Life Sciences

  • March 25, 2024

    J&J Exec 'Shocked' Over Atty's Ties With Talc Plaintiffs

    Johnson & Johnson's vice president of litigation said on Monday he was "utterly shocked and appalled" upon learning an attorney who served as the company's outside counsel was working with its adversary Beasley Allen Law Firm and one of its attorneys in litigation over the alleged link between the company's talcum powder products and ovarian cancer.

  • March 25, 2024

    Amgen Sues Colorado After Drug's 'Unaffordable' Rating

    Amgen has sued the Colorado Prescription Drug Affordability Review Board in federal court after receiving a determination that one of its arthritis drugs is "unaffordable," saying the board is using unconstitutionally "unguided discretion" to impose arbitrary price controls on patent-protected drugs.

  • March 25, 2024

    PacBio CEO's Words Haunt Patent Invalidity Arguments

    A California federal judge concluded Monday that statements made by the chief executive officer of biotech company Pacific Biosciences to investors at an earnings call undermined the company's invalidity arguments in a patent suit it's facing.

  • March 25, 2024

    PTAB Splits On Medtronic Bladder And Bowel Control Patents

    The Patent Trial and Appeal Board has issued split decisions that upheld one Medtronic patent covering an electrical stimulation system used to treat loss of bladder and bowel control and trimmed another patent in challenges brought by a smaller rival in the medical device field.

  • March 25, 2024

    What To Watch As Opioid Litigation Goes To Ohio High Court

    The Ohio Supreme Court on Tuesday will become only the second state high court to hear oral arguments on whether the opioid epidemic is a public nuisance, the controversial legal theory underpinning numerous suits across the country including a $650 million award that two Ohio counties won against Walmart, CVS and Walgreens.

  • March 25, 2024

    Fed. Circ. Dissent Raises Alarm Over IP Safe Harbor Use

    A California federal judge rightly dismissed Edwards Lifesciences Corp.'s infringement suit against Meril Life Sciences Pvt. Ltd., the Federal Circuit held Monday, with a dissent arguing such a holding would "create future mischief."

  • March 25, 2024

    FTC Intervenes In Teva-Amneal Row To Push Patent Delisting

    The Federal Trade Commission waded into another patent fight Friday with a New Jersey federal court amicus brief targeting the same Teva Pharmaceuticals asthma inhaler patents it has already included in a roster of over 100 it believes were improperly listed in a key federal database.

  • March 25, 2024

    Fla. Pharmacy Says It Was Cut From Federal PrEP Program

    A Florida pharmacy says it was abruptly shut out of a federal program that provides free access to preexposure prophylaxis HIV-prevention medication, asking a D.C. federal judge on Monday to force the U.S. Department of Health and Human Services and two contractors to reinstate the pharmacy to the program.

  • March 25, 2024

    Pilot For UK Billionaire Says Stock Tips Case Is Too Vague

    A pilot charged with trading on insider stock tips from U.K. billionaire Joe Lewis told a New York federal judge Friday that prosecutors had failed to identify a piece of information that he knew was non-public, urging the court to toss the case.

  • March 25, 2024

    Paul Weiss-Led AbbVie Inks Up To $212M Deal For Landos Bio

    AbbVie Inc., represented by Paul Weiss Rifkind Wharton & Garrison LLP, said Monday it will pay up to $212.5 million for Cooley LLP-led Landos Biopharma Inc., a clinical-stage biopharmaceutical company developing treatments for autoimmune diseases.

  • March 25, 2024

    3rd Circ. Won't Rethink AbbVie Privilege Ruling

    The Third Circuit refused Monday to reconsider a ruling that found AbbVie was unable to show a lower court went against precedent or made errors when ordering the drugmaker to turn over attorney communications from a patent case allegedly meant to delay an AndroGel rival.

  • March 25, 2024

    Catching Up With Delaware's Chancery Court

    Last week in Delaware's Court of Chancery, litigants battled as Truth Social went public, Carl Icahn and Tripadvisor hit a roadblock, and more shareholders wailed about "invasive" bylaws. Oil drilling and pharmaceutical mergers sparked new lawsuits, and a sewing machine trademark owner sued to end a contract.

  • March 25, 2024

    Novo Nordisk Inks $1.1B Deal For German Pharma Biz

    Danish pharmaceutical giant Novo Nordisk A/S said Monday it has signed a deal to acquire Cardior Pharmaceuticals of Germany for just over €1 billion ($1.1 billion) to widen its focus on cardiovascular diseases.

  • March 25, 2024

    Kirkland Guides Ingersoll Rand On $2.3B ILC Dover Buy

    Kirkland & Ellis LLP is representing Ingersoll Rand on a new agreement to buy ILC Dover from private equity firm New Mountain Capital for more than $2.3 billion, part of Ingersoll's plan to bolster its life sciences business, the industrial products company said Monday. 

  • March 22, 2024

    Gilead's Win Upheld In Billion-Dollar HIV Drug Patent Case

    A Delaware federal judge on Friday largely upheld a jury's verdict rejecting the government's potentially billion-dollar claim that Gilead Sciences Inc. infringed patents covering HIV drugs, ruling that the jury was correct in finding Gilead didn't cause doctors and patients to infringe.

  • March 22, 2024

    Jury Says Dexcom Infringed 1 Abbott Patent In Mixed Verdict

    A Delaware federal jury decided Friday that Dexcom infringed a glucose monitor patent owned by an Abbott Laboratories unit, cleared it of infringing two others and hung on a fourth, setting up a later damages trial in the latest facet of a globe-spanning legal dispute between the companies.

  • March 22, 2024

    Robitussin Buyers' Lack Of Receipts Dooms Labeling Cert.

    A New York federal judge on Thursday denied class certification in litigation claiming GlaxoSmithKline lied about the "Maximum Strength" label on certain Robitussin cough syrup products, saying although the plaintiffs' lack of receipts does not warrant GSK's bid for summary judgment, it's enough to dismiss the customers' request for certification.

  • March 22, 2024

    Expert's Sanctions Off Limits In SEC's 'Shadow Trading' Trial

    A California federal judge overseeing a "shadow trading" trial starting Monday against a pharmaceutical executive ruled that the U.S. Securities and Exchange Commission can't introduce banking sanctions evidence against the defendant's mergers and acquisitions expert as long as he doesn't give opinions on securities law.

  • March 22, 2024

    Pharma Co. Brass Overhyped ALS Drug Efficacy, Suit Says

    Executives and directors of neurodegenerative disease drugmaker Brainstorm Cell Therapeutics have been hit with a proposed class action alleging they damaged the company by overstating the effectiveness of its Lou Gehrig's disease drug even after the U.S. Food and Drug Administration rejected its license application.

  • March 22, 2024

    Up Next At High Court: Abortion, Jury Trials And Estate Tax

    The U.S. Supreme Court will hear oral arguments this week over the U.S. Food and Drug Administration's decision expanding access to popular abortion pill mifepristone as well as whether juries should determine a defendants' eligibility for repeat offender enhanced sentencing under the Armed Career Criminal Act and how long federal employees have to appeal adverse employment decisions.

  • March 22, 2024

    Md. University Says Psilocybin Trade Theft Suit Belongs In US

    A London-based biochemical company cannot be allowed to escape across the pond with trade secrets related to using psilocybin as a mental health treatment, the University of Maryland, Baltimore, told a federal court, saying the company's minimum contacts with the state was its "months-long fraudulent scheme" to swipe intellectual property.

  • March 22, 2024

    $900M Trade Secrets Case Against Kaiser Foundation Flops

    A California state judge has ruled that, after more than five years of litigation against the Kaiser Foundation, a pastor's small medical technology startup cannot "explain what was unique or secret about its conception for transmitting patient data" that was purportedly worth beyond $900 million.

  • March 22, 2024

    Final OK Sought For Economic Loss Deal In CPAP Recall MDL

    Users of Philips' recalled CPAP breathing machines have asked a Pennsylvania federal judge to give her final OK to their $467.5 million settlement with the company to cover economic loss claims, arguing only a few objections to the deal remain.

  • March 22, 2024

    Radiology Co., Trustee Must Face Ex-Worker's ESOP Suit

    A Colorado federal judge refused to toss a proposed class action accusing a radiology company and its trustee of overcharging the company's employee stock ownership plan in a $163.7 million sale, saying the former workers' complaint puts forward enough details to back up their allegations.

  • March 22, 2024

    Vanda's Obviousness Appeal Isn't Worthwhile, Teva Tells Justices

    Teva Pharmaceuticals and Apotex have said the U.S. Supreme Court should reject a petition from Vanda Pharmaceuticals, which said the Federal Circuit "charted its own course" when it invalidated its sleep drug patents as obvious.

Expert Analysis

  • Reverse Merger Tips For Biotechs After SEC's Recent Actions

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    Several recent U.S. Securities and Exchange Commission developments could limit the viability of reverse mergers for biotech companies, and will require additional creativity and analysis for private companies looking to go public, say attorneys at Orrick.

  • Opinion

    Proposed Rule Misses The Mark On Improving MDLs

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    The Advisory Committee on Civil Rules' recently proposed rule on multidistrict litigation would provide some guidance for courts on managing MDLs — but without any requirement for the early vetting of claims, it is particularly unhelpful for defendants in pharmaceutical and product liability cases, say attorneys at Crowell & Moring.

  • Taking A Closer Look At Fed. Circ. Claim Construction Split

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    An empirical analysis of a year's worth of claim construction decisions from the Federal Circuit and four key district court jurisdictions shows that these constructions vary in material ways depending on the analysis' source, and this body of case law would benefit from clarification by the Federal Circuit itself, say attorneys at WilmerHale.

  • The 7th Circ.'s Top 10 Civil Opinions Of 2023

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    Attorneys at Jenner & Block examine the most significant decisions issued by the Seventh Circuit in 2023, and explain how they may affect issues related to antitrust, constitutional law, federal jurisdiction and more.

  • Employee Experience Strategy Can Boost Law Firm Success

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    Amid continuing business uncertainty, law firms should consider adopting a holistic employee experience strategy — prioritizing consistency, targeting signature moments and leveraging measurement tools — to maximize productivity and profitability, says Haley Revel at Calibrate Consulting.

  • Series

    Competing In Triathlons Makes Me A Better Lawyer

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    While practicing law and competing in long-distance triathlons can make work and life feel unbalanced at times, participating in the sport has revealed important lessons about versatility, self-care and perseverance that apply to the office as much as they do the racecourse, says Laura Heusel at Butler Snow.

  • Parsing The USPTO's Guidelines For Assessing Enablement

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    Ryan Hagglund at Loeb & Loeb details the U.S. Patent and Trademark Office's recent guidelines for assessing enablement principles set forth in the U.S. Supreme Court's 2023 Amgen v. Sanofi decision, including how the guidelines can apply to all fields of technology.

  • Notes Of Interest From 5th Circ. Illumina-Grail Merger Ruling

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    Attorneys at Simpson Thacher consider the Fifth Circuit's recent decision upholding the Federal Trade Commission's challenge of the Illumina merger with Grail, its much-needed boost to the Biden administration's antitrust agenda, and some silver linings the decision offers to merging parties.

  • DOJ's Biopharma Settlement Raises Anti-Kickback Questions

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    In the aftermath of the U.S. Department of Justice's settlement with Ultragenyx over genetic testing programs, it may be prudent to reevaluate genetic tests through the lens of the Anti-Kickback Statute and reconsider whether it is proper for free testing programs to be treated like patient assistance programs, says Mary Kohler at Kohler Health Law.

  • Where Justices Stand On Chevron Doctrine Post-Argument

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    Following recent oral argument at the U.S. Supreme Court, at least four justices appear to be in favor of overturning the long-standing Chevron deference, and three justices seem ready to uphold it, which means the ultimate decision may rest on Chief Justice John Roberts' vote, say Wayne D'Angelo and Zachary Lee at Kelley Drye.

  • Precise Advance Notice Bylaws May Help Prevent Disputes

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    While the Chancery Court's December decision in Kellner v. AIM Immunotech shows that Delaware courts won't always uphold advance notice bylaws, and its willingness to selectively enforce or invalidate individual provisions doesn't create an incentive for companies to be surgical in their drafting, companies should nonetheless be precise when drafting such bylaws to avoid unnecessary disputes, say attorneys at Debevoise.

  • Perspectives

    6 Practice Pointers For Pro Bono Immigration Practice

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    An attorney taking on their first pro bono immigration matter may find the law and procedures beguiling, but understanding key deadlines, the significance of individual immigration judges' rules and specialized aspects of the practice can help avoid common missteps, says Steven Malm at Haynes Boone.

  • Series

    ESG Around The World: Canada

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    In Canada, multiple statutes, regulations, common law and industry guidance address environmental, social and governance considerations, with debate over ESG in the business realm potentially growing on the horizon, say attorneys at Blakes.

  • 5 Legal Considerations For Psychedelic Therapy Sector

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    With multiple developments signaling the rise of psychedelic-assisted psychotherapy, it is imperative that clinicians understand unique legal nuances ranging from corporate formation to specialized insurance coverage, say Kimberly Chew and Natasha Sumner at Husch Blackwell.

  • Lessons From Country Singer's Personal Service Saga

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    Recent reports that country singer Luke Combs won a judgment against a Florida woman who didn’t receive notice of the counterfeit suit against her should serve as a reminder for attorneys on best practices for effectuating service by electronic means, say attorneys at Jenner & Block.

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