Life Sciences

  • February 21, 2020

    Fish & Richardson Names Biosimilars Litigator As New CEO

    Fish & Richardson PC principals have voted for John C. Adkisson to take over as the president and CEO of the nation's largest intellectual property firm, but that doesn’t mean he’s about to give up his biosimilar-focused patent litigation practice.

  • February 21, 2020

    Purdue Picks Ex-USDA Head As Monitor In Bankruptcy

    Purdue Pharma LP announced on Friday that it has tapped former U.S. Secretary of Agriculture Tom Vilsack to monitor compliance with an injunction in the OxyContin maker's ongoing Chapter 11 bankruptcy proceedings.

  • February 21, 2020

    Okla. Plans To Take Opioid Litigation To State Court

    Oklahoma Attorney General Mike Hunter on Friday voluntarily dismissed the state's suit against three opioid distributors for allegedly fueling the opioid crisis in the state, saying he planned instead to refile new lawsuits in state court against each company individually.

  • February 21, 2020

    Opioid Cos. Must Face Benefit Plans' Suit In MDL

    The Ohio federal judge overseeing the opioid multidistrict litigation allowed union benefit plans to go forward with their suit alleging that opioid companies created a public nuisance, finding that they claim injuries different from the harm to health and safety suffered by the general public.

  • February 21, 2020

    AstraZeneca Stuck With FCA Case Over Crestor Marketing

    A Delaware federal judge has refused to ax a False Claims Act suit accusing pharmaceutical giant AstraZeneca of fraudulently marketing its cholesterol-lowering drug Crestor, but agreed to toss one whistleblower from the case.

  • February 21, 2020

    Ad Watchdog Asks FTC To Review Co.'s CBD Health Claims

    The National Advertising Division has recommended that the Federal Trade Commission review a CBD company's claims that its dietary supplement helps treat cancer, Alzheimer’s disease and a host of other medical conditions, saying the company has not substantiated a range of claims about its CBD oil.

  • February 21, 2020

    NY Drug Biz Says Insurer Can't 'Flee' Coverage Of Legal Fees

    A New York drug distributor told a Rochester federal court that Hiscox Insurance Co. shouldn't be allowed to "flee from its coverage obligations" in a case seeking to force the insurer to advance costs for an upcoming trial over the drug distributor's alleged role in the opioid epidemic.

  • February 21, 2020

    Vape Group To Send FDA Deadline Challenge Row To 6th Circ.

    A vaping advocacy group plans to appeal to the Sixth Circuit the dismissal of its bid to postpone a court-mandated deadline for the U.S. Food and Drug Administration to begin enforcement action on e-cigarettes, bringing the vaping industry's row with the FDA to multiple appellate fronts.

  • February 21, 2020

    3rd Circ. Says J&J Must Face Walgreens, Kroger Antitrust Suit

    Walgreens and Kroger have earned another crack at proving Johnson & Johnson snuffed out competition for its arthritis treatment Remicade and hiked the drug’s price tag, as the Third Circuit disagreed with a lower court that a commercial contract barred the retailers’ federal antitrust claims.

  • February 21, 2020

    Melinta's Ch. 11 Plan Docs Approved With New Information

    Antibiotics maker Melinta Therapeutics Inc. received court approval Friday in Delaware for its Chapter 11 plan disclosure statement after the debtor agreed to add new information regarding its intent to substantively consolidate its estates for distribution purposes.

  • February 21, 2020

    Trump Heads To India With Tempered Trade Expectations

    President Donald Trump’s hopes of striking a breakthrough trade deal during his trip to India have faded and both governments are downplaying the possibility of any big announcements, leaving the future of the U.S.-India trade relationship on uncertain ground.

  • February 21, 2020

    NJ Justices Will Take On J&J's Insurance Premium Tax Battle

    The New Jersey Supreme Court agreed Friday to review an appeals court's ruling that Johnson & Johnson's state insurance premium tax obligation is limited to risks insured within the Garden State and not throughout the nation, a decision that revived the health care giant's bid for a $55 million refund.

  • February 21, 2020

    Teva Floated As Bellwether In Generic Drug Price-Fixing MDL

    A case brought by 44 state attorneys general against Teva Pharmaceuticals and several other drugmakers should be the bellwether for a massive multidistrict litigation over alleged conspiracies to fix the prices of generic drugs, according to a special master's report Thursday.

  • February 21, 2020

    SoClean Wants To Bar 'Knockoff' CPAP Cleaner From Expo

    A maker of CPAP cleaning machines wants to bar a rival from attending an industry trade show and marketing a competing device it claims is ripped off from its technology, according to a complaint filed Thursday in Massachusetts federal court.

  • February 21, 2020

    Feds Want 1st Circ. To Back Convictions Of Ex-NECC Execs

    Federal prosecutors are urging the First Circuit to reinstate the convictions of two former New England Compounding Center executives for defrauding the U.S. Food and Drug Administration, arguing the district court was wrong to find the convictions were legally impossible.

  • February 21, 2020

    Health Hires: Davis Wright, Skadden, Holland & Knight

    Davis Wright Tremaine LLP nabbed two health care partners from Nelson Hardiman, Skadden Arps Slate Meagher & Flom LLP hired a former senior attorney at the U.S. Food and Drug Administration, and Holland & Knight has added a trio of partners from McDermott Will & Emery LLP and Clark Hill PLC, headlining Law360's latest roundup of personnel moves in the health care and life sciences arena. 

  • February 20, 2020

    Apotex Suit Against Pfizer Unit Teed Up For State Court

    Apotex Corp. will get another chance to show that Hospira Inc. reneged on the pair’s exclusive drug supply agreement and instead formed a monopoly, as the New York federal judge who recently axed the bulk of Apotex’s allegations decided a state court should hear the remaining claims.

  • February 20, 2020

    Ferring Calls Ex-USPTO Chief's Testimony A 'Waste Of Time'

    Ferring Pharmaceuticals Inc. has asked a New York federal court to exclude the testimony of the former head of the U.S. Patent and Trademark Office, saying it would be a “waste of time” in a patent case involving medication meant to help regulate fluid balance in the body.

  • February 20, 2020

    Schemer Gets 6 Mos. For Playing PixarBio's Fraud 'Game'

    A judge sentenced a main player in PixarBio's fraud scheme to six months in prison on Thursday, saying the friend and former roommate of convicted company CEO Frank Reynolds thought their stock manipulation ploy was a mere "video game."

  • February 20, 2020

    1st Circ. Won't Nix Fraud Scheme Conviction Over Google Info

    The First Circuit on Thursday refused to overturn a doctor's conviction for scheming to bill Medicare and other health insurers for services never actually performed, rejecting his challenge of a lower court's denial of his bid to suppress data obtained through a 2014 warrant on Google.

  • February 20, 2020

    Alcon Can't Clear New Contact Lens Price-Fixing Claims

    A Florida judge refused to let Alcon escape antitrust claims that were added last year to multidistrict litigation over price-fixing, finding that the Swiss optics giant would have to face the newer accusation that it caused a discount lens reseller to lose sales and goodwill.

  • February 20, 2020

    Ex-Pfizer VP Owed No Warning On Pension Tax, Fidelity Says

    Fidelity did no wrong by not telling a former Pfizer executive he would owe taxes on a retirement payment he couldn’t roll over and should be dismissed from his suit claiming fiduciary duty breaches, Fidelity recently told a federal court.

  • February 20, 2020

    Leak Triggers Call For Sanctions In Priest's Short-Selling Suit

    Ligand Pharmaceuticals joined the U.S. Securities and Exchange Commission's call Wednesday to sanction a Greek Orthodox priest facing a short-selling suit for trying to “poison the well” with selective leaks to a Barron’s reporter of confidential documents.

  • February 20, 2020

    Rival Says Allergan Muscle Toner Not As Strong As Claimed

    The makers of the Emsculpt electric muscle toning device sued Allergan Inc. in Delaware federal court on Thursday, saying Allergan's claims that its competing device is 50% stronger than Emsculpt don't match up with its real performance.

  • February 20, 2020

    Patients Can't Revive RICO Claims Against Insulin Makers

    Diabetes patients fell short Thursday in their renewed bid to pursue Racketeer Influenced and Corrupt Organizations Act claims against Novo Nordisk, Sanofi-Aventis and Eli Lilly and Co. for allegedly causing them to overpay for insulin medication after a New Jersey federal judge said the consumers could not seek an injunction under the statute.

Expert Analysis

  • Pharma Ruling Broadens Gov't Drug Procurement Options

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    In Acetris Health v. U.S., the Federal Circuit's decision that a company sourcing active pharmaceutical ingredients from India could sell them to the U.S. government greatly expanded foreign-produced pharmaceutical products available for U.S. procurement, say attorneys at K&L Gates.

  • Rebuttal

    AI Can't Accurately Predict Case Length And Cost — Yet

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    A recent Law360 guest article argued that artificial intelligence can precisely estimate the length and cost of a new case, but several limitations will likely delay truly accurate predictions for years to come, says Andrew Russell at Shaw Keller.

  • FDA-FTC Biosimilar Push Clarifies Antitrust Stance

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    Recent collaboration between the U.S. Food and Drug Administration and Federal Trade Commission signals the FDA's commitment to addressing anti-competitive behavior in the biosimilar market, while recent draft guidance from the agency highlights considerations for companies developing promotional materials that involve reference products, say Kellie Combs and Deborah Cho of Ropes & Gray.

  • Prop 65 Chemical Labeling Litigation: Trends And Predictions

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    Product safety litigation brought under Proposition 65, California's chemical disclosure law, shows no signs of slowing down in the coming year — with short-form labels and manufacturers' responsibility for product warnings likely to be key areas of contention, says Anne Marie Ellis of Buchalter.

  • What Health Care FCA Trends Tell Us About The Year Ahead

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    The U.S. Department of Justice showed more initiative in directly bringing health care-related False Claims Act cases despite a decrease in qui tam filings last year, and as scrutiny of the industry continues to rise, several sectors deserve to be watched carefully this year, say attorneys at Epstein Becker.

  • Lawyers Can Build Trust Through The Spoken Word

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    As attorneys, we may prefer the precision of written communication, but a phone call or an in-person conversation builds trust by letting others see and hear our authentic selves, rather than something constructed or scripted, says mediator Sidney Kanazawa of ARC.

  • Fed. Circ. Instructive On Transitional Phrases In Patent Claims

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    Two recent Federal Circuit decisions construing Actavis' and Amgen's drug patent claims provide key guidance for practitioners on using transitional phrases to avoid rendering a claim indefinite or opening a it up to a prior art attack, say attorneys at Morgan Lewis.

  • Opinion

    Legal Prediction Is Demanding But Not Impossible

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    The New Jersey Supreme Court’s recent decision in Balducci v. Cige incorrectly concluded that predicting the length and cost of a case is nearly impossible, and overlooked artificial intelligence's ability to do so, says Joseph Avery with Claudius Legal Intelligence.

  • Trends In Recent FCPA And Cartel Cases Against Execs

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    The U.S. Department of Justice has taken more white collar cases against executives to trial this winter, focusing on Foreign Corrupt Practices Act and cartel allegations, and scoring noteworthy victories in a canned tuna price-fixing case and two rate-rigging cases, say attorneys at Miller & Chevalier.

  • Class Actions Are A Growing Risk For CBD Cos.

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    Warning letters issued by the U.S. Food and Drug Administration and the Federal Trade Commission have sparked a wave of class actions targeting CBD companies, which could reduce investment in the industry and lower the number of products in the marketplace, says Christopher Binns of Loeb & Loeb.

  • Coronavirus Drug Shows Global Hurdles To Patent Protection

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    Recent interplay between patent applications filed by multiple international organizations in connection with a drug treatment for the new coronavirus demonstrates how the requirements of differing jurisdictions can complicate efforts to obtain patent protection, say attorneys at Morris Manning.

  • States Lead The Way On Drug Pricing Reform

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    States have demonstrated strong initiative and creativity in targeting high drug costs, though constitutional and federal limits have impeded their reform efforts, say Deborah Gardner and Scott Falin of Ropes & Gray.

  • Fed. Circ. May Limit USPTO’s Standing To Intervene

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    The pending Federal Circuit cancer drug patent case Biogen v. Iancu could restrict the U.S. Patent and Trademark Office’s ability to intervene when a successful appellant does not participate, making this a less attractive strategy for petitioners looking to cut costs, says Michelle Divelbiss of Axinn.

  • How Cos. Can Prepare For Heartburn Drug Cancer Claims

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    As legal claims mount following the U.S. Food and Drug Administration's recent announcement that traces of a carcinogen were found in a common antacid medication, companies that act soon have the best chance to shape the arc of litigation, say Michael Tanenbaum and Kelly Belnick of Tanenbaum Keale.

  • The Implications Of USMCA For Biologic Innovation

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    Last-minute changes to certain exclusivity provisions in the U.S.-Mexico-Canada Agreement are likely to discourage pharmaceutical companies from undertaking the expensive clinical trials needed to discover new uses for biologic medicines, say Irena Royzman and Jennifer Liu at Kramer Levin.

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