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Life Sciences

  • September 18, 2018

    Monsanto Fights To Get $289M Verdict Tossed Or A New Trial

    Bayer AG-acquired Monsanto asked a California court Tuesday to set aside a $289 million jury verdict for a man who said its Roundup weed killer caused his cancer, arguing there wasn’t enough evidence to support his claims and asking the court for a ruling in its favor or a new trial.

  • September 18, 2018

    Merck Workers Defend Class Claims In $250M Sex Bias Suit

    Women who used to work for Merck & Co. Inc. told a New Jersey federal judge on Monday that the company’s attempt to defeat their class claims in a sex bias suit seeking $250 million rested on a “hair-splitting house of cards,” arguing that the initial U.S. Equal Employment Opportunity Commission charge backed their certification motion.

  • September 18, 2018

    Boston Scientific Faces Chancery Suit For Ending $275M Deal

    Medical technology developer Channel Medsystems Inc. sued Boston Scientific late Monday in Delaware's Chancery Court, claiming an unjustified breach of a $275 million agreement to buy Channel and its potential breakthrough device for treating heavy menstrual bleeding.

  • September 18, 2018

    2 Risperdal Cases Greenlighted For Punitive Damages Trials

    A Pennsylvania judge has cleared the way for two boys to seek punitive damages from a Johnson & Johnson unit on their claims that they weren't adequately warned about the risk of breast growth associated with the antipsychotic drug Risperdal.

  • September 18, 2018

    Labaton, Levi Vie For Lead Role In Prothena Stock-Drop Row

    Labaton Sucharow LLP and Levi & Korsinsky LLP threw their hats in the ring to be co-lead counsel in a proposed securities class action alleging Prothena cherry-picked drug trial results and lost investors more than $2 million, according to a Monday filing in New York federal court.

  • September 18, 2018

    AbbVie Kickbacks Tainted $1.3B In Humira Claims, Calif. Says

    AbbVie Inc. generated nearly $1.3 billion in tainted health insurance claims for its blockbuster immunosuppressant Humira by paying kickbacks in the form of cash, alcohol, trips and an elaborate network of “nurse ambassadors,” California regulators said in a complaint filed Tuesday.

  • September 18, 2018

    Ulthera Appeals PTAB Decision Upholding Skin Care Patent

    Medical device company Ulthera Inc. asked the Federal Circuit on Tuesday to rehear its challenge to a DermaFocus LLC patent related to an anti-aging skin care procedure, one day after the Patent Trial and Appeal Board upheld the remaining claims in the patent on remand from that appeals court. 

  • September 18, 2018

    7th Circ. Has Chance To Cut Off 'Mootness Fee' Merger Cases

    Against a backdrop of near-constant shareholder litigation challenging mergers, the Seventh Circuit is the first federal circuit that’s been asked to stop a burgeoning litigation strategy among plaintiffs attorneys that some view as extortion of the merging companies and their shareholders.

  • September 18, 2018

    J&J Cut Corners, Pelvic Mesh Jury Hears At Philly Trial's End

    A trial over a Johnson & Johnson unit’s pelvic mesh products came to a close Tuesday as jurors heard arguments that the company’s failure to properly study the device before it went to market resulted in defects that left a woman in chronic pain and unable to have sex after receiving an implant a decade ago.

  • September 18, 2018

    Deals Rumor Mill: GSK, ADC Therapeutics, Haidilao

    GlaxoSmithKline’s health nutrition unit Horlicks has received bids from Coca-Cola, Nestle and Unilever, ADC Therapeutics is considering going public, and Haidilao nabbed almost $1 billion after the Chinese hot pot chain priced its Hong Kong initial public offering

  • September 18, 2018

    Fed. Circ. Ruling Takes 'Blocking Patents' To New Places

    The Federal Circuit’s recent ruling invalidating patents on Acorda Therapeutics Inc.’s multiple sclerosis drug Ampyra could expand the impact of so-called blocking patents and may make it easier to show an invention is obvious, attorneys say.

  • September 18, 2018

    Clovis To Pay $20M To End SEC Claims Over Cancer Drug

    Biomedical firm Clovis Oncology Inc. and two of its executives will pay more than $20 million in penalties to resolve U.S. Securities and Exchange Commission claims that the company misled investors about the efficacy of its developmental lung cancer drug, the agency said Tuesday.

  • September 18, 2018

    Six Cos. Launch IPOs Totaling $465M Led By Biotech Firms

    Six companies set price ranges this week on initial public offerings estimated to raise $465 million combined, led by four biotechnology firms plus a medical device company and a Maryland bank, adding to a growing lineup of issuers expected to price IPOs in the coming days.

  • September 18, 2018

    Ore. Pot Biz Owner Gets 7 Months For Federal Tax Crimes

    An Oregon federal court on Monday sentenced a part-owner and operator of medical marijuana dispensaries to seven months in prison and ordered him to pay some $260,000 restitution in what the U.S. Department of Justice calls the first sentencing of a legal marijuana business owner in the state for federal tax crimes.

  • September 18, 2018

    SEC Settles With Alleged Chicago Penny Stock Fraudster

    A Chicago-area wellness company executive reached a deal to settle claims from the U.S. Securities and Exchange Commission he manipulated his company’s penny stock offerings, agreeing to pay a yet-to-be-determined penalty, the agency said Tuesday.

  • September 18, 2018

    Smith & Nephew To Pay $10.5M To Settle Knee Implant IP Row

    Smith & Nephew Inc. will shell out $10.5 million to Conformis Inc. to resolve all pending patent disputes between the two medical equipment manufacturers, Conformis said Monday.

  • September 17, 2018

    No Kickback Fines For Implant Refunds, HHS Watchdog Says

    An orthopedic implant maker won’t face Anti-Kickback Statute penalties for offering refunds to incentivize purchases of its products, according to an opinion released Monday by the Office of Inspector General for the U.S. Department of Health and Human Services.

  • September 17, 2018

    Biopharm Co. Investors Sue Directors In Chancery Over Pay

    Investors in biopharmaceutical company Abeona Therapeutics Inc. sued the company’s nonemployee directors and top officers on the company’s behalf Monday, alleging in Delaware Chancery Court that nonemployee board members are “grossly” overcompensated despite woeful business performance.

  • September 17, 2018

    J&J Talc Supplier Makes Last-Second Deal In Asbestos Trial

    Imerys Talc America, talc supplier for Johnson & Johnson, has settled a woman’s allegations that it knowingly sold talcum powder contaminated with asbestos, exiting the case shortly before a California jury on Monday began deliberations on the woman’s claim that J&J owes her millions for causing her mesothelioma.

  • September 17, 2018

    J&J Wages New Fight Over Asbestos In Talc After $117M Loss

    A few months after Johnson & Johnson and a co-defendant were hit with verdicts totaling $117 million in a similar case, the pharmaceutical giant called on a different panel of jurors in the same New Jersey courtroom Monday to reject claims that a woman’s alleged exposure to asbestos in its baby powder contributed to her mesothelioma.

Expert Analysis

  • Biotech Cos. Must Respect Coexisting Gene Editing Patents

    Tyler Cho

    The Federal Circuit's decision in the gene editing technology battle between the University of California and the Broad Institute provides that the two parties' patents can coexist. Biotech companies using this technology should seek licenses from both UC and the Broad Institute, say attorneys at Faegre Baker Daniels LLP.

  • Opinion

    Orexigen Decision At Odds With High Court Jurisprudence

    Douglas Greene

    The Ninth Circuit's decision last month in Khoja v. Orexigen Therapeutics — placing constraints on the record a court may consider in deciding falsity and scienter under the securities laws — countermands the U.S. Supreme Court’s direction to courts in Omnicare and Tellabs, say attorneys with BakerHostetler.

  • What Manufacturers Should Know About Triclosan Findings

    Doug Pfeifer

    A recent study suggests that triclosan, a common antibacterial agent, can promote colonic inflammation and cancer in mice when ingested at what the authors deem normal human exposure levels from using certain consumer products. But this research is unlikely to find its way into the courtroom, say Douglas Pfeifer and Richard Morgan of Bowman and Brooke LLP and Brent Kerger of Exponent Inc.

  • Calif.'s New Rules For Lawyers Move Closer To ABA Model

    Mark Loeterman

    The first comprehensive overhaul of California's Rules of Professional Conduct in nearly 30 years becomes operational on Nov. 1. Some of the new rules mirror the model language used by the American Bar Association, but many continue to reflect California’s unique approach to certain ethical questions, says Mark Loeterman of Signature Resolution LLC.

  • Surveying The Cannabis Patent Litigation Landscape

    Tryn Stimart

    As the cannabis market continues to grow, patent infringement suits will abound contingent on federal legalization. Some in the industry worry that many current cannabis patent claims are overbroad, but the availability of post-grant proceedings may provide a solution, say Tryn Stimart and Jean Dassie of Gibbons PC.

  • Congressional Forecast: September

    Layth Elhassani

    The House and Senate are entering their respective final runs before the November midterm elections. The most pressing items of business are funding the government and the pending Senate confirmation of Brett Kavanaugh to the U.S. Supreme Court. But several lower-profile issues remain as well — including a Republican push for further tax reform, says Layth Elhassani of Covington & Burling LLP.

  • Know The Limits To Atty Public Statements During A Trial

    Matthew Giardina

    The balancing act between protecting attorneys’ speech rights and ensuring unbiased adjudications was highlighted recently in two cases — when Michael Cohen applied for a restraining order against Stephanie Clifford's attorney, and when Johnson & Johnson questioned whether a Missouri talc verdict was tainted by public statements from the plaintiffs' counsel, says Matthew Giardina of Manning Gross & Massenburg LLP.

  • Opinion

    FTC's Public Hearings Will Be Valuable

    David Balto

    On Thursday, the Federal Trade Commission began a series of hearings on competition and consumer protection in the 21st century. These events are an important first step in guiding enforcement priorities, says David Balto, a former policy director of the FTC Bureau of Competition.

  • In Calif., Questions Remain On Law Firm Conflict Waivers

    Richard Rosensweig

    In Sheppard Mullin v. J-M Manufacturing Co., the California Supreme Court ruled last month that a law firm's failure to disclose a known conflict with another current client did not categorically disentitle the firm from recovering fees. But the court didn’t provide hoped-for guidance on how to write an enforceable advance conflict waiver, says Richard Rosensweig of Goulston & Storrs PC.

  • Q&A

    A Chat With Faegre Client Development Chief Melanie Green

    Melanie Green

    In this monthly series, Amanda Brady of Major Lindsey & Africa interviews management from top law firms about the increasingly competitive business environment. Here we feature Melanie Green, chief client development officer at Faegre Baker Daniels LLP.