A Delaware federal judge dismantled a Merck & Co. unit’s $2.5 billion jury verdict win over Gilead Sciences Inc. in an infringement suit over a hepatitis C drug patent, finding Friday that the patent’s claims weren’t specific enough for an experienced scientist to successfully re-create the formula.
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Monday, February 19, 2018 Follow Life Sciences Law360

FEDERAL CIRCUIT 2017

TOP NEWS

Merck Unit Loses $2.5B Verdict As Hep C Patent Invalidated

A Delaware federal judge dismantled a Merck & Co. unit’s $2.5 billion jury verdict win over Gilead Sciences Inc. in an infringement suit over a hepatitis C drug patent, finding Friday that the patent’s claims weren’t specific enough for an experienced scientist to successfully re-create the formula. Read more »

Allergan, Others Cough Up $9M In Product-Hopping Suit

Allergan Inc., Senju Pharmaceutical Co. Ltd. and Kyorin Pharmaceutical Co. Ltd. have agreed to pay Hartig Drug Co. Inc. $9 million to end a putative class action alleging product-hopping over eye care products Zymar and Zymaxid, according to documents filed Friday in Delaware federal court. Read more »

Boston Scientific IP Attys Must Defend Doc-Redact Request

A California federal judge on Thursday denied Boston Scientific Corp.’s bid to seal documents related to Nevro Corp.’s suit claiming infringement of its spinal cord pain treatment patents, saying Boston’s attorneys must file explanations why they shouldn’t be sanctioned for “frivolous and vexatious conduct.” Read more »

PTAB Will Review Amgen Patent Tied To Sanofi Eczema Drug

The Patent Trial and Appeal Board said Thursday it would review a patent owned by Amgen unit Immunex — which Sanofi says stands in the way of its new eczema biologic — with the board finding Sanofi met the standard set out in its recent General Plastic ruling. Read more »

LITIGATION

Pot Biz Urges Supreme Court To Take Case Against IRS

A Colorado-based marijuana company has urged the U.S. Supreme Court to hear its case against the Internal Revenue Service, alleging the agency lacks the authority to investigate criminal activity and saying a circuit split must be resolved on the scope of a law preventing courts from interfering with tax collection efforts. Read more »

Momenta, Sandoz Can't Nix Drug Antitrust Suit, Court Told

A Tennessee hospital urged a federal court Thursday to keep its antitrust lawsuit against Momenta Pharmaceuticals Inc. and Sandoz Inc. alive because a related challenge to a Momenta patent is ongoing. Read more »

9th Circ. Won't Revive Investor Suit Over Hep B Drug Trials

A California federal judge was right to dismiss a proposed investor class action accusing Arrowhead Research Corp. of overstating clinical trial results for its hepatitis B medication, as the company didn’t issue false or misleading statements, the Ninth Circuit said Thursday. Read more »

Insmed Beats Stock-Drop Suit Over Lung Disease Drug

A New Jersey federal judge on Thursday tossed a proposed class action alleging that Insmed Inc. misled investors over the likelihood that a lung disease drug would gain market approval in Europe, ruling that the biopharmaceutical company’s alleged misstatements and omissions didn’t meet the standards for securities law claims. Read more »

Lion Biotech Gets Some Claims Trimmed In Investor Dispute

A California federal judge has dismissed two of six claims in a proposed class action against Lion Biotechnologies Inc., leaving in place allegations that it artificially inflated its stock price by secretly commissioning news stories but ruling the lead investor hadn’t traced his stock purchases to one of Lion’s allegedly misleading statements. Read more »

Pharma Co. Chiasma Can't Escape Investor Suit, Judge Rules

A Massachusetts federal judge on Thursday ruled that biopharmaceutical company Chiasma Inc. must face a proposed class action alleging investors in its 2015 initial public offering were misled about the prospects for regulatory approval of its product candidate Mycapssa, an oral treatment for a rare hormonal disorder known as acromegaly. Read more »

PEOPLE

Womble Bond Snags 3 Pepper Hamilton Gov't Contracts Attys

Womble Bond Dickinson LLP has added three attorneys from Pepper Hamilton LLP who have worked together throughout their careers and have experience in-house at General Dynamics and Micron Technology to its government contracts team. Read more »

Taxation With Representation: Kirkland, Davis, Skadden, Weil

In this week's Taxation With Representation, Wyndham sold its European vacation rental business to Platinum Equity for $1.3 billion, LyondellBasell bought A. Schulman for $2.25 billion, Hoffman-La Roche proposed buying Flatiron Health for $1.9 billion, and Charles River Laboratories acquired MPI Research for $800 million. Read more »

EXPERT ANALYSIS

How Emerging Sources Of ESI Will Impact Discovery

Late last year, the Sedona Conference released the third edition of its principles addressing electronic document production, updated to account for innovations like Snapchat and Twitter. It may be necessary for these principles to be updated more often in order to keep pace with technology, says Charles McGee III of Murphy & McGonigle LLP. Read more »

Register Your California Cannabis Trademarks Now

Any cannabis business that is holding its breath waiting for the U.S. Patent and Trademark Office to start registering cannabis-related trademarks should give up. But those located in states that have legalized recreational and/or medicinal cannabis should immediately seek state trademark registration where available, says Joshua Cohen, leader of Wendel Rosen Black & Dean LLP's intellectual property group. Read more »

LEGAL INDUSTRY

Feature

5 Ways Law Firms Can Avoid Lateral Hiring Regret

Despite valuing lateral hiring as an integral element of their strategies, many law firms are failing to properly screen potential hires and, as a result, are often disappointed when promises made during the interview don't pan out. Here, Law360 looks at five ways firms can avoid lateral hiring remorse. Read more »

Feature

How To Turn Jurors Into Advocates For Your Case

It may seem like a nightmare scenario for a trial attorney: giving a closing argument and feeling the majority of the jury is going against you. But trial attorneys say that as long as you know there's one juror committed to your case who's been armed with your arguments, a verdict in your favor is no dream. Read more »

Ex-Allen & Overy Atty's Psych Exam Story Falls Flat

Two New York state appeals judges scoffed at a fired Allen & Overy LLP attorney seeking to lift sanctions and revive her sexual harassment suit against the firm at a hearing Friday, hammering the attorney for cutting short a court-ordered psychiatric examination by threatening to have the doctor arrested. Read more »

Convicted Dewey Exec's SEC Deal Hinges On Criminal Appeal

A settlement between the U.S. Securities and Exchange Commission and former Dewey & LeBoeuf LLP chief financial officer Joel Sanders, who was convicted of fraud, rests on the outcome of Sanders' criminal appeal, a Manhattan federal judge heard Friday. Read more »

Feature

Up Next At High Court: Double Jeopardy, Self-Incrimination

The U.S. Supreme Court will enter the underworld of burglars, spouse abusers and drug dealers in its first week back on the bench after a long winter recess, hearing a busy criminal docket presenting constitutional questions around double jeopardy and self-incrimination that are critical to the white collar bar. Read more »

GC Cheat Sheet: The Hottest Corporate News Of The Week

The general counsel for the parent company of Midas received a​ two-year stayed suspension for practicing out of state, U.S. Supreme Court Justice Ruth Bader Ginsburg expressed optimism that the burgeoning #MeToo movement will have a sustained impact,​ and PNC Bank’s general counsel shared with Law360 why he​​ moved in-house after spending much of his career at law firms. These are some of the stories in corporate legal news you may have missed in the past week.​ Read more »

Podcast

Law360's Pro Say: What Does 'Partner' Even Mean?

On the latest episode of Law360's Pro Say podcast, we discuss how law firms are full of people with the title “partner,” but after years of change the title ain’t always what it used to be; a big ruling on the destruction of New York City graffiti space “5Pointz”; a new lawsuit claiming bar prep giant Barbri colluded with top law schools to crush competitors; and Taylor Swift’s efforts to shake off a lawsuit over song lyrics. Read more »

In Case You Missed It: Hottest Firms And Stories On Law360

For those who missed out, here's a look back at the law firms, stories and expert analyses that generated the most buzz on Law360 last week. Read more »

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COMPANIES

A. Schulman Inc.

Activision Blizzard, Inc

Allergan PLC

AmerisourceBergen Corporation

Amgen Inc.

Amphastar Pharmaceuticals Inc.

Apotex Inc.

Apple Inc.

Arrowhead Research Corporation

Association of Corporate Counsel

Boston Scientific Corporation

CDI Corporation

Charles River Laboratories International, Inc.

Electronic Frontier Foundation

Electronic Privacy Information Center

Extended Stay Inc.

Facebook

Gilead Sciences Inc.

Google Inc.

IMF Bentham Ltd.

Idenix Pharmaceuticals, Inc.

Insmed, Inc.

Inspire Pharmaceuticals, Inc.

International Brotherhood of Teamsters

LyondellBasell Industries NV

Merck & Co Inc.

Micron Technology Inc.

Microsoft Corporation

Momenta Pharmaceuticals, Inc.

Nevro Corp.

Novartis AG

Pharmasset, Inc.

Platinum Equity LLC

Pnc Financial Services Group,The

Regeneron Pharmaceuticals, Inc.

Sanofi-Aventis

Snap Inc.

TBC Corp.

Twitter Inc.

U.S. Pharmacopeial Convention

Wyndham Worldwide Corporation

Wynn Resorts Ltd.

Zeughauser Group LLC

LAW FIRMS

Akerman

Allen & Overy

Alston & Bird

Arnold & Porter

Ashby & Geddes

Baker McKenzie

Bass Berry

Bayard PA

Bernstein Liebhard

Carella Byrne

Carter Ledyard

Choate

Covington & Burling

Cozen O'Connor

DLA Piper

Davis Polk

Dewey & LeBoeuf

Farella Braun

Fish & Richardson

Foley Hoag

Frank LLP

Gartenberg Gelfand

Gibson Dunn

Glancy Prongay

Greenberg Traurig

Greenberg Whitcombe

Hausfeld

Hogan Lovells

Holland & Knight

Hunton & Williams

Hutchings Barsamian

Jenner & Block

Johnson & Weaver LLP

Jones Day

Katten Muchin

Kessler Topaz

Kirkland & Ellis

Latham & Watkins

Levy Vinick

Lieff Cabraser

Lite DePalma

Locke Lord

McKool Smith

Morgan Brown

Morgan Lewis

Morris Nichols

Morrison & Foerster

Morvillo Abramowitz

Murphy & McGonigle

Ogletree Deakins

Orrick Herrington

Pepper Hamilton

Pomerantz LLP

Prickett Jones

Proskauer Rose

Quinn Emanuel

Reed Smith

Riley Warnock

Robbins Geller

Ropes & Gray

Ross Aronstam

Shearman & Sterling

Sidley Austin

Simpson Thacher

Skadden

Sterne Kessler

Waters Kraus

Weil Gotshal

Wendel Rosen

Williams & Connolly

Womble Bond Dickinson

Zeichner Ellman

GOVERNMENT AGENCIES

Federal Bureau of Investigation

Food and Drug Administration

Government Accountability Office

Internal Revenue Service

National Labor Relations Board

Securities and Exchange Commission

U.S. Department of Defense

U.S. Department of Health and Human Services

U.S. Department of Justice

U.S. Navy

U.S. Patent and Trademark Office

U.S. Supreme Court