Life Sciences

  • January 17, 2018

    Argentum Wins Invalidation of J&J Unit’s Cancer Drug Patent

    The U.S. Patent Trial and Appeal Board ruled Wednesday that a patent for Johnson & Johnson’s Zytiga prostate cancer drug described an obvious process, invalidating the last remaining patent blocking Argentum Pharmaceuticals LLC from making a generic version of a product that reaped $2.26 billion in sales in 2016.

  • January 17, 2018

    Deals Rumor Mill: CBS, J&J, Weinstein Co.

    Shari Redstone reportedly wants to see some fresh faces on CBS Corp.'s board, Johnson & Johnson's diabetes care unit could be sold to a Chinese consortium and Miramax's bid for the Weinstein Co. is hampering the company's potential sale.

  • January 17, 2018

    Merck, Glenmark Stifled Cholesterol Drug Market, Suit Says

    Merck & Co. and generics manufacturer Glenmark Pharmaceuticals Inc. were hit with a putative class action in Virginia federal court Wednesday claiming an agreement to keep a generic version of cholesterol treatment Zetia off the market for five years created an unlawful monopoly.

  • January 17, 2018

    AndroGel Can Cause Blood Clots Many Ways, Doc Tells Jury

    AndroGel and other testosterone replacement therapy drugs increase the risk of dangerous blood clots in men who use them, a Yale School of Medicine physician testifying for an AndroGel user suing AbbVie Inc. told an Illinois federal jury Wednesday.

  • January 17, 2018

    Investor Gets 1 Year For Insider Trading On Gilead Buy

    A Florida man who copped to his role in an insider trading scheme stemming from Gilead Sciences Inc.’s $11 billion acquisition of New Jersey-based Pharmasset Inc., which made the latter company’s stock value jump nearly 90 percent, was sentenced Wednesday to a year and a day in prison, federal prosecutors announced.

  • January 17, 2018

    Calif. County Wants Tribe's Suit Over Hemp Seizure Nixed

    California’s San Joaquin County on Tuesday defended its decision to seize $77 million worth of hemp crops from a Native American tribe, a university and others, asking a California federal court to dismiss a related suit because the local ordinance it was enforcing is legal and the crops were not legal.

  • January 17, 2018

    IRS Delays Penalty For Excise Tax On Medical Devices

    The Internal Revenue Service will not impose a penalty on medical device manufacturers that fail to make excise tax deposits due in the first three quarters of the year, according to an announcement on Wednesday.

  • January 17, 2018

    Chamber Backs GSK In 3rd Circ. Flonase Rehearing Bid

    Letting Louisiana bring claims that GlaxoSmithKline PLC blocked generic versions of its Flonase nasal spray, after the state was involved in a class settlement over the same allegations, would “deal a major blow” to such deals, the U.S. Chamber of Commerce told the Third Circuit on Tuesday.

  • January 17, 2018

    Puma Biotech Investors Say Depo Camera Is Meant To Harass

    Camera-shy lawyers representing Puma Biotechnology Inc. investors on Tuesday asked a California federal judge to block a Latham & Watkins LLP defense team from training a video camera on them at an upcoming deposition.

  • January 17, 2018

    Pa. Court Urged To Resurrect Actiq Off-Label Marketing Suit

    The attorney for the father of a Pennsylvania man who died from methadone toxicity after being prescribed Cephalon’s opiate painkiller “lollipop” Actiq to treat migraine headaches urged a state appeals court Wednesday to revive his lawsuit, contending that his claims were not preempted by federal law.

  • January 17, 2018

    House May Vote On Spending Bill Delaying ACA Taxes

    The House could vote as early as Thursday on a short-term government funding bill that would delay the onset of three taxes originally enacted in the Affordable Care Act health care reform law, but the legislation could stall as Republicans and Democrats disagree on what should be included in the measure.

  • January 17, 2018

    J&J Unit Can't Nix FCA Suit Over Hip Implants Yet

    A Massachusetts federal judge on Wednesday nixed a bid from Johnson & Johnson Services Inc. and its subsidiary DePuy Orthopaedics Inc. to escape a revised version of a suit alleging they indirectly submitted false claims to the government for faulty hip replacement devices.

  • January 17, 2018

    Ex-Sen. Dodd, Eli Lilly Litigation Head Join Arnold & Porter

    Arnold & Porter Kaye Scholer LLP on Tuesday said former U.S. Sen. Christopher Dodd will join the firm in Washington, D.C., as part of its legislation and public policy group, while the former head of litigation for Eli Lilly & Co. will come aboard in its life sciences and health care regulatory practice.

  • January 17, 2018

    Hep C Meds Patent Row Can't Stay In Minn., Fed. Circ. Says

    The Federal Circuit on Wednesday refused to order that a patent lawsuit brought by the University of Minnesota against Gilead Sciences Inc. over hepatitis C medications be allowed to remain in the North Star State, leaving in place a ruling that found that storage lockers leased by Gilead did not create a place of business.

  • January 17, 2018

    Ex-Aveo Exec Says SEC Exaggerated Role In Investor Fraud

    Aveo Pharmaceuticals Inc.’s former chief medical officer told a Massachusetts federal court Tuesday that he shouldn't have to pay a fine or be barred from leadership positions because the U.S. Securities & Exchange Commission exaggerated his alleged role in deceiving investors about Aveo's kidney cancer drug, Tivo.

  • January 17, 2018

    Philly Becomes Latest To Sue Drugmakers For Opioid Crisis

    The city of Philadelphia became the latest municipality to attempt to hold drug manufacturers responsible for the nation’s growing opioid crisis Wednesday, filing a state court lawsuit accusing Allergan, Purdue, Endo, Janssen and Teva of deceptive marketing.

  • January 17, 2018

    Drugmaker Urges Full Fed. Circ. To Kill USPTO Fee Rule

    A drugmaker challenging the U.S. Patent and Trademark Office’s controversial new policy on attorneys’ fees urged the full Federal Circuit on Tuesday to rule that the novel approach is a violation of the so-called American Rule.

  • January 17, 2018

    A Chat With Davis Wright CSO Mark Usellis

    In this monthly series, legal recruiting experts Amanda Brady and Amy Mallow of Major Lindsey & Africa interview law firm management from Am Law 200 firms about how they are navigating an increasingly competitive business environment. The second conversation is with Mark Usellis, chief strategy officer for Davis Wright Tremaine LLP.

  • January 16, 2018

    Fed. Circ. Clarifies But Won't Redo AIA On-Sale Bar Ruling

    The Federal Circuit on Tuesday said it won’t reconsider invalidating four Helsinn Healthcare SA nausea drug patents in a ruling over the scope of the America Invents Act's on-sale bar, but clarified that its decision isn’t as extreme as the intellectual property world feared.

  • January 16, 2018

    FDA Warning Wire: Allergan Gets New Ammo Against Rival

    The latest warning letters from the U.S. Food and Drug Administration are giving new ammunition to Allergan Inc. in its high-stakes battle with a rival drug company and putting a Chinese drugmaker on notice of “life-threatening” risks posed by its manufacturing practices.

Expert Analysis

  • Removal In 2017: How Defendants Got To Federal Court

    Brett Clements

    Product liability defendants often seek to remove cases to federal court, because federal jurisdiction means federal pleading standards, robust expert discovery, efficiency through uniform procedural and evidentiary rules and, often, more diverse jury pools. Last year, several cases highlighted the evolving removal landscape and addressed four important questions, say Brett Clements and Amy Rubenstein of Schiff Hardin LLP.

  • 2017 Health Care Enforcement Review: FCA Case Law

    Brian Dunphy

    Last year, courts issued numerous health care-related decisions interpreting the legal standards under the False Claims Act and assessing the viability of a multitude of FCA liability theories. These decisions will affect the prosecution and defense of FCA cases for years to come, says Brian Dunphy of Mintz Levin Cohn Ferris Glovsky and Popeo PC.

  • America's Shifting Views On Marijuana Post-Cole Memo

    Jonathan Robbins

    Although Attorney General Jeff Sessions' rescission of the Cole memo does not change federal law, negative response to the rescission across the cannabis sector and political landscape was strong, swift and unusually bipartisan, which may lead to congressional action in the future, say Jonathan Robbins and Joshua Mandell of Akerman LLP.

  • 2017 Health Care Enforcement Review: Trends In FCA Cases

    Kevin McGinty

    The volume of health care-related qui tam litigation under the False Claims Act remained robust last year. In the first of four articles on health care enforcement in 2017, Kevin McGinty of Mintz Levin Cohn Ferris Glovsky and Popeo PC discusses the important takeaways from a number of trends.

  • A Definiteness Reminder For Pharmaceutical Patent Drafters

    Brian Trinque

    The Federal Circuit's recent decisions in Forest v. Teva and The Medicines Co. v. Mylan show that our definiteness requirements can impact patent prosecution, as well as claim interpretation and validity during an infringement action, say Brian Trinque and Giulio DeConti of Lathrop Gage LLP.

  • A Momentous Year For CFIUS: Part 2

    Stephen Heifetz

    Regardless of whether new legislation is enacted, dramatic changes to the Committee on Foreign Investment in the United States have arrived. In 2017, a much “stickier” CFIUS process resulted from concerns about China and a broader worry that international trade has not always benefited the United States, say attorneys with Wilson Sonsini Goodrich & Rosati PC.

  • Balancing Vertical Integration In Calif.'s Cannabis Industry

    Georgina Moreno

    Given the incentives to organize vertically, California cannabis regulators will need to identify and challenge harmful vertical integration, but allow efficiency-improving integration in cannabis markets and revise regulations to reduce inefficiencies, says Georgina Moreno of Econ One Research Inc.

  • A Survey Of In-House Attorney Views On Trade Secrets

    David Almeling

    In an attempt to peek behind the corporate curtain and pick the brains of those with unrivaled access to their companies’ trade secrets, we surveyed 81 in-house attorneys who work on trade secret issues. We discovered many interesting findings — and one alarming trend, say attorneys with O’Melveny & Myers LLP.

  • A Momentous Year For CFIUS: Part 1

    Stephen Heifetz

    The Committee on Foreign Investment in the United States was the subject of more focus, change and consequence in 2017 than it had been in at least a decade. It appears that the significant CFIUS developments last year soon may be followed by formal legal changes, say attorneys with Wilson Sonsini Goodrich & Rosati PC.

  • Applying BMS To Federal Class Actions: Due Process Matters

    J. Gordon Cooney

    One of the most significant questions raised by last year's landmark Bristol-Myers Squibb decision is whether and how it applies to the claims of absent class members in the context of federal class action litigation, particularly with respect to claims that do not arise under a statute authorizing nationwide service of process, say attorneys with Morgan Lewis & Bockius LLP.