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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.