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Life Sciences
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February 06, 2025
Harvard Biotech Patent Case Ends With Mid-Trial Deal
Harvard University and biotech developer 10x Genomics Inc. on Thursday reached a settlement agreement with rival developer Vizgen Inc. after three days of trial, ending a case over alleged infringement of tissue sample analyzation patents.
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February 05, 2025
Sterilization Co. Skimped On Pollution Controls, Residents Say
An attorney for four Colorado residents who claim emissions from a Terumo BCT Inc. medical sterilization facility caused their cancers told jurors at the start of a six-week trial Wednesday that the company cut corners and failed to implement known solutions to cut toxic emissions into the community.
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February 05, 2025
Colo. University Hit With Suit Over 'Culture Of Chauvinism'
A doctor and former genetics researcher at the University of Colorado sued the institution in Denver federal court on Tuesday alleging her supervisor created a "culture of chauvinism and misogyny" and that she was fired and badmouthed throughout the industry after complaining.
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February 05, 2025
Wachtell, Skadden Guide Becton's Bid To Sell Diagnostics Biz
Becton Dickinson and Co. has agreed to divest its biosciences and diagnostics unit in order to focus more resources on medical technology and maximize shareholder value, the company said on Wednesday.
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February 05, 2025
Dickinson Wright Continues IP Growth With Chicago Hire
Dickinson Wright PLLC said Wednesday that it had hired a named member of the small Illinois intellectual property firm formerly known as Bishop Diehl & Lee Ltd., marking the latest of the firm's many recent investments into the practice.
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February 05, 2025
Injectable Drug Device Maker West Pharma Secures Ban At ITC
The U.S. International Trade Commission has issued an order banning three companies from importing devices used to move injectable drugs into an IV bag that infringe a West Pharmaceutical patent.
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February 05, 2025
CVS Beats 2nd Investor Suit Over Omnicare Deal
A Rhode Island federal judge on Wednesday dismissed a second investor suit against CVS over its Omnicare acquisition in light of a 2022 First Circuit decision in a similar suit, saying the current action should be tossed because it suffers the same pleading fatalities as the case that went before the appeals court.
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February 05, 2025
6th Circ. Urged To Revive Allergy Co.'s Antitrust Claims
An allergy company tried Wednesday to persuade a noncommittal Sixth Circuit panel to revive an antitrust suit it brought against health insurance companies it says worked together to push it out of the market.
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February 05, 2025
Life Sciences Group Of The Year: Hogan Lovells
Hogan Lovells successfully defended Danco Laboratories LLC against an effort to revoke the U.S. Food and Drug Administration's approval of the abortion drug mifepristone and, across the globe, helped shepherd a collaboration between Merck & Co. and Japan's Daiichi Sankyo in a multibillion-dollar cancer therapy drug deal, landing the firm among the 2024 Law360 Life Sciences Groups of the Year.
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February 05, 2025
Activist Nominates 4 Director Candidates To Kenvue Board
Activist investor Starboard Value LP on Wednesday unveiled its slate of four director candidates to be nominated to consumer products company Kenvue Inc.'s board of directors, saying that significant changes to the board are necessary to ensure the company is managed and overseen in a manner consistent with the best interests of its shareholders.
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February 04, 2025
McKesson, Others Beat Indirect Drug Reseller Price-Fix Suit
A Pennsylvania federal judge permanently tossed antitrust claims from indirect generic-drug resellers who alleged distributors like McKesson Corp. and AmerisourceBergen colluded with manufacturers to fix prices of many medications, writing Monday the plaintiffs fail to show the existence of such an agreement between drugmakers and distributors.
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February 04, 2025
Judge Explains Biogen Class Cert. Ruling After 1st Circ. Order
A Massachusetts federal judge on Tuesday said he was reminded of a grade school lesson in long division as he explained his reasoning behind granting class certification and cutting short the class period in a suit against drugmaker Biogen Inc. on the orders of the First Circuit.
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February 04, 2025
Fed. Circ. Grapples With Extensions On Reissued Patents
The Federal Circuit is set to decide when a reissued patent actually expires after fielding arguments Tuesday morning from Merck and the generic-drug makers who are trying to break the pharmaceutical giant's hold on a blockbuster drug that counteracts the effects of anesthesia.
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February 04, 2025
Carcinogenic Risk Unknown When BI Owned Zantac, Jury Hears
Boehringer Ingelheim didn't test whether the active ingredient in its over-the-counter Zantac was degrading into a carcinogenic compound because those risks weren't known when the company owned the drug, Illinois jurors heard Tuesday.
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February 04, 2025
McKesson Paying $850M For Top Stake In Eye Health Co.
Irving, Texas, healthcare services company McKesson Corp. said Tuesday it had agreed to buy a controlling interest in PRISM Vision, an ophthalmology services provider, from private equity firm Quad-C for $850 million.
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February 04, 2025
'Sloppy' Work Hurts Lab's $20.6M Insurance Suit, Judge Says
A Connecticut federal judge said Tuesday that a contract lawsuit against insurer Aetna Inc. and its owner CVS Health Corp., seeking about $20.6 million in payment for laboratory services, seems to "suffer" from the fact that the plaintiff filed dozens of similar cases in short order.
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February 04, 2025
Docs Say DEA Didn't Put All Documents In Pot Hearing Record
A group of doctors who had petitioned to halt the Drug Enforcement Administration's hearings on whether to reschedule cannabis under the Controlled Substances Act are asking the D.C. Circuit to order the agency to add documents to the record that they say have been wrongly excluded.
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February 04, 2025
Doctors Org. Sues Over Health Agency Website Purges
An advocacy organization representing physicians sued the U.S. Office of Personnel Management in D.C. federal court Tuesday after it directed federal agencies to root out references to "gender ideology" on their websites — a move the physicians claim deprives doctors and researchers of needed information.
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February 04, 2025
Life Sciences Group Of The Year: Latham
Latham & Watkins LLP life sciences attorneys got Europe's highest court to scale back the European Commission's ability to oversee mergers, and advised Cerevel Therapeutics on its monumental $8.7 billion acquisition by AbbVie, earning it a spot among the 2024 Law360 Life Sciences Groups of the Year.
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February 04, 2025
Mintz Adds Dentons West Coast Corporate Head In San Diego
Mintz Levin Cohn Ferris Glovsky and Popeo PC continues growing its corporate team, announcing Monday it is bringing in a Dentons emerging companies and venture capital specialist as a member of its San Diego office.
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February 04, 2025
Javice's Texts About Elizabeth Holmes Not Fair Game For Trial
Frank founder Charlie Javice's sympathetic texts about healthcare-sector fraudster Elizabeth Holmes won't be seen by the jury hearing charges that the education startup executive faked data to dupe JPMorgan into a $175 million acquisition, a Manhattan federal judge said Tuesday.
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February 04, 2025
Party-Line Vote Sends Kennedy's HHS Nomination To Senate
Robert F. Kennedy Jr.'s nomination to be the nation's top healthcare official cleared a key confirmation hurdle on Tuesday, setting the stage for the anti-vaccine lawyer and activist to take the helm of the U.S. Department of Health and Human Services.
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February 03, 2025
6th Circ. Axes $650M Judgment Against CVS, Walgreens
The Sixth Circuit has vacated two Ohio counties' $650 million win against CVS Health, Walgreens and Walmart, an expected decision that comes after the Ohio Supreme Court found that the state's product liability law doesn't allow for public nuisance claims to be brought over the opioid crisis.
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February 03, 2025
Apple Seeks Bench Trial Win In Masimo's Trade Secret Suit
Apple Inc. urged a California federal judge Monday to issue a bench trial ruling that it didn't steal Masimo Corp.'s pulse oximetry technology for its smartwatches, arguing no actual trade secrets were at issue and that it used its own independently developed innovations to create the blockbuster product.
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February 03, 2025
DOJ Poised To Prosecute Threat-Makers Against DOGE
A federal prosecutor appointed by President Donald Trump offered Elon Musk his office's support to "protect" the work of the newly created Department of Government Efficiency headed by the billionaire businessman, including "legal action against anyone who impedes your work or threatens your people."
Expert Analysis
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2025 May Be A Breakout Year For The Cannabis Industry
The cannabis industry faced a slow and frustrating 2024, but consumer trends continue to shift in favor of cannabis, and the new administration may provide the catalyst that the industry needs, says Lynn Gefen at TerrAscend.
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FDA's Red No. 3 Ban Reshapes Food Safety Legal Landscape
The U.S. Food and Drug Administration's recent ban on Red No. 3 represents more than the end of a controversial dye — it signals a shift in regulatory priorities, consumer expectations, intellectual property strategy, compliance considerations and litigation risk, says Dino Haloulos at Foley Mansfield.
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Scope And Nature Of Judicial Relief Will Affect Loper's Impact
The practical result of post-Loper Bright rulings against regulatory actions will depend on the relief courts grant — and there has been controversy in these types of cases over whether the ruling is applied just to the parties or nationwide, and whether the action can be left in place while it's corrected, says Steven Gordon at Holland & Knight.
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The Implications Of E-Cigarette Cos. Taking Suits To 5th Circ.
The U.S. Supreme Court recently heard oral arguments in U.S. Food and Drug Administration v. R.J. Reynolds over the definition of an "adversely affected" person under the Tobacco Control Act, and the justices' ruling will have important and potentially wide-ranging implications for forum shopping claims, says Trillium Chang at Zuckerman Spaeder.
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Series
Adventure Photography Makes Me A Better Lawyer
Photographing nature everywhere from Siberia to Cuba and Iceland to Rwanda provides me with a constant reminder to refresh, refocus and rethink the legal issues that my clients face, says Richard Birmingham at Davis Wright.
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What Vinyl Acetate's Prop 65 Listing Means For Cos.
California's recent move to add vinyl acetate to the Proposition 65 list of carcinogens, with enforcement starting later this year, will have sweeping compliance and risk implications for businesses in the retail, food and beverage, paint, adhesive, industrial manufacturing, and personal care product industries, say attorneys at Alston & Bird.
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Fed. Circ. Inherency Ruling Refines Obviousness Framework
The Federal Circuit's December decision in Cytiva v. JSR has definitively eliminated the requirement of "reasonable expectation of success" analysis for inherent properties in obviousness determinations, while providing some key clarifications for patent practitioners, says Lawrence Kass at Steptoe.
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Navigating The Potential End Of GLP-1 Drug Shortages
The U.S. Food and Drug Administration's determination of whether GLP-1 products are in shortage may affect how compounders provide these products and spur a range of litigation including patent disputes and unfair competition suits, say attorneys at Goodwin.
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High Court Could Further Limit Deference With TCPA Fax Case
The Supreme Court's decision to hear McLaughlin Chiropractic Associates v. McKesson, a case involving alleged junk faxes that centers whether district courts are bound by Federal Communications Commission rules, offers the court a chance to possibly further limit the judicial deference afforded to federal agency interpretations of statutes, says Samantha Duke at Rumberger Kirk.
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5 Ways To Create Effective Mock Assignments For Associates
In order to effectively develop associates’ critical thinking skills, firms should design mock assignments that contain a few key ingredients, from messy fact patterns to actionable feedback, says Abdi Shayesteh at AltaClaro.
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Calif. Cannabis Decision Deepens Commerce Clause Divide
In Peridot Tree v. Sacramento, the Eastern District of California joined a growing minority of courts that have found the dormant commerce clause inapplicable to state-regulated marijuana, and the Ninth Circuit will soon provide important guidance on this issue, say attorneys at Perkins Coie.
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Opinion
IVF Suits Highlight Need For Better Legal Frameworks
The high number of in vitro fertilization embryo losses underscores the need for more cohesive legal and regulatory guidance related to human errors, property versus personhood, and liability, says Jeff Korek at Gersowitz Libo.
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Recent Suits Show Antitrust Agencies' Focus On HSR Review
The U.S. Department of Justice's suit this month against KKR for inaccurate and incomplete premerger filings, along with other recent cases, highlights the agency's increasing scrutiny of Hart-Scott-Rodino Act compliance for private equity firms, say attorneys at Willkie.
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The 7th Circ.'s Top 10 Civil Opinions Of 2024
Attorneys at Jenner & Block examine the most significant decisions issued by the Seventh Circuit in 2024, and explain how they may affect issues related to mass arbitration, consumer fraud, class certification and more.
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Royal Canin Ruling Won't Transform Removal Jurisdiction
The U.S. Supreme Court's ruling in Royal Canin USA v. Wullschleger means that federal district courts must now remand whenever an amended complaint excises grounds for federal jurisdiction — but given existing litigation strategy and case law trends, this may ultimately preserve, rather than alter, the status quo, say attorneys at Norton Rose.