Life Sciences

  • December 15, 2017

    Fed. Circ. Says PTAB Erred In Axing Hospital Bed Patent

    The Federal Circuit on Friday reversed and vacated different portions of a Patent Trial and Appeal Board decision that upheld as invalid the asserted claims of a hospital bed patent, finding that the board erred in its logic and by not adequately explaining itself.

  • December 15, 2017

    Top Product Liability Cases Of 2017

    The U.S. Supreme Court's decision to overturn a California high court's ruling that 600 nonresidents could pursue claims against Bristol-Myers Squibb over a blood thinner drug heads this year's list of top product liability cases, along with a bankruptcy ruling exposing General Motors to millions of claims not related to its infamous ignition switch.

  • December 15, 2017

    Bayer, Belmora Spar Over TM, Antitrust Bids In Flanax Feud

    The dispute over the pain reliever Flanax continued in Virginia federal court Friday, with the two sides offering dueling arguments for summary judgment on Bayer AG's trademark claims and Belmora LLC's antitrust counterclaims.

  • December 15, 2017

    Russian Award's OK Is Nigh For No-Show Pharma Biz

    A New York federal magistrate judge on Friday recommended confirming a $466,000 Russian arbitral award against a defunct Long Island pharmaceutical company that failed to appear in the arbitration and the current litigation, saying he found no reason not to do so.

  • December 15, 2017

    Pa. Man Cops To Celator Insider Trading Scheme

    A Pennsylvania man on Friday copped to his role in an insider trading conspiracy that profited from nonpublic tips about Celator Pharmaceuticals Inc.’s cancer drug and the company’s impending $1.5 billion sale, prosecutors said.

  • December 15, 2017

    Mitsubishi Says Generics Co.'s ANDA Infringes Diabetes Med

    Mitsubishi Tanabe Pharma Corp. filed suit Friday in New Jersey federal court against India-based drugmaker Macleods Pharmaceuticals Ltd., alleging that the company had filed an abbreviated new drug application for a generic diabetes medication that would violate two of Mitsubishi’s patents.

  • December 15, 2017

    Artificial Knee Co. Can't Trim $16M Injury Damages Further

    A Pennsylvania appeals court on Friday rejected a bid by an artificial-knee product manufacturer and a marketing firm to further reduce a $16 million damages award to a patient who reinjured her knee during a promotional video for the product.

  • December 15, 2017

    Could A High Court Case Blunt AIA Tribal Immunity Defense?

    Efforts to use the sovereign immunity of Native American tribes to shield patents from America Invents Act reviews have roiled the patent world, but a new U.S. Supreme Court case could throw a wrench into the strategy. It would take a circuitous route to get there, but here’s a look at how it could happen.

  • December 15, 2017

    17 Pharma And Food Tweets That Left A Mark In 2017

    Twitter brought us some of the smartest and wittiest observations about litigation and policy involving pharmaceuticals and food in 2017. Here, Law360 shares 17 tweets on news that left a lasting mark.

  • December 15, 2017

    PTAB Invalidates Hologic Patent, Rejects Claim Fixes

    The Patent Trial and Appeal Board on Friday found a Hologic Inc. medical device patent was invalid and rejected a series of proposed substitute claims, following a recent Federal Circuit ruling many believed gave patent owners a better chance at amending patents in America Invents Act reviews.

  • December 15, 2017

    Subsidiaries May Sway Patent Case Jurisdiction In Del.

    A Delaware federal judge on Thursday refused a drug and medical device maker’s request to dismiss or transfer an infringement suit brought against it over three intravenous painkiller patents, greenlighting discovery to determine if the venue is indeed proper.

  • December 15, 2017

    Final GOP Tax Bill Settles On 21% Corporate Rate

    Republicans unveiled the final version of their tax cut bill on Friday that would impose a 21 percent flat rate on corporations, set the maximum individual tax rate at 37 percent and largely adopt the Senate’s proposal for pass-through businesses.

  • December 15, 2017

    Health Hires: Holland & Knight, EBG, Quarles, Ciitizen

    Over the last few weeks, Holland & Knight LLP, Epstein Becker Green, Quarles & Brady LLP and medical records startup Ciitizen have grown their health care and life sciences teams with pros from Laredo & Smith LLP, LifePoint Health and the U.S. Department of Health and Human Services.

  • December 15, 2017

    MVP: Goodwin's Stuart Cable

    Goodwin Procter LLP’s Stuart Cable was involved in several life sciences transactions over the last year, including guiding contract research organization Parexel International through a competitive and aggressive $5 billion acquisition process, earning him a spot as one of Law360’s 2017 Life Sciences MVPs.

  • December 15, 2017

    US Calls Off The Dogs Following Thailand's IP Tweaks

    The Trump administration closed a probe of Thailand’s intellectual property regime Friday following several steps the country took to improve its patent and trademark rules that had frustrated drugmakers and other companies for years.

  • December 15, 2017

    The Biggest Pennsylvania Court Decisions In 2017

    The Pennsylvania judiciary logged another busy year in 2017 as members of both the appellate and trial benches handled major cases, including a wholesale reshaping of environmental law in the state and a string of eye-popping verdicts in pharmaceutical product liability cases.

  • December 14, 2017

    Gov't Misconduct Claims Blocked From Ex-Katten Atty Trial

    A Brooklyn federal judge on Thursday refused to allow allegations of government misconduct to be heard by jurors in the fraud trial of former Katten Muchin attorney Evan Greebel, after revealing that a witness claims a prosecutor told him to change his story, drop his legal action against Retrophin Inc. and pay the pharmaceutical company $170,000.

  • December 14, 2017

    NY High Court Says 'Wrongful Birth' Claims Start At Birth

    New York’s highest court ruled Thursday in favor of two couples claiming they wouldn’t have had children through a fertility clinic had they known the egg donor was a genetic defect carrier, saying the statute of limitations began running at birth, rather than the date of the alleged medical malpractice.

  • December 14, 2017

    Mass. City Latest To Sue Pharma Cos. Over Opioid Crisis

    The city of Greenfield, Massachusetts, became the latest municipality Thursday to accuse a slew of drug manufacturers and distributors including Purdue Pharma and Amerisourcebergen of deceptively marketing and illegally diverting prescription opioids, fueling a nationwide epidemic.

  • December 14, 2017

    3 Takeaways As Fed. Circ. Limits Biosimilar Lawsuits

    The Federal Circuit on Thursday averted potential chaos by not letting drugmakers use a wide variety of state laws to extract biosimilar manufacturing information from rivals, and its ruling will turn attention to what sort of information rivals must provide under federal law.

Expert Analysis

  • Alternative Fees: My Experience At Bartlit Beck

    J.B. Heaton

    Bartlit Beck was a wonderful place to work for 18 years, and the lawyers there are not only excellent attorneys but also great people. That said, and stating my biases upfront, it is possible for me to look analytically at the Bartlit Beck fee model and make some observations on the pros and cons of one version of alternative fees, says J.B. Heaton, founder of investment analytics company Conjecture LLC.

  • Opinion

    Litigation Is Not The Solution To The Opioid Epidemic

    William Escobar

    It is irresponsible to fit the pharmaceutical industry into the mold of Big Tobacco. The opioid addiction crisis is a public health problem. Litigation is not a proper solution, say members of Kelley Drye and Warren LLP.

  • Considering Indication-Specific Pricing As A Solution

    Michael Cottler

    Practitioners should pay close attention to see whether indication-specific pricing is adopted for generic and biosimilar products. Though ISP is often proposed as a solution to rising health care costs, it is unclear whether it is compatible with the current legal frameworks in play, say Michael Cottler and Natasha Daughtrey of Goodwin Procter LLP.

  • Opinion

    Jurors Should Have An Active Voice In Trials

    Judge Amos Mazzant III

    We tell jurors how important they are to the successful implementation of our judicial system, but oftentimes we don’t treat them with the reverence they deserve. U.S. District Judge Amos Mazzant III of the Eastern District of Texas, Lisa Blue of Baron and Blue, and Robert Hirschhorn of Cathy E. Bennett & Associates advocate three jury system improvements that will give jurors an active voice and role in our civil and criminal jury trials.

  • Series

    40 Years Of FCPA: An Update From The DOJ

    Daniel Kahn

    U.S. Department of Justice prosecutors and law enforcement partners have secured more foreign bribery-related trial convictions and guilty pleas this year than in any other year in the history of the Foreign Corrupt Practices Act, in fact by almost twice as much. These are all significant cases with significant impacts, says Daniel Kahn, chief of the DOJ's FCPA Unit.

  • Why Information Governance Is More Important Than Ever

    Linda Sharp

    It used to be that hiring a good law firm was the single most important thing a company could do when facing litigation. You could now make the case that an organization’s most powerful asset in prosecuting or defending a claim is its information, says Linda Sharp, associate general counsel of ZL Technologies and chair of the ACC Information Governance Committee.

  • A Review Of Massachusetts' Marijuana Industry In 2017

    William Moorman Jr.

    It's been an exciting year for the marijuana industry in Massachusetts, with cities and towns now determining whether to embrace the new economic development opportunities presented by recreational marijuana. However, investment in the industry remains risky because the cultivation, use, sale and possession of marijuana remains a crime under federal law, say William Moorman and John Ottaviani of Partridge Snow & Hahn LLP.

  • Cosmetic Companies Must Plan For New Regulation  

    Arameh O'Boyle

    U.S. senators on both sides of the aisle have proposed cosmetic reform bills, making it likely that Congress will soon pass legislation regulating personal care products. This, in turn, is likely to result in greater litigation against companies making those products, say attorneys at Mintz Levin Cohn Ferris Glovsky and Popeo PC.

  • Opinion

    BigLaw Is Behind The Automation Curve

    Michael Moradzadeh

    In its new report on the effects of automation in the workplace, McKinsey Global Institute identifies lawyers as less susceptible to the sort of automation that could put one-third of American workers out of a career by 2030. This may seem reassuring, but it doesn't mean automation won't disrupt our bottom line, says Michael Moradzadeh of Rimon PC.

  • Lessons On Losses From 3 Recent FCA Settlements

    Garrett Mott

    Three recent False Claims Act settlements can teach health care organizations important lessons, such as how swiftly and transparently reacting to government inquiries can save a company's bottom line and the public's trust, says Garrett Mott of Hanson Bridgett LLP.