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Life Sciences
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July 15, 2025
PTAB Knocks Out Claims In 3 Nasal Airway Patents
The Patent Trial and Appeal Board has invalidated a host of claims across a trio of nasal airway treatment patents owned by Aerin Medical, agreeing with challenger Neurent Medical that the claims were obvious.
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July 14, 2025
DOJ Drops Vax Card Case Against Plastic Surgeon Mid-Trial
The Justice Department dismissed charges against a Utah plastic surgeon accused of leading a conspiracy to forge COVID-19 vaccination cards for over 1,500 people, ending the case less than a week after trial began in Salt Lake City federal court.
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July 14, 2025
USPTO Acting Director Spurns 'Traditional Knowledge' Treaty
The U.S. Patent and Trademark Office's acting director has come out against an international treaty that could require patent applicants to report if an invention uses the traditional knowledge of indigenous people, suggesting in remarks that such a rule would undermine the global patent system's effectiveness.
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July 14, 2025
Judge Says Med Device 401(k) Fee Suit Should Get A Trim
A Massachusetts federal magistrate judge recommended narrowing a proposed class action claiming a medical technology company saddled its retirement plan with excessive fees and abused forfeited funds, ruling the workers failed to show the business violated the plan's terms.
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July 14, 2025
Fed. Circ. Upholds PTAB Ax Of J&J Unit's Catheter Patent
The Federal Circuit on Monday upheld the Patent Trial and Appeal Board's invalidation of a Johnson & Johnson unit's patent on a device for clearing blocked arteries, saying an Abbott Laboratories unit's challenge was not improperly based on what the patent admitted was an earlier invention.
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July 14, 2025
2nd Circ. Affirms Biotech Founder's Win In Trading Suit
The Second Circuit on Monday affirmed an early win for the founder of biotech Y-mAbs Therapeutics Inc. in a suit alleging he realized more than $2.5 million in short-swing profits after he exchanged his shares for those of another company, agreeing with the lower court that the move didn't constitute a "purchase."
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July 14, 2025
Tevra Asks 9th Circ. To Revive Bayer Flea, Tick Meds Suit
Tevra Brands LLC called on the Ninth Circuit to order a new trial after it said a lower court made several errors that prevented it from showing a jury that Bayer HealthCare LLC used exclusive contracts to lock up the market for a flea and tick treatment for dogs and cats.
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July 14, 2025
J&J Unit Follows Fed. Circ. Win With Schizophrenia Drug Suits
Johnson & Johnson's Janssen subsidiaries have sued Sun Pharma for patent infringement in federal courts in New Jersey and Delaware over the generics maker's plans to market its versions of Janssen's Invega Sustenna drug last week, following Janssen beating a patent challenge for the schizophrenia drug in the Federal Circuit.
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July 14, 2025
Mich. Jury Sides With Red Cross In COVID Vax Refusal Suit
A Michigan federal jury on Monday found that a former American Red Cross nurse's request for an exemption from the organization's COVID-19 vaccine mandate wasn't based on a sincere religious belief that barred her from getting the injection, rejecting the worker's request for more than $6 million in damages for her firing.
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July 14, 2025
Masimo Corp. Settles Investor Suit Over Revenue Disclosures
Masimo Corp. has settled proposed class claims alleging the health technology firm misrepresented the company's finances and plans to investors, according to a filing in Southern California federal court.
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July 14, 2025
Aetna, CVS Can't Dodge $21M Payment Battle, Lab Says
A Pennsylvania-based medical laboratory has told a Connecticut federal court its lawsuit against Aetna and its owner, CVS Health Corp., sufficiently accused the companies of failing to pay $20.6 million in invoices.
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July 14, 2025
Kirkland, Wachtell Guide $17.5B Waters-BD Life Sciences Deal
Waters Corp. and Becton Dickinson and Co., or BD, said Monday they will combine BD's Biosciences and Diagnostic Solutions unit with Waters in a $17.5 billion deal using a Reverse Morris Trust structure, in a deal steered by Kirkland & Ellis LLP and Wachtell Lipton Rosen & Katz.
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July 11, 2025
DOJ Sends Warning In Gender Care Provider Subpoenas
The announcement of federal subpoenas targeting doctors who offer gender-affirming care signals an escalation in the Trump administration's campaign against such treatment, experts say, delivering a warning to healthcare providers.
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July 11, 2025
Catching Up On Stewart's Discretionary Denial Decisions
Acting U.S. Patent and Trademark Office Director Coke Morgan Stewart and a top administrative patent judge issued 15 discretionary denial decisions on Patent Trial and Appeal Board petitions over the past week, across nearly 40 cases. Here's what they decided.
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July 11, 2025
AbbVie Defeats Investor Class Suit Alleging Humira Kickbacks
AbbVie on Thursday defeated a certified securities class action that accused it of giving healthcare providers unlawful kickbacks in exchange for prescribing its flagship arthritis drug Humira when an Illinois federal judge ruled that AbbVie provided legitimate services that were "integrally tied" to the drug itself.
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July 11, 2025
Amgen Eyes New Trial After Regeneron's $407M Antitrust Win
Amgen urged a Delaware federal judge in documents made public Friday to overturn a nearly $407 million antitrust and tortious-interference verdict in favor of Regeneron, saying there was a serious lack of evidence shown to the jury.
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July 11, 2025
Courts Face Early Push To Expand Justices' Injunction Ruling
In the two weeks since the U.S. Supreme Court curtailed federal judges' ability to issue universal injunctions, Trump administration attorneys have begun pushing to expand the decision's limits to other forms of relief used in regulatory challenges and class actions. So far, judges don't appear receptive to those efforts.
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July 11, 2025
Success Tricking FDA Shouldn't Protect Merck, Justices Told
Physicians asked the U.S. Supreme Court to review a decision immunizing Merck & Co. from antitrust claims over submissions it made to federal regulators over its mumps vaccine, arguing the Third Circuit went far beyond its peers in holding that deceiving the government isn't illegal if the deception worked.
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July 11, 2025
Fed. Circ. Questions Patent Ownership After J&J's $20M Loss
The Federal Circuit appeared somewhat skeptical Friday that an orthopedic surgeon held onto the rights of knee replacement patents that he disputably assigned elsewhere, which would endanger the $20 million infringement verdict he won against a Johnson & Johnson unit.
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July 11, 2025
3rd Circ. Revives Benicar MDL Fees Suit Against NJ Law Firm
The Third Circuit on Friday revived a proposed class action against Mazie Slater Katz & Freeman LLC attorneys that claims they took excessive fees from plaintiffs' settlements in multidistrict litigation over the blood pressure drug Benicar, remanding the dispute for the district court to determine whether it has jurisdiction over the case.
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July 11, 2025
Fired Red Cross Vax Refuser Seeks $6M As Jury Trial Wraps
An attorney for a nurse fired from the American Red Cross after being denied religious accommodation from the COVID-19 vaccine mandate asked a Detroit federal jury Friday for more than $6 million in damages for what he said was the organization's disregard of the woman's beliefs.
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July 11, 2025
Court Says Olympic Runner Treated Unfairly In Testing Appeal
South African Olympic gold medal-winning runner Caster Semenya was deprived of her right to a fair hearing by a Swiss federal court when she appealed testosterone limits imposed on female athletes by track and field's international governing body, the European Court of Human Rights has ruled.
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July 11, 2025
The Biggest TM Rulings Of 2025: A Midyear Report
Justices overturned a trademark award of more than $40 million in a long-running case in which lower courts put a company's affiliates on the hook for the amount, and a pair of precedential decisions from the Federal Circuit provided guidance on whether colors can be protected trade dress. Here is Law360's list of the biggest trademark decisions so far this year.
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July 11, 2025
Merck's $10B Pulmonary Power Play Is Among Its Top 5 Deals
When Merck agreed to purchase respiratory disease-focused Verona Pharma PLC for $10 billion, it became one of Merck's largest deals ever, and the pharmaceutical giant made clear that its bet on a potentially transformative pulmonary therapy was much more than a speculative pipeline acquisition.
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July 11, 2025
MSN Beats Novartis' Patent Suit Over Entresto
A Delaware federal judge on Friday found that Novartis couldn't show that MSN Pharmaceuticals Inc. infringed a patent related to its blockbuster drug Entresto, the latest in the company's wide-ranging fight to keep a generic version of the product off the market.
Expert Analysis
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A Breakdown Of Trump's Order On Drug Pricing
The Trump administration may attempt to effectuate through rulemaking a recently issued executive order on lowering drug prices, which would likely have an adverse effect on stakeholders and trigger litigation, say attorneys at Debevoise.
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Cosmetic Co. Considerations As More States Target PFAS
In the first quarter of the year, seven states introduced or passed legislation focused on banning the sale of cosmetics that contain PFAS, making it necessary for businesses to adjust their product testing and supply chain practices, product formulations, marketing strategies, and more, say attorneys at Alston & Bird.
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Del. Bill Reflects Nat'l Tug-Of-War Between Cannabis, Alcohol
As Delaware's bill targeting hemp-derived THC beverages and ingestible products moves through the general assembly, it reads like a local regulatory fix — but in reality, it's a microcosm of a national power struggle playing out state-by-state across the cannabis frontier, says attorney Peter Murphy.
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$38M Law Firm Settlement Highlights 'Unworthy Client' Perils
A recent settlement of claims against law firm Eckert Seamans for allegedly abetting a Ponzi scheme underscores the continuing threat of clients who seek to exploit their lawyers in perpetrating fraud, and the critical importance of preemptive measures to avoid these clients, say attorneys at Lockton Companies.
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Maintaining Legal Compliance For GenAI In Life Sciences
As companies continue to implement generative artificial intelligence to enhance all phases of drug discovery, they must remain mindful of legal, regulatory and practical considerations as best practices in this space emerge and evolve, say attorneys at Sullivan & Cromwell.
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Trending At The PTAB: The Influence Of Litigation Arguments
Recent decisions from the Patent Trial and Appeal Board shed light on the varying extent to which the board considers patent owners' district court arguments, particularly with respect to the meaning of claim terms, say attorneys at Finnegan.
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Series
Teaching Business Law Makes Me A Better Lawyer
Teaching business law to college students has rekindled my sense of purpose as a lawyer — I am more mindful of the importance of the rule of law and the benefits of our common law system, which helps me maintain a clearer perspective on work, says David Feldman at Feldman Legal Advisors.
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Deregulation Memo Presents Risks, Opportunities For Cos.
A recent Trump administration memo providing direction to agencies tasked with rescinding regulations under an earlier executive order — without undergoing the typical notice-and-review process — will likely create much uncertainty for businesses, though they may be able to engage with agencies to shape the regulatory agenda, say attorneys at Blank Rome.
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Series
Law School's Missed Lessons: Mastering Discovery
The discovery process and the rules that govern it are often absent from law school curricula, but developing a solid grasp of the particulars can give any new attorney a leg up in their practice, says Jordan Davies at Knowles Gallant.
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Maneuvering The Weeds Of Cannabis Vertical Integration
The conversation around vertical integration has taken on new urgency as the cannabis market expands, despite federal reform remaining a distant dream, so the best strategy for cannabis operators is to approach vertical integration on a state-by-state basis, say attorneys at Sweetspot Brands.
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Opinion
The IRS Shouldn't Go To War Over Harvard's Tax Exemption
If the Internal Revenue Service revokes Harvard's tax-exempt status for violating established public policy — a position unsupported by currently available information — the precedent set by surviving the inevitable court challenge could undercut the autonomy and distinctiveness of the charitable sector, says Johnny Rex Buckles at Houston Law Center.
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Series
Playing Guitar Makes Me A Better Lawyer
Being a lawyer not only requires logic and hard work, but also belief, emotion, situational awareness and lots of natural energy — playing guitar enhances all of these qualities, increasing my capacity to do my best work, says Kosta Stojilkovic at Wilkinson Stekloff.
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Crisis Management Lessons From The Parenting Playbook
The parenting skills we use to help our kids through challenges — like rehearsing for stressful situations, modeling confidence and taking time to reset our emotions — can also teach us the fundamentals of leading clients through a corporate crisis, say Deborah Solmor at the Wisconsin Alumni Research Foundation and Cara Peterman at Alston & Bird.
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Justices' Labcorp Questions Explore Class Cert. Tensions
At the recent oral argument before the U.S. Supreme Court in Laboratory Corporation of America Holdings v. Davis, the justices' questioning highlighted a fundamental tension between constitutional standing requirements, the procedural framework of Rule 23, and the practical challenges of managing large, diverse classes in complex litigation, say attorneys at Winston & Strawn.
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4 Legislative Proposals Reflect Growing Scrutiny Of Pharma IP
Bipartisan legislative momentum in Congress, including a recent package of bills targeting exclusivity strategies that delay generic and biosimilar competition, signals growing scrutiny of life sciences intellectual property strategies, so biologics companies and investors must pay attention to new strategic, compliance and litigation risks, says Olga Berson at Thompson Coburn.