Life Sciences

  • September 21, 2017

    What The DOJ's Elite Health Fraud Squads Are Watching

    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.

  • September 21, 2017

    3rd Circ. Lets Be GSK Win In Wellbutrin Pay-For-Delay Row

    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.

  • September 21, 2017

    J&J Unit Must Face Whistleblower's Retaliation Case

    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.

  • September 21, 2017

    Germany-Based Schenck Valued At More Than €700M In Sale

    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.

  • September 20, 2017

    Patent For Cholesterol Drug Livalo Is Valid, Judge Rules

    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.

  • September 20, 2017

    Pathogen-Killer Claims Unfair, Medical Co. CEO Testifies

    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.

  • September 20, 2017

    New Trial Granted In DePuy Hip Replacement Litigation

    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.

  • September 20, 2017

    New Group Aims To Protect American IP In Trade Deals

    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.

  • September 20, 2017

    Gore Can't Slip Invalidity Verdict In Stent Patent Row

    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.

  • September 20, 2017

    Xarelto Bellwether Loser Says New Study Merits Retrial

    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.

  • September 20, 2017

    J&J Blocking Remicade Biosimilar Sales, Pfizer Says

    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.

  • September 20, 2017

    4th Bellwether Over J&J Metal Hip Implants Kicks Off

    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.

  • September 20, 2017

    Miami Woman Gets 4 Years For Spa Silicone Injection Scheme

    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.

  • September 20, 2017

    Fla. Doctor Gets 8 Years For Role In $4.8M Medicare Fraud

    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.

  • September 20, 2017

    OvaScience Board Seeks Derivative Case Transfer To Mass.

    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.

  • September 20, 2017

    Meningitis Murder Trial Dogged By Accusations Jurors Misled

    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.

  • September 20, 2017

    Caution In Mixing Methadone, Benzos Can Reduce Risk: FDA

    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.

  • September 20, 2017

    Goodwin Procter DQ Bid Pauses Teva-Impax Indemnity Suit

    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.

  • September 20, 2017

    FDA Cherry-Picking Record In Sensipar Case, Amgen Says

    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.

  • September 20, 2017

    Alibaba-Backed Best Leads 5 IPOs Raising Nearly $1B

    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.

Expert Analysis

  • The Role Legal Finance Can Play In Firm Year-End Collections

    Travis Lenkner

    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.

  • It's On Plaintiffs To Prove No Scientific Substantiation

    Brett Taylor

    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.

  • 'Per-Doc' Pricing Can Improve Document Review

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    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.

  • As Medical Food Industry Grows, So May FDA Scrutiny

    Kyle Diamantas

    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.

  • A Review Of Willfulness Findings In Hatch-Waxman Actions

    Brian Coggio

    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.

  • Failure To Show Personal Jurisdiction In 'Show Me' State

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    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.

  • Large And Small Cyberrisk Solutions For Health Care Cos.

    John Gilligan

    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.

  • In 9th Circ., Facts Can Doom Forward-Looking Statements

    Nathaniel Cartmell III

    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.

  • Are Opioids The New Tobacco?

    Richard Scruggs

    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."

  • A Guide To The Executive Branch Official Nomination Process

    Adam Raviv

    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.