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Life Sciences
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June 30, 2025
Justices Won't Eye Claim Fed. Circ. Revived Waived Argument
The U.S. Supreme Court on Monday turned down an appeal from a doctor who argued that the Federal Circuit wrongly upheld the rejection of his application for a patent on a COVID-19 treatment by reviving arguments that he claimed the patent office had waived.
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June 27, 2025
Biogen, Genentech May Stay Mum On Damages At Trial
A California federal judge Friday discouraged Biogen and Genentech from discussing the "magnitude of the money at issue" during their upcoming breach of contract trial over alleged patent royalties due from sales of Biogen's multiple sclerosis medicine, noting that most of the jurors are "not of significant means."
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June 27, 2025
Sarepta Faces Investor Suit Over Gene Therapy-Linked Deaths
Biopharmaceutical company Sarepta Therapeutics Inc. is facing a proposed investor class action after the deaths of two patients being treated with one of its therapies prompted regulatory scrutiny, with investors claiming the company failed to disclose the drug's risks.
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June 27, 2025
Feds Prevail Over J&J In Another 340B Rebate Dispute
A D.C. federal judge granted a summary judgment win Friday to the U.S. Health Resources and Services Administration over Johnson & Johnson, finding the agency acted within its discretion when it rejected the company's program to offer rebates instead of discounts in a decades-old drug pricing program.
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June 27, 2025
After Dobbs, States Become Battleground For Abortion Rights
Three years ago, when the U.S. Supreme Court overturned the precedent set by Roe v. Wade, it did more than end nearly five decades of federal constitutional protection for abortion; it also fractured the legal landscape of reproductive rights, shifting the authority to regulate the procedure to individual states, and leading to legal uncertainty for courts, physicians and patients.
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June 27, 2025
Full 5th Circ. To Hear Planned Parenthood Atty Immunity Row
The full Fifth Circuit will rehear a panel's decision concluding that Planned Parenthood is entitled to attorney immunity in a whistleblower suit accusing the organization of improperly billing Medicaid programs.
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June 27, 2025
Rite Aid Picks $19.2M Bid For Thrifty Ice Cream In Ch. 11
Drugstore chain Rite Aid said it has reached a deal to sell its Thrifty Ice Cream brand to an entity tied to the chief executive of Monster Beverage Corp. for $19.2 million during its Chapter 11 case.
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June 27, 2025
Virginia Medical Lab Denied Sales Tax Break For Reagents
An operator of medical diagnostic laboratories in Virginia was correctly denied a refund of sales and use taxes on its purchases of reagents used for analysis of blood and urine samples, the Virginia Tax Commissioner said.
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June 27, 2025
Taxation With Representation: Weil, Freshfields, Sidley Austin
In this week's Taxation With Representation, Spectris backs a takeover offer from Advent, C&S Wholesale Grocers acquires SpartanNash, NBA team owners approve the sale of the Minnesota Timberwolves and Lynx to a consortium led by former limited partners Marc Lore and Alex Rodriguez, and Illumina Inc. acquires SomaLogic from Standard BioTools.
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June 27, 2025
NC Biz Court Bulletin: Last-Minute Settlements Head Off Trials
Untouched by the summer slump, the North Carolina Business Court kicked off June with a sanctions order against a biogas company caught spurning court orders and a new complaint by a former NFL player accusing his longtime financial adviser of defrauding him for decades.
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June 26, 2025
Bayer Investors' $38M Settlement Over Monsanto Deal OK'd
A California federal judge on Thursday preliminarily approved Bayer AG's $38 million settlement with investors who accused the German multinational of downplaying litigation risks related to the weedkiller Roundup when it acquired Monsanto in 2018, saying the deal appeared to be "fair, reasonable and adequate."
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June 26, 2025
Kirkland Stops Repping Novartis After Regeneron Sought DQ
A New York federal judge accepted the withdrawal Thursday of the entire Kirkland & Ellis LLP team that recently joined Novartis Pharma's legal team battling antitrust allegations over the eye medication Eylea, just a week after plaintiff Regeneron Pharmaceuticals sought their disqualification over an "unthinkable" conflict of interest by the lawyers, whose firm previously represented Regeneron.
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June 26, 2025
Hims & Hers Face Investor Suits Over Wegovy Collab
Telehealth company Hims & Hers Health Inc. has been hit with investors' proposed class actions accusing it of exploiting its partnership with Novo Nordisk, the distributor of weight loss drug Wegovy, to sell "knockoff" drugs, causing Hims shares to fall 35% when Novo Nordisk announced earlier this week the collaboration had been terminated.
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June 26, 2025
Biotech Co. Must Face Investor Suit Over Misleading Claims
Biotech company CytoDyn and its former executives and directors cannot escape a suit accusing them of misleading shareholders about the likelihood that the U.S. Food and Drug Administration would approve its drug the company claimed had the potential to treat HIV and COVID-19.
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June 26, 2025
6th Circ. Backs Mich. Newborn Blood Testing Program
A Sixth Circuit panel reversed a win for a group of parents challenging a Michigan newborn health screening program, finding that the way blood samples are stored and used in the program does not violate the parents' right to make medical decisions for their children.
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June 26, 2025
Kimberly-Clark Inks $4.15M Deal In Gown Fraud Suit
Kimberly-Clark Corp. has agreed to pay $4.15 million to settle a suit brought by a doctor on behalf of the federal government alleging it violated the False Claims Act by falsely claiming its surgical gowns protected against contagious diseases.
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June 26, 2025
Judge Casts Doubt On Plea Deals In Blood Test Defect Case
A set of plea agreements between Massachusetts federal prosecutors and former Magellan Diagnostics executives has been thrown into uncertainty amid a dispute over whether the executives admitted to fraud related to defective blood tests or merely an intent to mislead, a question a judge said Thursday might be "a very expensive rabbit hole."
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June 26, 2025
Judge Tosses Biogen MS Drug Antitrust Suit, For Now
An Illinois federal court tossed a proposed class action accusing Biogen of reducing competition for its multiple sclerosis drug Tecfidera through payments to pharmacy benefit managers, after finding that only some drug pricing lists would have been affected.
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June 26, 2025
Ex-FDA Regulator Joins ArentFox Schiff's Pharma Practice
ArentFox Schiff LLP has hired a career U.S. Food and Drug Administration compliance professional, whose oversight focused on ensuring pharmaceutical industry participants' compliance with drug supply chain rules and other governing regulations, as counsel in the firm's food, drug, medical device and cosmetic practice in Washington.
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June 25, 2025
Stewart, APJ Leader Discretionarily Deny 33 More Petitions
The acting U.S. Patent and Trademark Office director rejected 21 petitions for Patent Trial and Appeal Board reviews on Wednesday, and the board's acting deputy chief judge denied another 12 where the acting director recused herself for the first time.
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June 25, 2025
TCPA Litigants Brace For 'Seismic Shift' After Deference Blow
The U.S. Supreme Court's backing of broad judicial review for the crush of regulatory orders interpreting the Telephone Consumer Protection Act is poised to turn the litigation landscape on its head, as key statutory determinations that have long been viewed as settled matters are suddenly ripe for scrutiny.
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June 25, 2025
SEC Wins Jury Verdict In $10M Blood Bank Fraud Suit
A California federal jury has found the former CEO of a blood bank business liable for securities fraud, agreeing with the U.S. Securities and Exchange Commission that the executive defrauded retirees out of more than $10 million by promising them returns he knew he could not deliver.
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June 25, 2025
Cigna Says Bristol-Myers Delayed Cancer Drug Generic
Cigna has launched an antitrust suit in New York federal court accusing Bristol-Myers Squibb Co. and its Celgene subsidiary of fraudulently obtaining patents, filing sham litigation and paying off generic-drug makers to maintain a monopoly on their blockbuster blood-cancer drug Pomalyst.
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June 25, 2025
Anti-Aging Biotech Startup Minovia Inks $180M SPAC Merger
Minovia Therapeutics Ltd., an Israeli startup developing treatments for age-related decline, plans to go public in the U.S. at a $180 million valuation by merging with special purpose acquisition company Launch One Acquisition Corp., both parties announced Wednesday.
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June 25, 2025
Fed. Circ. Won't Revive Inventor's Patent Suit Against Google
The Federal Circuit on Wednesday denied a bid to revive a patent infringement case from a man who says Google's products use aspects of his threat-detection technology.
Expert Analysis
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CMS Guidance May Complicate Drug Pricing, Trigger Lawsuits
Recent draft guidance from the Centers for Medicare & Medicaid Services proposes to expand the scope of what counts as the same qualifying single-source drug, which would significantly alter the timeline for modified drugs facing price controls and would likely draw legal challenges from innovator drug companies, say attorneys at Debevoise.
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Strategies For Litigating In The Unified Patent Court
Since opening its gates two years ago, the European Unified Patent Court has transformed the patent litigation landscape and global litigation strategies, but parties seeking to take advantage of the court's robust processes must be prepared for the front-loaded character of UPC proceedings, say attorneys at McDermott.
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Series
Running Marathons Makes Me A Better Lawyer
After almost five years of running marathons, I’ve learned that both the race itself and the training process sharpen skills that directly translate to the practice of law, including discipline, dedication, endurance, problem-solving and mental toughness, says Lauren Meadows at Swift Currie.
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Series
Law School's Missed Lessons: Supporting A Trial Team
While students often practice as lead trial attorneys in law school, such an opportunity likely won’t arise until a few years into practice, so junior associates should focus on honing skills that are essential to supporting a trial team, including organization, adaptability and humility, says Lucy Zelina at Tucker Ellis.
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Compliance Essentials To Mitigate AI Crime Enforcement Risk
As artificial intelligence systems move closer to accurately mimicking human decision-making, companies must understand how the U.S. Department of Justice might prosecute them for crimes committed by AI tools — and how to mitigate enforcement risks, say attorneys at Paul Hastings.
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Series
Adapting To Private Practice: From US Attorney To BigLaw
When I transitioned to private practice after government service — most recently as the U.S. attorney for the Eastern District of Virginia — I learned there are more similarities between the two jobs than many realize, with both disciplines requiring resourcefulness, zealous advocacy and foresight, says Zach Terwilliger at V&E.
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Most-Favored Nation Drug Pricing Could Shake Up US Pharma
Recent moves from the executive and legislative branches represent a serious attempt to revive and refine the first Trump administration's most-favored-nations model for drug pricing, though implementation could bring unintended consequences for pharmaceutical manufacturers and will likely draw significant legal opposition, say attorneys at Morgan Lewis.
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The Ins And Outs Of Consensual Judicial References
As parties consider the possibility of judicial reference to resolve complex disputes, it is critical to understand how the process works, why it's gaining traction, and why carefully crafted agreements make all the difference, say attorneys at Pillsbury.
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Opinion
Congress Must Restore IP Protection To Drive US Innovation
Congress should pass the RESTORE Patent Rights Act to enforce patent holders' exclusive rights and encourage American innovation, and undo the decades of patent rights erosion caused by the U.S. Supreme Court's 2006 decision in eBay v. MercExchange, says former Chief U.S. Circuit Judge Paul Michel.
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How Focus On Menopause Care Is Fueling Innovation, Access
Recent legislative developments concerning the growing field of menopause care are creating opportunities for increased investment and innovation in the space as they increase access to education and coverage, say attorneys at Kirkland.
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Opinion
The BigLaw Settlements Are About Risk, Not Profit
The nine Am Law 100 firms that settled with the Trump administration likely did so because of the personal risk faced by equity partners in today's billion‑dollar national practices, enabled by an ethics rule primed for modernization, says Adam Forest at Scale.
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Neb.'s Cannabis Regulatory Void Poses Operational Risks
With the Nebraska Legislature recently declining to advance any cannabis legislation, leaving the state without a regulatory framework for voter-passed initiatives, the risks of operating without clear rules will likely affect patients, providers and caregivers, says John Cartier at Omnus Law.
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Opinion
Courts Must Revitalize Robust Claim Construction
Two Federal Circuit decisions from earlier this year illustrate the rarity of robust claim construction and the underused reverse doctrine of equivalents — a dual problem that prevents courts from clearly delineating and correctly cabining the scope of rights conferred by patent claims, say attorneys at Klarquist Sparkman.
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What Gene Findings Mean For Asbestos Mesothelioma Claims
Recent advances in genetic research have provided substantial evidence that significant numbers of malignant mesothelioma cases may be caused by inherited mutations rather than asbestos exposure — a finding that could fundamentally change how defendants approach personal injury litigation over mesothelioma, say David Schwartz at Lumanity and Kirk Hartley at LSP Group.
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Series
Brazilian Jiujitsu Makes Me A Better Lawyer
Competing in Brazilian jiujitsu – often against opponents who are much larger and younger than me – has allowed me to develop a handful of useful skills that foster the resilience and adaptability necessary for a successful legal career, says Tina Dorr of Barnes & Thornburg.