Life Sciences

  • October 16, 2017

    End-Payors, Direct Purchasers Get Cert. In Solodyn MDL

    End-payor and direct purchasers' bids for class certification were granted in Massachusetts federal court Monday in the pay-for-delay litigation against drugmakers Medicis Pharmaceutical Corp. and Impax Laboratories Inc. over the generic version of Medicis’ acne medication Solodyn.

  • October 16, 2017

    Neutrogena Buyers Seek Class Cert. In Sunscreen Label Row

    Neutrogena customers urged a California federal judge Monday to certify a class of consumers who allege they were misled by a “naturally sourced” label on Pure & Free sunscreen products, while the company countered that a survey supporting the customers' motion “violates every rule in the book.”

  • October 16, 2017

    Ex-Katten Atty Loses Bid To Nix Shkreli Conspiracy Charge

    Jury selection began Monday in the Brooklyn federal trial of former Katten Muchin Rosenman LLP attorney Ewan Greebel, accused of conspiring with "pharma-bro" Martin Shkreli to defraud the pharmaceutical company Retrophin Inc., three days after the judge shot down a defense motion to dismiss one of the conspiracy counts.

  • October 16, 2017

    Prevagen Memory Product Maker Fights Cert. In Ad Suit

    The maker of dietary supplement Prevagen asked a California federal judge Monday to deny certification to a proposed multistate class of consumers who say the company falsely advertised the cognitive benefits of a jellyfish protein in a drug it markets as a memory booster.

  • October 16, 2017

    Gov't Scientists Tell Of Rare Outbreak As Trial Nears End

    Government scientists testifying in the final days of a murder trial for a former pharmacist at the center of a deadly meningitis outbreak on Monday described surprise at the extent of the fungal contamination and patients’ infections.

  • October 16, 2017

    Mo. High Court Pauses J&J Talc Cancer Trial Over Venue Row

    Johnson & Johnson has won a round in its bid to move a product liability case involving its now-infamous talcum powder products out of St. Louis city court and into county court, as the Missouri Supreme Court preliminarily granted the company’s request to overturn a lower court’s order that blocked the move, pausing the proceedings in the meantime.

  • October 16, 2017

    FDA Finding Doesn't Absolve Forest Labs, Parents Say

    Parents who bought antidepressants for their children urged a Massachusetts federal court on Friday to keep alive multidistrict litigation alleging Forest Laboratories LLC fraudulently promoted Celexa and Lexapro to treat pediatric depression, saying the FDA's finding that one treatment study was promising doesn't rule out other, contradictory evidence.

  • October 16, 2017

    Judge Hacks Away At Allergan's Restasis Patents

    A federal judge ruled Monday that claims in several patents covering Allergan PLC’s dry-eye drug Restasis are invalid, dealing a blow to the drugmaker just weeks after it transferred the patents to a Native American tribe in an effort to shield them from review at the Patent Trial and Appeal Board.

  • October 16, 2017

    Fresenius Can't Duck FCA Claims Over Hepatitis B Tests

    Fresenius Medical Care can’t scrap parts of the federal government’s complaint in a False Claims Act suit over allegedly unnecessary hepatitis B tests billed to Medicare, a Massachusetts federal magistrate judge said Friday, rejecting arguments that the government can’t add claims that weren’t in the whistleblower’s original filing.

  • October 16, 2017

    Janssen Defends Role As Sole Patent Owner In Remicade Suit

    Johnson & Johnson doesn’t need to be named as a party in patent infringement litigation regarding subsidiary Janssen Biotech Inc.’s blockbuster biologic Remicade, as Janssen has full patent ownership rights, the unit told a Massachusetts federal court Monday.

  • October 16, 2017

    PharMerica Says FCA Whistleblowers Got Info Secondhand

    PharMerica Inc. and two whistleblowers accusing the company of accepting kickbacks from drugmaker Organon USA Inc. on Friday sparred in Massachusetts federal court over whether the relators are eligible to bring a False Claims Act lawsuit, as the company claims they didn't get their information firsthand.

  • October 16, 2017

    Counsel In J&J 'Natural' Labeling Suit Seek $2.25M Fees

    Counsel for a class of consumers that reached a $6.75 million agreement with Johnson & Johnson to end claims over allegedly misleading labeling on Aveeno personal care products on Friday urged a New York federal court to allocate $2.25 million of the settlement fund to attorneys’ fees and expenses.

  • October 13, 2017

    Allergan, Generic Cos. Debate If Tribal Patent Deal Is A 'Sham'

    Generic-drug makers told a Texas federal court Friday that Allergan’s transfer of patents for the dry-eye treatment Restasis to a Native American tribe in a bid to escape Patent Trial and Appeal Board review is a “sham” and “pure hypocrisy,” while Allergan argued the deal is a valid transaction.

  • October 13, 2017

    Actavis Generic Infringed Weight Loss Pill Patent, Judge Says

    A Delaware federal court ruled Friday that generic drug company Actavis Laboratories FL Inc. failed to invalidate patents held by Orexigen Therapeutics Inc. and thus infringed its weight-loss drug Contrave.

  • October 13, 2017

    Eliquis MDL Sees 24 Suits Trimmed Due To Forum Rule

    A New York federal judge on Friday dismissed 20 suits against Pfizer Inc. and Bristol-Myers Squibb Co., wiping out the bulk of what remains of multidistrict litigation alleging that the companies didn’t warn consumers of the risks associated with the blood thinner Eliquis, saying they can’t be sent back to state court.

  • October 13, 2017

    Fla. Denied Bid To Remove Judge In Medical Pot License Suit

    A Florida administrative law judge on Thursday rejected the state Department of Health's bid to have him disqualified from a South Florida nursery's challenge of the department's denial of its application for a medical marijuana license, saying the motion was not filed in a timely manner.

  • October 13, 2017

    9th Circ. Judge Balks At Blue Shield Customers’ Cert. Bid

    Blue Shield of California customers urged the Ninth Circuit at a hearing Friday to certify a class of beneficiaries who say the insurer illegally refused to cover residential treatment for mental health disorders, prompting one judge to note that the appellate court “isn’t in the business” of making original certification decisions.

  • October 13, 2017

    Pfizer Takes $8.3M Interest Case Against US To 2nd Circ.

    Pharmaceutical giant Pfizer Inc. asked the Second Circuit on Thursday to reverse a district court ruling dismissing its claim seeking $8.3 million in overpayment interest, saying the court erred in applying the two-year statute of limitations that applies to tax refund claims.

  • October 13, 2017

    J&J Loses Remand Fight In NJ Talc MDL

    A New Jersey federal judge ruled Thursday that a Louisiana woman’s lawsuit alleging Johnson & Johnson talcum powder products caused her ovarian cancer belongs in the southern state because there was no proof she fraudulently added a Louisiana-based drugstore to her complaint just to keep it in that jurisdiction.

  • October 13, 2017

    Susman, Entwistle To Lead Valeant Insider Trading Suit

    Entwistle & Cappucci LLP and Susman Godfrey LLP on Friday nabbed the co-lead counsel spots in a consolidated proposed class action alleging Valeant Pharmaceuticals and billionaire investor Bill Ackman’s hedge fund engaged in an insider trading scheme that cost derivatives investors billions.

Expert Analysis

  • Evolution Of A Crisis: Opioid Claims Pick Up Speed

    Adam Fleischer

    On Sunday, the results of a six-month joint investigation by "60 Minutes" and The Washington Post concluded that "the drug industry, with the help of Congress, turned the opioid epidemic into a full blown crisis." In the coming months, insurers and pharmacy benefit managers are expected to undertake new and innovative efforts to control and disincentivize the use and prescription of opioids, says Adam Fleischer of BatesCarey LLP.

  • Financial Crisis Anniversary

    New Post-Recession Metrics For BigLaw Partner Success

    Peter Zeughauser

    After nearly a decade of recession-accelerated change in the legal industry, “merit-based” compensation has largely come to mean measuring attorney success using some combination of origination and working attorney hours metrics. However, there are signs that the real impact of the recession is still around the corner, and that building a book isn’t enough, says Peter Zeughauser of Zeughauser Group.

  • Understanding FDA Guidance On Connected Medical Devices

    Erin Bosman

    Last month, the U.S. Food and Drug Administration issued final guidance concerning the safety of interoperable medical devices. Complying with the guidance will help satisfy the FDA that a manufacturer has accounted for appropriate risk and safety factors, and may help defend against product liability claims, say attorneys with Morrison & Foerster LLP.

  • Opinion

    Time To Lift Student Loan Counseling Restrictions

    Christopher Chapman

    While it lends more than $100 million each year to our nation’s college students — including law students — the U.S. Department of Education surprisingly limits loan counseling to one-time entrance counseling for first-time student borrowers. Is this rational? asks Christopher Chapman, president of AccessLex Institute, a nonprofit focused on access to legal education.

  • BPCIA At Fed. Circ.: Awaiting Guidance On Patent Dance

    Tasha Francis

    The Federal Circuit heard arguments last week in Amgen v. Apotex, a case that has the potential to shape Biologics Price Competition and Innovation Act litigation and factor into a biosimilar manufacturer’s decision to engage in the patent dance, say Tasha Francis and Jenny Shmuel of Fish & Richardson PC.

  • Gorilla Glue Case Shows Cannabis IP Is Not Sticking

    Thomas McMahon

    Last week's trademark settlement between adhesives company Gorilla Glue and cannabis company GG Strains is the latest in a string of settlements that show there is marketplace precedent but no reliable legal precedent for cannabis brands registering and enforcing their own trademarks, say Thomas McMahon and Lauren Estevez of Margolin & Lawrence.

  • Why You Should Consider Hyperlinking Your Next Brief

    Christine Falcicchio

    The shift to electronic filing has somewhat eased the task of reviewing briefs and their supporting files. An e-brief takes e-filing to the next level, says Christine Falcicchio, a principal at Strut Legal Inc.

  • How Bristol-Myers Squibb May Transform Class Actions

    Richard Dean

    In her dissent from the U.S. Supreme Court's holding in Bristol-Myers Squibb, Justice Sonia Sotomayor foresaw several major implications of the verdict. Now her prediction of plaintiffs having to sue defendants in multiple jurisdictions to recover for a single injury seems not only possible, but probable, say Richard Dean and Michael Ruttinger of Tucker Ellis LLP.

  • Asian-Americans Facing Challenges In The Legal Industry

    Goodwin Liu

    Asian-Americans are the fastest-growing minority in the legal profession, but recent studies confirm their underrepresentation among partners, prosecutors, judges and law school administrators. We must take action, say Goodwin Liu, associate justice of the California Supreme Court, and Ajay Mehrotra of the American Bar Foundation.

  • Good And Bad News For Massachusetts Life Sci, Health Cos.

    Caroline Bullerjahn

    Life sciences and health care companies nationwide are being sued by shareholders far more frequently this year, but the good news for such companies in Massachusetts is that after several years of issuing no significant decisions in securities class actions, the First Circuit has now issued several favorable dismissals, say Caroline Bullerjahn and Deborah Birnbach of Goodwin Procter LLP.