Life Sciences

  • May 13, 2021

    Kirkland, Ellenoff Guide Biotech SPAC's $200M IPO

    A blank-check company seeking to combine with a health care business that has the capacity to develop new drug therapies and technologies told regulators Thursday it plans to raise $200 million in an initial public offering guided by Kirkland and Ellenoff Grossman.

  • May 13, 2021

    Life Sciences Real Estate Boom May Outlast Logistics Rush

    While the rapid growth of e-commerce has generated much buzz around a robust logistics property market as retailers gobble up distribution space, life sciences real estate is also booming, and experts say the sector has the potential to outlast logistics and remain attractive for some time. Here are three things to watch amid the life sciences boom.

  • May 13, 2021

    UCB Can't Halt Drug Ingredient Import In Vimpat IP Case

    A Kentucky federal judge refused to block Catalent Pharma Solutions Inc. from importing a key ingredient of the anti-epileptic drug Vimpat, saying the company is protected by a safe harbor provision of the Hatch-Waxman Act.

  • May 13, 2021

    Moderna's Appeal Based On 'Imagined' Error, Fed. Circ. Told

    Moderna's appeal of a Patent Trial and Appeal Board ruling that upheld an Arbutus patent for drug-delivery composition should be rejected because it is based on Moderna's "imagined legal error," the Federal Circuit was told.

  • May 13, 2021

    Life Sciences Software Biz Axtria Lands $150M In Funding

    Life sciences software and analytics business Axtria said Thursday it landed $150 million in funding from Bain Capital Tech Opportunities, which it will use to expand its software-as-a-service products.

  • May 12, 2021

    Attys 'Wasting Time' In Sluggish Opioid Trial: Calif. Judge

    A bummed-out California judge on Wednesday lambasted loquacious lawyers for handling the nation's second opioid crisis trial at a decidedly West Coast clip, declaring that they've been "wasting time" with irrelevant inquiries during four weeks of increasingly tedious testimony.

  • May 12, 2021

    UNC Prof. Testifies That Stem Cell Clinic's Treatment Is Safe

    A University of North Carolina biology professor, speaking as an expert witness on behalf of a clinic and two doctors being sued by the government over experimental stem cell treatments, told a California federal judge on Wednesday that the treatment is so safe she received it herself.

  • May 12, 2021

    Medical Device Co. Sues Over Ex-Worker's Move To Medtronic

    Medical device company Flowonix Medical Inc. has accused a former sales employee of breaking a noncompete and nonsolicitation agreement when he made the move to competitor Medtronic.

  • May 12, 2021

    Judge Halts Crab Harvest In SC Wildlife Refuge

    A federal judge said Wednesday horseshoe crabs cannot be commercially harvested from a national wildlife refuge in South Carolina to benefit a pharmaceutical company, ruling in favor of an environmental group that argued the federal government improperly authorized the activity.

  • May 12, 2021

    AdventHealth Wins $1.5M From PPE Fraud Settlement Default

    A Florida federal judge ruled Wednesday that Adventist Health System can collect about $1.5 million after a California-based asset management firm defaulted on a settlement agreement they reached to resolve the hospital operator's fraud suit over a failed $57.5 million deal for personal protective equipment.

  • May 12, 2021

    Tai Clashes With Senators Over COVID-19 Vaccine IP Waiver

    U.S. Trade Representative Katherine Tai defended her office's endorsement of a temporary waiver of intellectual property protections for COVID-19 vaccines Wednesday as skeptical senators expressed their discontent with the decision.

  • May 12, 2021

    2nd Circ. Won't Revive Suit Against Pfizer Over Lipitor

    The Second Circuit on Wednesday denied an appeal by patients alleging that Pfizer Inc.'s former cholesterol drug Lipitor gave them Type 2 diabetes, agreeing with the trial court's decision that their claims were either federally preempted or filed too late.

  • May 12, 2021

    Rosen Law Will Lead Walmart Investor Suit In Delaware

    The Rosen Law Firm PA has been appointed to lead a consolidated securities suit in Delaware federal court claiming Walmart misled investors about its part in the opioid epidemic, with Farnan LLP to serve as liaison counsel in the proposed class action.

  • May 12, 2021

    5 Firms Guide CD&R's £2.6B Bet On UDG

    Private equity firm Clayton Dubilier & Rice LLC said Wednesday it was buying health care advisory and pharmaceutical services business UDG for £2.6 billion (about $3.7 billion) in a deal led by five law firms including Clifford Chance and Freshfields.

  • May 12, 2021

    Purdue's Ch. 11 Confirmation Hearing Set For August

    A New York bankruptcy judge on Wednesday approved a motion setting an August date for Purdue Pharma's Chapter 11 plan confirmation hearing, assuming the drugmaker's plan disclosure statement is approved next week.

  • May 11, 2021

    Walmart Wants 5th Circ. To Revive Opioid Suit Against Feds

    Walmart Inc. has asked the Fifth Circuit to resurrect its lawsuit against the U.S. Department of Justice in which the retail giant sought a declaration that its prescription opioid sales are lawful, arguing that pre-enforcement review is a standard route for entities looking to clarify the scope of the law without waiting to be sued.

  • May 11, 2021

    Hartford Wants Out From Ill. Toxic Emissions Suit Coverage

    Hartford Fire Insurance Co. is suing medical supplier Medline Industries in Illinois federal court, arguing that it doesn't need to defend a putative class action alleging the supplier released a toxic chemical into the air in two cities north of Chicago.

  • May 11, 2021

    FDA Investigator Says Stem Cell Clinic Lacked Documentation

    A U.S. Food and Drug Administration investigator told a California federal judge Tuesday about deficiencies she noted at a clinic being sued by the government over experimental stem cell treatments, including a lack of central documentation on adverse events such as a patient suffering retinal detachment after receiving eye injections.

  • May 11, 2021

    Elizabeth Holmes' Mystique Unlikely To Survive Looming Trial

    Before Theranos founder Elizabeth Holmes and her ex-boyfriend were charged with deceiving investors and patients about their blood-testing technology's efficacy, the pair exchanged voluminous text messages that now threaten to provide jurors at Holmes' criminal trial this summer a rare window into her psyche.

  • May 11, 2021

    Senate Confirms Andrea Palm As HHS Deputy Secretary

    U.S. senators on Tuesday approved the confirmation of Andrea Palm to serve as deputy secretary for the U.S. Department of Health and Human Services.

  • May 11, 2021

    Tesaro Directors Slam 'Innuendo' In Del. Suit Over $5.1B Sale

    A class of Tesaro stockholders seeking damages for an allegedly underpriced $5.1 billion sale of the cancer drugmaker in 2018 came to Chancery Court with a suit "heavy on innuendo and speculation" but short of facts, an attorney for the company's board told a Delaware vice chancellor Tuesday.

  • May 11, 2021

    Fed. Circ. Backs Oxford Nanopore's DNA Tech IP Trial Victory

    The Federal Circuit on Tuesday upheld a jury verdict that DNA analysis patents Pacific Biosciences asserted against Oxford Nanopore Technologies Inc. are invalid for lack of enablement, rejecting PacBio's argument that Oxford used fearmongering over COVID-19 to pull off a win.

  • May 11, 2021

    Wife Cannot Sue Spouse's Co. Over Her COVID-19 Infection

    A California federal judge dismissed an amended suit brought by a spouse looking to hold her husband's employer responsible for her COVID-19 infection, finding that the state's workers' compensation law bars her argument and further noting that the employer's duty to provide a safe work environment does not extend to non-employees.

  • May 11, 2021

    3M's Expert Nixed From Earplug MDL Bellwether Case

    A Florida federal judge on Tuesday excluded opinions from one of 3M's expert witnesses in an upcoming bellwether trial over whether its combat arms CAEv2s earplugs were defective and caused damage to a veteran's hearing, saying the expert cannot base his opinion entirely on other experts' findings.

  • May 11, 2021

    Dem Commissioner Blasts 'Pro-Merger' Pharma Stance At FTC

    A Democratic member of the Federal Trade Commission skewered what he considers the agency's lax view toward confronting Big Pharma mergers to prevent possible antitrust violations, calling Tuesday for an aggressive new enforcement approach to the industry.

Expert Analysis

  • COVID IP Waiver Doesn't Resolve Vaccine Production Barriers

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    Given the lack of know-how and other legal and technical hurdles associated with producing COVID-19 vaccines in developing countries, and the potential harm to U.S. industry, the Biden administration's backing of a temporary waiver on intellectual property protections may be merely a gesture of goodwill, says William Bergmann at BakerHostetler.

  • Challenging Class Cert. When Plaintiffs Missed 'False' Ad

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    False advertising class action plaintiffs often target language from a defendant's marketing materials or product label — but a defendant may be able to challenge class certification with evidence that many class members did not see the statement in question, say Michael Schwartz and Maren Messing at Patterson Belknap.

  • Judge's Rebuke Of Mass. AG Has Lessons For All Attorneys

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    A Massachusetts federal judge’s recent rebuke of the state Attorney General’s Office for refusing to respond to discovery requests in Alliance for Automotive Innovation v. Healey highlights six important considerations for attorneys who want to avoid the dreaded benchslap, say Alison Eggers and Dallin Wilson at Seyfarth.  

  • Font Considerations To Give Your Legal Briefs An Edge

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    Following the D.C. Circuit’s recent notice discouraging use of the font Garamond in legal briefs, Jason Steed at Kilpatrick looks at typeface requirements and preferences in appellate courts across the country, and how practitioners can score a few extra brief-writing points with typography.

  • How Biden's First 100 Days Will Affect Gov't Contractors

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    Joseph Berger and Thomas Mason at Thompson Hine examine the significant opportunities for government contractors arising from actions during the first 100 days of the Biden administration, which set the stage for unprecedented investment in national infrastructure, domestic manufacturing, research and development, clean energy, pandemic response and economic recovery.

  • Opinion

    Justices Must Resolve Off-Label Drug Warning Predicament

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    The U.S. Supreme Court should hear Janssen Pharmaceuticals v. AY, and rule that drugmakers are not required to include off-label warnings, in order to protect companies from being held liable for failing to do what federal law prohibits, say Sheldon Bradshaw and Lisa Dwyer at King & Spalding.

  • Make Profitability Management Part Of Your Law Firm Culture

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    As the legal industry continues to change in the post-pandemic world, law firms should adapt to client demands by constantly measuring and managing the profitability of their services, says Joseph Altonji at LawVision.

  • Drafting Clearer Patent Claims After Fed. Circ. L'Oreal Ruling

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    The Federal Circuit recently employed a flexible standard for constructing Olaplex's hair care patent claims in a case against L'Oreal, but more precise claim drafting could have avoided altogether a problem with claims for component amounts in product formulations, says Philip Hamzik at Wolf Greenfield.

  • 4 Trends In Discoverability Of Litigation Funding Documents

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    Recent rulings shed light on how courts and international arbitration tribunals decide if litigation funding materials are discoverable and reaffirm best practices that attorneys should follow when communicating with funders, say Justin Maleson at Longford Capital and Michele Slachetka and Christian Plummer at Jenner & Block.

  • High Court's AMG Ruling Could Hinder FDA Enforcement

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    The U.S. Supreme Court's decision in AMG Capital v. Federal Trade Commission, limiting the agency's ability to seek equitable monetary relief under the FTC Act, will likely also restrain the U.S. Food and Drug Administration's authority under the Federal Food, Drug, and Cosmetic Act, due to similarities between the laws, say Joshua Oyster and Jenna McCarthy at Ropes & Gray.

  • Expect Increasing Scrutiny Of Wage-Fixing, No-Poach Deals

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    Employers can expect more actions against wage-fixing or no-poach agreements as the U.S. Department of Justice's Antitrust Division cracks down on labor market collusion, so companies should consider tailoring these agreements on their scope, duration and definition of nonsolicitation, say attorneys at Duane Morris.

  • W.Va. Consumer Law Changes Offer Help For Finance Cos.

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    New amendments to the West Virginia Consumer Credit and Protection Act will help businesses in the state, particularly in the financial services industry, by better defining the process for presuit notice and opportunity to cure, and by making it easier to recover attorney fees, say Andrew Narod and Jared Searls at Bradley Arant.

  • Opinion

    Keep Junk Science Away From Juries

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    Well-grounded scientific testimony in judicial proceedings has become more essential than ever, especially with large verdicts at stake in cases concerning hot-button issues like talc and climate change, so judges must act as gatekeepers to exclude unsound science from jury trials, says Lawrence Ebner at the Atlantic Legal Foundation.

  • Bio-Rad Ruling Highlights IP Assignment Clause Limits

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    The Federal Circuit's recent holding in Bio-Rad v. International Trade Commission, that an assignment clause wasn’t enough to claim patent ownership where the conception date followed former inventors’ employment, shows companies and workers the importance of specificity in drafting contractual limitations, say Bryan Vogel and Derrick Carman at Robins Kaplan.

  • Cannabis Legalization's Effects On Insurance Industry

    Excerpt from Practical Guidance
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    Resolution of the legal uncertainty presented by the dueling federal and state approaches to cannabis will pave the way for legal cannabis businesses to access the insurance protections the industry needs for everything from workers' compensation to auto insurance to general liability, says Christy Thiems at the American Property Casualty Insurance Association.

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