A Delaware vice chancellor Wednesday refused Pfizer Inc.'s emergency bid for a temporary restraining order to block Metsera Inc. from closing a now $10 billion competing bid by Novo Nordisk for the GLP-1 weight-loss drugmaker, saying Pfizer hasn't demonstrated Metsera's board acted in bad faith or that the company would suffer immediate irreparable harm.
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THURSDAY, NOVEMBER 6, 2025 Law360 iOS App Law360 Android App Follow Law360 on Facebook Follow Law360 on LinkedIn Follow Law360 on Twitter

TOP NEWS

Chancery Won't Let Pfizer Block $10B Novo Bid For Metsera

By Jarek Rutz

A Delaware vice chancellor Wednesday refused Pfizer Inc.'s emergency bid for a temporary restraining order to block Metsera Inc. from closing a now $10 billion competing bid by Novo Nordisk for the GLP-1 weight-loss drugmaker, saying Pfizer hasn't demonstrated Metsera's board acted in bad faith or that the company would suffer immediate irreparable harm.

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1st Circ. Questions Trump Admin On NIH Indirect Cost Cuts

By Mark Payne

A First Circuit panel seemed poised on Wednesday to uphold a district court decision finding that the Trump administration lacks the authority to cap indirect costs for research grants at the National Institutes of Health. 

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Masimo Tells Jury It's Owed $749M In Apple Watch IP Fight

By Craig Clough

An attorney for Masimo Corp. told a California federal jury during opening statements Wednesday that Apple Inc.'s smartwatch uses his client's groundbreaking patent in the device's feature that warns about an abnormal heart rate, and that Apple should pay up to $749 million for the infringement.

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Mich. AG Urges State High Court To OK Insulin Price Probe

By Carolyn Muyskens

The Michigan Supreme Court weighed overturning two of its prior rulings on consumer protection law Wednesday as the state's attorney general sought the court's blessing for an insulin price-gouging investigation.

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POLICY & REGULATION

Squires Spurns Tesla PTAB Challenge Referred By Stewart

By Theresa Schliep

U.S. Patent and Trademark Office Director John Squires rejected a Tesla Inc. patent challenge that his deputy director had referred to the Patent Trial and Appeal Board for consideration, taking issue Wednesday with the company's "inconsistent claim construction" between the PTAB and federal court.

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LITIGATION

Biosciences Co. Didn't Infringe Cell Analysis IP, Judge Says

By Elliot Weld

A Delaware federal judge has found Scale Biosciences Inc. did not flout patents held by Parse Biosciences Inc. with its cell analysis products, saying the processes described in the patent claims and the accused products do not give rise to a genuine fact dispute.

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Judge Lets Ex-MIT Lab Head's Defamation Case Move To Trial

By Julie Manganis

A former research lab director at the MIT-affiliated Whitehead Institute may pursue defamation and tortious interference claims against a former subordinate and romantic partner who accused him of sexual harassment, a Massachusetts state court judge said in a decision released on Wednesday.

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FTC Wants 'Tainted' Drs. Testimony Barred From Merger Case

By Bryan Koenig

The Federal Trade Commission wants a D.C. federal judge to bar a pair of outside doctors and consultants from vouching for Edwards Lifesciences' planned JenaValve acquisition, arguing in a filing made public Tuesday that claims of minimal communication between the physicians' counsel and the companies were "at best, misleading."

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Pharmacy Groups Urge 8th Circ. To Back Ark. PBM Limits

By Gianna Ferrarin

A pair of pharmacy trade groups is urging the Eighth Circuit to allow Arkansas to enforce a law barring pharmacy benefit managers from owning pharmacies, arguing the law is a rational response to "abusive" PBM practices.

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Brief

9th Circ. Won't Rehear Biotronik Whistleblower Revival

By Corey Rothauser

The Ninth Circuit has rejected a petition to send its September ruling reviving a whistleblower suit against Biotronik Inc. before the full court, rejecting Biotronik's petition for a rehearing en banc.

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Celgene Inks $239M Investor Deal Over Drug Pipeline Claims

By Katryna Perera

Celgene Corp. has agreed to a $239 million settlement with investors to resolve claims that the biopharmaceutical company hyped up its share price by failing to disclose timeline and growth problems with two of its drugs, ending the case after seven years of litigation and with a January 2026 trial date looming.

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3 More Chinese Scholars Accused Of Smuggling Roundworms

By Lauren Berg

Three Chinese research scholars working at a University of Michigan laboratory have been accused of conspiring with a student pursuing her doctoral degree in Wuhan, China, to smuggle roundworms into the U.S., the U.S. Department of Justice announced Wednesday.

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EXPERT ANALYSIS

Growth, Harmonization In Focus As Hague System Turns 100

One hundred years after its establishment, the Hague System has grown into an important pillar of international design protection, offering a promising path toward even greater harmonization in design law as its geographic reach continues to expand, say attorneys at Sterne Kessler.

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Lessons From 7th Circ. Decision Affirming $183M FCA Verdict

The Seventh Circuit's decision to uphold a $183 million False Claims Act award against Eli Lilly engages substantively with recurring materiality and scienter questions and provides insights into appellate review of complex trial court judgments, say Ellen London at London & Naor, Li Yu at Bernstein Litowitz and Kimberly Friday at Osborn Maledon.

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How Calif. High Court Is Rethinking Forum Selection Clauses

Two recent cases before the California Supreme Court show that the state is shifting toward greater enforcement of freely negotiated forum selection clauses between sophisticated parties, so litigators need to revisit old assumptions about the breadth of California's public policy exception, says Josh Patashnik at Perkins Coie.

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Opinion

Punitive Damages Awards Should Be Limited To 1st Instance

Recent verdicts in different cases against Johnson & Johnson and Monsanto showcase a trend of multiple punitive damages being awarded to different plaintiffs for the same course of conduct by a single defendant, a practice that should be deemed unconstitutional by the U.S. Supreme Court, says Jacob Mihm at Polales Horton.

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AI Litigation Tools Can Enhance Case Assessment, Strategy

Civil litigators can use artificial intelligence tools to strengthen case assessment and aid in early strategy development, as long as they address the risks and ethical considerations that accompany these uses, say attorneys at Barnes & Thornburg.

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LEGAL INDUSTRY

2nd Circ. Orders New Look At Trump's Hush Money Case

By Aaron Keller

In a published opinion, the Second Circuit on Thursday ordered a federal district judge to take a fresh look at President Donald Trump's attempt to move his New York hush money conviction to federal court, citing the U.S. Supreme Court's 2024 presidential immunity ruling as grounds for reconsidering the case.

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Okla. Justices Claim Immunity In Pot Atty's Suspension Suit

By Mike Curley

The Oklahoma Supreme Court is urging a federal court to dismiss a suit from a disbarred attorney who claimed his suspension was retaliation for public criticism of the justices and the state bar, saying the high court has sovereign immunity under the Eleventh Amendment.

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Trump Taps Ex-Kansas AG Deputy For DOJ Legal Policy Role

By Courtney Bublé

President Donald Trump has nominated Dan Burrows, a White House official and former chief deputy attorney general of Kansas, to be assistant attorney general for the U.S. Department of Justice's Office of Legal Policy.

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Atty Exits Bankruptcy Case Amid Judge Romance Fallout

By Emily Sawicki

The embattled wind-down trustee for defunct life insurance bond seller GWG Holdings in a Houston Chapter 11 case has resigned from the role amid the fallout from her secret romance with a then-bankruptcy judge in the Southern District of Texas.

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Amazon Taps Crowell & Moring Partner For Aviation Biz

By Gina Kim

Aviation expert and former U.S. Department of Transportation senior trial attorney Amna Arshad has joined Amazon as an associate general counsel in charge of the legal teams for its worldwide aviation business, after spending the last year and a half in the aviation and transportation practices at Crowell & Moring LLP.

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Lawmakers Rip Judges Over Anonymous High Court Criticism

By Ryan Boysen

Two Republican lawmakers have asked Chief Justice John Roberts to rein in judges who've anonymously criticized the U.S. Supreme Court's flurry of "shadow docket" rulings, but a full-on investigation appears unlikely.

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COMPANIES IN TODAY'S NEWS

Advance Colorado

Amazon.com Inc.

American Public Health Association

Apple Inc.

Arkansas Pharmacists Association

Association of American Medical Colleges

Association of American Universities Inc.

BMW of North America LLC

Biotronik Inc.

Brookdale Senior Living Inc.

Burke Inc.

CVS Health Corp.

Celgene Corp.

Cottrell Inc.

Eli Lilly & Co.

EpicentRx Inc.

Express Scripts Holding Co.

Global Logistic Properties Ltd.

Intellectual Ventures Management LLC

Johnson & Johnson

LinkedIn Corp.

Masimo Corp.

Meta Platforms Inc.

Monsanto Co.

NBCUniversal Media LLC

National Community Pharmacists Association

New York University

Novo Nordisk A S

Oklahoma Bar Association

Omnicare Inc.

OptumRx Inc.

Parse Biosciences

Pfizer Inc.

Pharmaceutical Care Management Association

State Farm Mutual Automobile Insurance Co.

Supervalu Inc.

Tapestry Inc.

Tesla Inc.

The American Law Institute

Twitter Inc.

Universal Health Services Inc.

LAW FIRMS IN TODAY'S NEWS

Arrowood LLP

Bandas Law Firm

Barber Law Firm PLLC

Barnes & Thornburg

Bernstein Litowitz

Boies Schiller

Carella Byrne

Cleary Gottlieb

Crowell & Moring

Freshfields

Gibbons PC

Gibson Dunn

Hall Estill

Hance Scarborough

Haynes Boone

Hinckley Allen

Holland & Knight

Honigman LLP

Jackson Walker LLP

Jenner & Block

Jones Day

Katten Muchin

Kessler Topaz

Kirkland & Ellis

Knobbe Martens

Latham & Watkins

Law Office of Liz Freeman

London & Naor

McDaniel Wolff

Moses Ryan

Osborn Maledon

Paul Weiss

Perkins Coie

Pillsbury Winthrop

Polales Horton

Porter Hedges

Potter Anderson

Pray Walker

Probus Law Firm

Richards Layton

Ropes & Gray

Ross Aronstam

Seeger Weiss

Shults Law Firm

Smith & Liss

Sterne Kessler

Stoneman Chandler

Sullivan & Cromwell

Tensegrity Law

Volpe Koenig

Wachtell Lipton

Wilkin Law Firm

WilmerHale

Wilson Elser

Winston & Strawn

Wolf Greenfield

Young Conaway

Zucker Law Group

GOVERNMENT AGENCIES IN TODAY'S NEWS

California Supreme Court

Centers for Medicare & Medicaid Services

Commonwealth of Massachusetts

Delaware Court of Chancery

Executive Office of the President

Federal Aviation Administration

Federal Election Commission

Federal Trade Commission

Food and Drug Administration

International Trade Commission

Kansas Attorney General's Office

Los Angeles Superior Court

Manhattan District Attorney's Office

Michigan Supreme Court

National Institutes of Health

National Science Foundation

National Transportation Safety Board

New York Supreme Court, New York County

Oklahoma Attorney General's Office

Oklahoma Supreme Court

Patent Trial and Appeal Board

U.S. Attorney's Office for the Eastern District of Michigan

U.S. Court of Appeals for the Eighth Circuit

U.S. Court of Appeals for the First Circuit

U.S. Court of Appeals for the Ninth Circuit

U.S. Court of Appeals for the Second Circuit

U.S. Court of Appeals for the Seventh Circuit

U.S. Court of Appeals for the Sixth Circuit

U.S. Customs and Border Protection

U.S. Department of Justice

U.S. Department of Transportation

U.S. District & Bankruptcy Courts of Southern District of Texas

U.S. District Court for the Central District of California

U.S. District Court for the Central District of Illinois

U.S. District Court for the District of Columbia

U.S. District Court for the District of Delaware

U.S. District Court for the District of New Jersey

U.S. District Court for the Eastern District of Michigan

U.S. District Court for the Eastern District of Pennsylvania

U.S. District Court for the Southern District of New York

U.S. District Court for the Western District of Texas

U.S. Patent and Trademark Office

U.S. Securities and Exchange Commission

U.S. Supreme Court

United States District Court for the District of Colorado

United States District Court for the Northern District of Oklahoma

World Intellectual Property Organization