Life Sciences

  • November 21, 2019

    Monsanto Can't Ditch LA County's PCB Suit

    Bayer AG’s Monsanto Co. and other companies cannot escape Los Angeles County’s bid to recoup costs from the cleanup of polychlorinated biphenyls, a California federal judge ruled Thursday, rejecting the companies’ argument that the allegations are too old.

  • November 21, 2019

    Teva Gets PTAB To Review Cushing's Syndrome Drug Patent

    The Patent Trial and Appeal Board will look at whether a patent covering Corcept Therapeutics Inc.’s flagship Cushing's syndrome medication Korlym is invalid, following a challenge from Teva Pharmaceuticals USA Inc.

  • November 21, 2019

    USDA Hemp Rules Pose Problems, Oregon Sens. Say

    Oregon’s Democratic U.S. Sens. Ron Wyden and Jeff Merkley have criticized the U.S. Department of Agriculture's proposed regulations for hemp farming, saying restrictions on THC concentrations and who can test the crops are burdensome.

  • November 21, 2019

    Democratic Candidates Advocate For Busting Drug Patents

    Several Democratic candidates for president are campaigning on platforms that include seizing patents from pharmaceutical companies as a way to lower drug prices, illustrating a growing embrace of a tactic the government has very rarely used.

  • November 21, 2019

    Insys Reaches Creditor Deal For Tiered Ch. 11 Recoveries

    Bankrupt opioid maker Insys Therapeutics Inc. told a Delaware bankruptcy judge Thursday that negotiations over the past week had resulted in a deal with its creditors on a Chapter 11 plan that will provide tiered recoveries to claimants in different classes.

  • November 21, 2019

    PTAB Probes Authenticity Of Prior Art In Pain Treatment Case

    The Patent Trial and Appeal Board appeared skeptical Thursday of a pharmaceutical company's argument during a post-grant review that prior art introduced to invalidate one of its pain treatment patents lacked authenticity.

  • November 21, 2019

    Pharma Co. Wins $16.7M At Trial Over Inflated Ad Costs

    A New York federal jury on Wednesday found that a Florida-based marketing company overcharged the U.S. arm of a large Mexican pharmaceutical and cosmetics company nearly $16.7 million when placing its ads on Spanish-language television across the country.

  • November 21, 2019

    Deals Rumor Mill: Hudson's Bay, Charles Schwab, DoorDash

    A private equity firm is hoping to usurp the previously announced deal for Hudson’s Bay worth about $1.4 billion, Charles Schwab could pay $25 billion to buy smaller rival TD Ameritrade, and DoorDash is considering a direct listing instead of an IPO. Here, Law360 breaks down these and other deal rumors from the past week that you need to be aware of.

  • November 21, 2019

    House Advances Bills Targeting Pharma IP Practices

    The House Judiciary Committee has cleared legislation aimed at cutting drug prices by outlawing a pharmaceutical industry practice known as “product hopping,” as well as streamlining the patent process so biosimilars can more quickly enter the market.

  • November 20, 2019

    Disclosure, Transparency Regs Headline DOL Benefits Agenda

    The U.S. Department of Labor's benefits division has added several items to its most recent to-do list, telling stakeholders Wednesday that it hopes to push out rules giving employers more leeway to deliver benefits information online and requiring health insurers to tell workers how much they'll owe for treatment before they receive it.

  • November 20, 2019

    Harvest Health Walks Away From $225M Financing Deal

    Arizona-based cannabis giant Harvest Health & Recreation said Wednesday that it has walked away from a $225 million financing deal and scaled back plans to acquire cannabis licenses in several states.

  • November 20, 2019

    Zimmer Must Face Pa. Woman's Faulty Hip Implant Claims

    The Third Circuit has reversed the dismissal of a suit against Zimmer US Inc. over a woman's allegedly defective hip implant, saying it's up to a jury to decide whether she filed her claims too late.

  • November 20, 2019

    AbbVie Investors Fight Bid To Toss Humira Kickbacks Suit

    Investors urged an Illinois federal judge on Tuesday not to dismiss a lawsuit against AbbVie Inc., saying they’ve adequately alleged that the pharmaceutical company concealed its use of an illegal strategy to market its blockbuster drug Humira.

  • November 20, 2019

    Fund Pays $4M To Settle Mass. Medicare Kickback Probe

    A Florida-based foundation agreed to pay $4 million to settle allegations that it violated the False Claims Act by helping Teva, Biogen and Novartis pay kickbacks to Medicare patients taking the companies' drugs, the Massachusetts U.S. Attorney's Office announced Wednesday.

  • November 20, 2019

    Buyers Chide Endo's Claim That Class Too Small For Cert. Bid

    Direct purchasers who claim they overpaid for pain reliever Opana ER have asked an Illinois federal court to ignore Endo Pharmaceuticals' argument that their proposed class is too small to be certified, asserting that federal courts routinely approve classes of fewer than 40, including in similar antitrust disputes.

  • November 20, 2019

    Hologic Inks $205M Sale Of 'Underperforming' Med Tech Co.

    Hologic detailed plans Wednesday to sell its "underperforming" medical aesthetics company Cynosure for $205 million to private equity firm Clayton Dubilier & Rice, in a deal steered by Wachtell and Debevoise.

  • November 20, 2019

    Senators Press FDA Nominee On Vaping Flavor Ban

    The Trump administration’s nominee to lead the U.S. Food and Drug Administration told lawmakers on Wednesday that aggressive action is needed to combat the youth vaping crisis but stopped short of saying he was committed to banning e-cigarette flavors.

  • November 20, 2019

    Pa. Justices Reopen Time For 'Thousands' Of Risperdal Suits

    A split Supreme Court of Pennsylvania reopened the door for thousands of mass tort cases against Janssen Pharmaceuticals Inc. on Wednesday, when it threw out two dates by which lower courts said patients should have known the potential link between the antipsychotic drug Risperdal and abnormal breast growth in children.

  • November 20, 2019

    Cancer Treatment Startup Raises $56M In Funding

    Werewolf Therapeutics, a Massachusetts-based biotherapeutics startup, said Wednesday it raised $56 million in Series A funding to help fund cancer treatment development.

  • November 20, 2019

    House Panel Approves Cannabis Tax, Decriminalization Bill

    The House Judiciary Committee cleared legislation Wednesday that would decriminalize cannabis and allow a 5% federal excise tax to be imposed on cannabis products.

  • November 20, 2019

    House Committee Advances Sweeping Pot Legalization Bill

    The House Judiciary Committee voted 24-10 Wednesday to advance a historic marijuana legalization bill that represents a major step in the effort to reform federal cannabis policy, with two Republicans joining the Democratic majority.

  • November 20, 2019

    Gov. Can't Ban Vapes Via Exec Order, Mass. Top Court Hears

    Allowing Massachusetts Gov. Charlie Baker's sweeping ban on vaping products to stand would clear the way for the state to regulate virtually any product through an emergency executive order, a vaping industry group argued in a brief filed with the state's top court late Tuesday.

  • November 19, 2019

    Urine Maker Owes $900K In Atty Fees After Loss In IP Suit

    Synthetic urine producer Dr. Greens Inc. must pay nearly $900,000 in attorney fees on top of $3 million in damages and interest already awarded following a jury verdict earlier this year that found the fake pee maker willfully infringed a rival's patent, a California judge has ordered.

  • November 19, 2019

    Opioid MDL Judge Plots New Bellwether Trials Across US

    The Ohio federal judge guiding multidistrict opioid litigation on Tuesday singled out numerous cases as good candidates for future bellwether trials, pitting a potpourri of plaintiffs against an assortment of drug companies.

  • November 19, 2019

    Mass. Gov. Defends Vape Ban In 'Time Of Crisis'

    Massachusetts Gov. Charlie Baker defended his ban on the sale of vaping products in the state, telling the Supreme Judicial Court in a brief filed Tuesday that the emergency measure is "an essential tool" for action in a "time of crisis."

Expert Analysis

  • Fed. Circ. Ruling May Affect Eligibility Of Life Sciences Patents

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    In view of the Federal Circuit's recent decision in American Axle v. Neapco and the turbulent state of Section 101 case law generally, to increase their odds of patent eligibility, applicants in the pharmaceutical, biotech and medical industries should claim their inventions at various levels of detail, say David Ludwig and Ted Mathias of Axinn.

  • Health Care Fraud Lessons For Lawyers Advising Doctors

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    The U.S. Department of Justice's seven recent health care fraud takedowns reflect an overall shift in how this type of fraud works, from doctor-driven to doctor-enabled schemes, says Stephen Lee at Benesch.

  • How To Hire Lateral Partners More Effectively

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    Although lateral partner hiring is the preferred method of inorganic growth among law firms, the traditional approach to vetting does not employ sufficient due diligence by the hiring firm, says Michael Ellenhorn at executive search firm Decipher Competitive Intelligence.

  • The Coming Storm Of Biometric Privacy Laws: How To Comply

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    To respond to the rapidly evolving legal landscape, companies that incorporate biometric data into their business practices can take several steps to minimize the risk of privacy litigation exposure, say Jeffrey Rosenthal and David Oberly of Blank Rome.

  • The Coming Storm Of Biometric Privacy Laws: What To Expect

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    While there are only three state biometric privacy laws on the books, there is a growing trend of states' introducing biometric privacy bills, many of which feature far-reaching private right of action provisions that would substantially increase the level of regulatory and litigation risk, say Jeffrey Rosenthal and David Oberly of Blank Rome.

  • Engaging With International Carcinogen Evaluations

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    Defense-oriented attorneys and corporations should be aware of the International Agency for Research on Cancer's list of chemicals, pharmaceuticals and other exposures slated for review over the next five years, and begin preparing for eventual hazard evaluations by IARC working groups, say Eric Lasker and John Kalas of Hollingsworth.

  • Texas Could Take Page From Mass.'s Judicial Selection Book

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    As Texas and other states review their judicial election processes, they would be well served by taking guidance from Massachusetts' Governor’s Council system, which protects the judiciary from the hazards of campaigning, says Richard Baker of New England Intellectual Property.

  • A Possible USPTO Solution To PTAB Constitutionality Ruling

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    While courts continue to debate whether the Federal Circuit's remedy in Arthrex v. Smith & Nephew is sufficient to save the constitutionality of the Patent Trial and Appeal Board, perhaps it is time for the U.S. Patent and Trademark Office to remove its self-imposed limits on precedential opinion panel rehearings, say James Carmichael and Stephen Schreiner of Carmichael IP.

  • Genetic Testing Gold Rush Gives Rise To Fraud Allegations

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    As Medicare payments for genetic testing rise, recent federal indictments over related fraud schemes suggest that a crackdown is already underway, says Alexander Owens of Pietragallo Gordon.

  • Revised USPTO Trial Practice Guide Leans Pro-Patent Owners

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    The U.S. Patent and Trademark Office recently released its updated Trial Practice Guide, which includes several policy changes that tip the scales toward patent owners and make the PTAB less attractive than district courts for litigating patent validity, says Brian Berliner of O’Melveny.

  • Series

    Judging A Book: McKeown Reviews 'Conversations With RBG'

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    Reading Jeffrey Rosen’s "Conversations With RBG: Ruth Bader Ginsburg on Life, Love, Liberty, and Law" is like eavesdropping on the author and his subject while they discuss how the restrained judicial minimalist became the fiery leader of the opposition, says Ninth Circuit Judge M. Margaret McKeown.

  • Legislative Trends May Kill Texas Employer Cannabis Tests

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    Following recent legislative developments — such as a Texas law that expands patient access to medical marijuana and proposed amendments to the federal Controlled Substances Act — many Texas employers are questioning whether to continue cannabis testing because it has become somewhat problematic, says Stephen Roppolo at Fisher Phillips.

  • Noteworthy Changes From FDA's Latest Software Guidance

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    The U.S. Food and Drug Administration's new software-related guidance is largely consistent with previous drafts, but makes a variety of technical changes and clarifications to the FDA’s interpretation of the 21st Century Cures Act exemptions for certain software functions, say attorneys at Akin Gump.

  • Citizen Petitions Are Crucial In Managing A Drug's Life Cycle

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    When properly applied, citizen petitions allow drug companies to extend the valuable near-end period of drug market exclusivity, and in some instances they can broadly impact the availability of drug products, say attorneys at Wilson Sonsini.

  • State Net

    States' Vaping Bans Face Legal Hurdles

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    With a still-developing outbreak of lung injuries linked to vaping, and e-cigarette bans in some states already blocked by courts, regulatory maneuvering over this issue is likely to be a major policy concern in the months to come, says Dave Royse of State Net Capitol Journal.