The federal judge steering multidistrict opioid litigation is lacing into major pharmacy benefit managers for asking the Sixth Circuit to abruptly reverse a key ruling, denouncing their "spurious insinuations" about his motives and warning of disarray if they successfully break up the MDL's consolidated suits.
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TOP NEWS

Opioid MDL Judge Fears 'Chaos' If PBMs Derail 100s Of Suits

By Jeff Overley

The federal judge steering multidistrict opioid litigation is lacing into major pharmacy benefit managers for asking the Sixth Circuit to abruptly reverse a key ruling, denouncing their "spurious insinuations" about his motives and warning of disarray if they successfully break up the MDL's consolidated suits.

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Fed. Circ. Reverses Denial Of Catheter Patent Claim

By Adam Lidgett

The Federal Circuit on Thursday threw out a Patent Trial and Appeal Board decision that refused to give patent protection to the first claim in an Incept LLC medical catheter patent, saying the board needs to take another look.

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NIH Grant Terminations Violate First Amendment, Court Told

By Gianna Ferrarin

The National Institutes of Health is violating the First Amendment by terminating research grants based on policies aimed at suppressing "disfavored" viewpoints on gender identity, climate change and a host of other topics, researchers told a California federal court in a proposed class action suit.

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POLICY & REGULATION

Industry Groups, IP Attys Back High Court PTAB Denials Case

By Theresa Schliep

The bar association for the Patent Trial and Appeal Board, a group of intellectual property law attorneys and others have urged the U.S. Supreme Court to scrutinize the discretionary denial policies of current U.S. Patent and Trademark Office leadership.

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LITIGATION

Ore. Judge Denies HHS' Attempt To Amend Gender Care Order

By Dan McKay

An Oregon federal judge on Thursday rejected the Trump administration's bid to narrow an earlier order that voided a policy declaration central to the government's crackdown on gender-affirming care for minors.

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IBM, J&J Get Incurable Data Breach Suit Tossed For Good

By Bonnie Eslinger

A New York federal judge dismissed a proposed class action alleging IBM and Johnson & Johnson's healthcare arm failed to safeguard sensitive health information of thousands of patients before a 2023 data breach, saying he provided plaintiffs a chance to fix their complaint, and they didn't cure its "deficiencies."

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Justices Told Fed. Circ. Erred In Veterinary Software Feud

By Adam Lidgett

A healthcare consulting services company wants the U.S. Supreme Court to review the Federal Circuit's refusal to revive its copyright and contract claims in a fight over rights to healthcare software for a U.S. Army veterinary records system.

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Fla. Couple Says IVF Clinic Used Stranger's Sperm

By Carolina Bolado

A Florida couple sued a fertility clinic Thursday alleging that it created embryos for the couple with an unknown man's sperm, which they learned after a DNA test showed their daughter has no biological connection to her father.

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Brief

Full Fed. Circ. Won't Rethink Pfizer's Paxlovid IP Win

By Adam Lidgett

The full Federal Circuit on Thursday won't disturb a panel's refusal to revive a patent that Enanta Pharmaceuticals had accused Pfizer of infringing through its blockbuster Paxlovid COVID-19 treatment.

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BANKRUPTCY

Judge OKs Omnicare Plan That Will Settle $1B In Fraud Claims

By Emily Lever

A Texas bankruptcy judge on Thursday approved CVS unit Omnicare LLC's Chapter 11 plan, which will spin off the unit from the pharmacy megachain and settle $1 billion in federal fraud claims, after the debtor resolved all objections.

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PEOPLE

Greenberg Traurig Lands Jones Day Life Science Pro In Calif.

By Madison Arnold

A longtime Jones Day patent attorney and former medicinal chemist has brought his practice to Greenberg Traurig LLP in San Diego.

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EXPERT ANALYSIS

A Road Map To Modernizing Clinical Lab Regulations

The Centers for Medicare & Medicaid Services' recent request for comments on potential changes to the Clinical Laboratory Improvement Amendments provides an early indication of where CLIA is headed, and the operational, compliance, reimbursement and enforcement issues those changes will create, says Jose Vela at Clark Hill.

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LEGAL INDUSTRY

Senate Confirms Kirkland Partner To Texas Federal Bench

By Courtney Bublé

The Senate voted 49-45 on Thursday to confirm Kasdin Miller Mitchell, a partner at Kirkland & Ellis LLP, to serve as a U.S. district judge for the Northern District of Texas.

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Analysis

Sue To Stop AI Armageddon? Not So Fast, Attys Say

By Y. Peter Kang

As executives at leading artificial intelligence companies increasingly assert that their own technology could one day pose an existential threat to humanity, a natural question follows: If the risk is real, can anyone sue to stop it before disaster strikes?

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Clancy Atty Denies Malpractice Claim By Man Serving Life

By Julie Manganis

A prominent Massachusetts criminal defense attorney best known for representing Lindsay Clancy has been accused in a separate case of "abandoning" a client who is serving life sentences for second-degree murder and home invasion, allegations the lawyer denies.

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AI Flubs, More Secure PACER Get Judiciary Forum Spotlight

By Jeff Overley

Misuse of artificial intelligence tools and a "state-of-the-art" revamp of electronic dockets in federal cases were among the hottest topics Thursday at a major meeting of judiciary leaders, who also heard a lawmaker warn of eroding trust in the U.S. Department of Justice.

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Analysis

For Single-Party FTC, Easier Suits May Come With A Cost

By Bryan Koenig

The Federal Trade Commission has ditched its historical multimember, multiparty ethos for a one-party regime in which fewer dissents might make it easier for Chairman Andrew Ferguson to pursue his agenda, but it also forecloses the potential "moderating influence" that comes with winning broad buy-in from commissioners of two parties.

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Immigration Attorney Wants SEC Sanctioned In EB-5 Case

By Tom Lotshaw

An immigration attorney and her firm asked a New York federal judge to sanction the U.S. Securities and Exchange Commission for failing to reasonably investigate an allegedly bogus unregistered securities claim it brought against them in an EB-5 immigrant investor case.

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Weaponization Fund Plaintiffs Say Discovery Ruling Was Right

By Jared Foretek

Plaintiffs suing over the Trump administration's once-proposed "anti-weaponization fund" are telling a Virginia federal judge to reject the U.S. Department of Justice's objections to a magistrate judge's discovery order, accusing the administration of stonewalling their requests and urging prompt discovery production.

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COMPANIES IN TODAY'S NEWS

Albertsons Cos. Inc.

American Academy of Pediatrics

American Civil Liberties Union

American Psychological Association

Amnesty International USA

Anthropic PBC

CVS Health Corp.

Clearing House Payments Co. LLC

Democracy Forward Foundation

Enanta Pharmaceuticals Inc.

Excellus BlueCross BlueShield

Express Scripts Holding Co.

Fort Point Capital

George Washington University

Google LLC

International Business Machines Corp.

Johnson & Johnson

Lawyers for Civil Justice

Marsh & McLennan Cos. Inc.

Med-Trans Corp.

Michigan Technological University

National Rifle Association of America

National Treasury Employees Union

NuRide Transportation Group LLC

Nuvalent Inc.

Omnicare Inc.

OpenAI OpCo LLC

OptumRx Inc.

Pfizer Inc.

Pharmaceutical Care Management Association

Safeway Inc.

Stanford University

Taiwan Semiconductor Manufacturing Co. Ltd.

Tesla Inc.

The Associated Press

The Cigna Group

The Software & Information Industry Association

U.S. Chamber of Commerce

UnitedHealth Group Inc.

LAW FIRMS IN TODAY'S NEWS

Alston & Bird

Bonderud Law Firm

Christensen Fonder

Clark Hill

Covington & Burling

Cozen O'Connor

Farrell & Fuller

Foley Hoag

Greenberg Traurig

HSF Kramer

Hausfeld LLP

Haynes Boone

Jenner & Block

Jones Day

Kilpatrick Townsend

Kirkland & Ellis

Kopelowitz Ostrow

McGuireWoods

Milberg PLLC

Mona Shah & Associates

Morgan & Morgan PA

Morrison Cohen

Motley Rice

Neel Hooper

Paul Hastings

Quinn Emanuel

Ratzan Weissman

Simmons Hanly

Spangenberg Shibley

Srourian Law Firm

Sterlington PLLC

Sullivan & Cromwell

Vartabedian Hester

Wiley Rein

Williams & Connolly

Wilson Sonsini

GOVERNMENT AGENCIES IN TODAY'S NEWS

Centers for Disease Control and Prevention

Centers for Medicare & Medicaid Services

City and County of San Francisco, California

Defense Health Agency

Federal Acquisition Regulatory Council

Federal Trade Commission

Judicial Conference of the United States

National Institutes of Health

Oregon Attorney General's Office

Patent Trial and Appeal Board

Superior Court of Massachusetts

U.S. Army

U.S. Court of Appeals for the Federal Circuit

U.S. Court of Appeals for the Sixth Circuit

U.S. Department of Health and Human Services

U.S. Department of Justice

U.S. District Court for the District of Columbia

U.S. District Court for the District of Oregon

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

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

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

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

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

U.S. Patent and Trademark Office

U.S. Securities and Exchange Commission

U.S. Senate

U.S. Supreme Court

United States District Court for the Northern District of Ohio