleadings are appropriately prepared to overcome common hurdles that may be encountered when requesting production of a personnel file, say Michael Errera and Paul Ferland of Foran Glennon Palandech Ponzi & Rudloff PC.

  • Calif.'s New Focus On Drug Pricing Transparency

    John Chelsey

    California Gov. Jerry Brown recently signed SB-17, a law intended to foster transparency in connection with drug pricing and its impact on insurance costs. The law imposes significant new reporting requirements on many drug manufacturers, pharmacy benefit managers, and health care service plans and health insurers operating in California, say attorneys with Ropes & Gray LLP.

  • China's FDA Reform Will Encourage Life Science Innovation

    Katherine Wang

    A recent China Food and Drug Administration Office circular outlines a series of robust reform initiatives that will likely transform the competitive dynamics in China's life sciences industry and considerably impact pharmaceutical and device companies' strategies in the Chinese market, say Katherine Wang and Silvia Mo of Ropes & Gray LLP.

  • Series

    Judging A Book: Gilstrap Reviews 'Alexander Hamilton'

    Judge Rodney Gilstrap

    While Alexander Hamilton is the subject of a hit Broadway musical and renewed biographical examinations, professor Kate Brown takes us down a road less traveled in her book "Alexander Hamilton and the Development of American Law" — showing Hamilton as first, last and foremost an American lawyer, says U.S. District Judge Rodney Gilstrap of the Eastern District of Texas.

  • Deliberate Discovery Responses Shift Onus Onto Opponent

    Alexis Kellert

    In a recent ruling, the Fifth Circuit found that a plaintiff who failed to pursue discovery of withheld documents was not entitled to relief from summary judgment in favor of the defendant. Keeping discovery responses specific and narrow puts the onus on your adversary to follow up as cases develop, says Alexis Kellert of Weil Gotshal & Manges LLP.