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Life Sciences
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July 08, 2025
Biosimilars Industry Group Backs Interchangeability Bill
The current law on how biosimilars are deemed interchangeable or not with their name-brand biologic equivalents has led to public confusion over how safe biosimilars are, a coalition of healthcare industry groups told lawmakers in a letter Monday.
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July 08, 2025
Anoxia Says Alembic's Blood Clot Catheter Infringes Patents
Anoxia Medical Inc. commenced a patent infringement suit in California federal court Monday against its competitor Alembic LLC, accusing Alembic of ripping off Anoxia's novel technology for its endovascular "Slinky®" catheter invention that efficiently removes blood clots from the human body.
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July 08, 2025
4th Circ. Revives Medical Device Co.'s Claim In Contract Suit
The Fourth Circuit on Tuesday revived a medical device maker's breach of contract claim alleging a company it hired to manage its patents globally overcharged for services, sending the case back to a Virginia federal court.
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July 08, 2025
Wash. Law Firm Settles Investors' Suit Over $1M Escrow Loss
A Washington-based law firm has settled a lawsuit in which investors accuse it of losing $1 million in escrow funds intended as a security deposit on a medical supplies purchase, the parties have informed a federal judge just weeks before the scheduled trial date.
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July 08, 2025
Masimo Criticizes Bid To DQ Quinn Emanuel In Payout Suit
Masimo Corp. is fighting a bid by its former CEO Joe Kiani to disqualify Quinn Emanuel Urquhart & Sullivan LLP from representing the medical technology company in Delaware Chancery Court litigation over Kiani's quest for a $450 million payout.
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July 08, 2025
Medical Co. Wants High Court To Review Rushed Patent Case
A medical device maker has asked the U.S. Supreme Court to hear it out on claims that a North Carolina federal judge rushed the case to trial and violated the Fifth Amendment right to due process by shortening the amount of time for discovery.
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July 08, 2025
Vaxart Investors Can Pursue Suit Over COVID Vax Claims
A California federal judge declined to grant an early win to the onetime controlling shareholder of Vaxart in an investor suit alleging it dumped stock at inflated prices following deceptive headlines about the biotechnology company's ability to produce a COVID-19 vaccine.
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July 08, 2025
High Court Allows Trump's Gov't Cuts And Restructuring
The U.S. Supreme Court on Tuesday ruled the Trump administration can move forward with its plans for large-scale layoffs and reorganizations at various federal departments and agencies, lifting a California federal judge's order that had paused the efforts while a legal challenge continues.
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July 07, 2025
Annoyed Fed. Circ. Judge Unsure Where To Land In Drug Row
An irascible Federal Circuit judge chewed out both sides of the aisle Monday morning during arguments over a generic endocrine disorder drug, and although she accused one attorney of "beating a straw man to death," the judge said she still wasn't sure how she would decide the appeal.
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July 07, 2025
Fed. Circ. Digs Into Domestic Industry For Apple Watch Appeal
A Federal Circuit panel on Monday struggled with how to meet domestic industry requirements needed for the U.S. International Trade Commission to issue import bans, as it evaluated the agency's high-profile decision to keep certain Apple Watches out of the U.S.
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July 07, 2025
Pregnant Doc, Medical Orgs. Sue To Block RFK's Vax Directive
A pregnant doctor who fears she will be denied a COVID-19 vaccination, along with a coalition of medical associations, sued Health and Human Services Secretary Robert F. Kennedy Jr. in Massachusetts federal court on Monday challenging his directive recommending against the shot for pregnant women and children.
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July 07, 2025
Fitch Even Fights Bid To Toss Prenatal Test Patent Suit
Fitch Even Tabin & Flannery LLP is urging an Illinois federal court not to toss its suit seeking a declaration that the co-founder of a former client isn't the inventor behind a prenatal test patent, contesting her argument that the firm lacks standing to sue.
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July 07, 2025
Calif. Fails To Pause 23andMe's Sale During Appeal
A Missouri bankruptcy judge on Monday refused California's request that genetic testing company 23andMe Holding Co.'s $305 million Chapter 11 sale be tabled while the Golden State seeks an appeal.
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July 07, 2025
Kirkland-Led Zenyth Partners Raises $375M For Latest Fund
Kirkland & Ellis LLP-advised private equity shop Zenyth Partners on Monday announced that it closed its second flagship fund after securing $375 million in capital commitments, which will be used to invest in healthcare services-focused companies.
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July 07, 2025
Ex-Leerink Banker Can't Get Redo On Unpaid Bonuses Claim
A Massachusetts federal judge declined on Monday to rethink partially tossing a former Leerink Partners employee's suit alleging she was cheated out of millions of dollars in bonuses, rejecting the worker's argument that new evidence should change the court's mind.
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July 07, 2025
USPTO Ups Number Of Prioritized Patent Applications
The U.S. Patent and Trademark Office is raising the number of applications it can accept each year for a prioritized patent examination to 20,000.
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July 07, 2025
P&G Beats False Ad Suit Over 'Pure Cotton' Tampax, For Good
The Procter & Gamble Co. permanently beat a proposed class action alleging that it omits the presence of organic fluorine in its Tampax products, after a California federal judge again rejected the plaintiff's testing method for detecting forever chemicals, ruling Monday that the latest iteration of the suit continued to rest on flawed testing.
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July 07, 2025
Catching Up With Delaware's Chancery Court
In Delaware in the past week, a vice chancellor awarded just $1 in damages to a China-tied company looking to secure a $50 million stake in SpaceX while also slamming the fund's manager for acting "insincerely," Tyson Foods won $55 million in damages in a suit claiming the owner of two poultry rendering plants Tyson acquired hid that it relied on a "disfavored" practice of recovering "unappetizing remnants of butchered chickens," and a suit over a one-site bank's 11-aircraft fleet was moved into the discovery phase.
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July 07, 2025
J&J Unit Looks To Wipe Out $442M Catheter Antitrust Loss
Johnson & Johnson health tech unit Biosense Webster has asked a California federal court to throw out Innovative Health's $442 million trial win in a case accusing Biosense of conditioning product support for its cardiac mapping systems on the purchase of cardiac catheters.
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July 03, 2025
Stewart Drops Mixed Bag Of Discretionary Denial Rulings
Acting U.S. Patent and Trademark Office Director Coke Morgan Stewart has released 24 more discretionary denial decisions, more than half of which she cleared challenges to move forward through the Patent Trial and Appeal Board process.
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July 03, 2025
Genentech's $122M MS Drug Royalties Case Ends In Mistrial
A California federal judge declared a mistrial Thursday after jurors reached an impasse in Genentech Inc.'s $122 million breach of contract case over patent royalties from sales of Biogen MA Inc.'s multiple sclerosis medicine, telling the parties she's open to Genentech's suggestion that they forgo a jury for the retrial.
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July 03, 2025
Implant Co. Sues Zimmer Biomet In Del. Over Milestone Miss
A securityholder representative for biomaterial implant developer Embody Inc. has accused Zimmer Biomet Holdings Inc. of buying Embody and then immediately undermining the new subsidiary's ability to hit product development milestones worth some $120 million, according to a recently unsealed complaint.
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July 03, 2025
Anthem Dodges Most Claims In Lab's $3.8M Insurance Suit
A federal judge has dismissed a lab's $3.8 million suit against Anthem Blue Cross Blue Shield of Connecticut over nearly 3,000 unpaid insurance claims related to medical testing, finding the majority were barred by anti-assignment provisions, ERISA preemption and contractual time limits.
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July 03, 2025
Circuit-By-Circuit Recap: Justices Send Message To Outliers
It was a tough term at the U.S. Supreme Court for two very different circuits — one solidly liberal, one solidly conservative — that had their rulings overturned in eye-popping numbers. But it was another impressive year for a relatively moderate circuit that appears increasingly simpatico with the high court.
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July 03, 2025
States Still Oppose Florida's Generic Drug Deal With Sandoz
States accusing generic-drug makers of fixing prices are continuing to object to a $10 million settlement struck between Florida and Sandoz, arguing that it limits their ability to negotiate deals while letting the Sunshine State benefit without participating in the litigation.
Expert Analysis
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8 Ways Lawyers Can Protect The Rule Of Law In Their Work
Whether they are concerned with judicial independence, regulatory predictability or client confidence, lawyers can take specific meaningful actions on their own when traditional structures are too slow or too compromised to respond, says Angeli Patel at the Berkeley Center of Law and Business.
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Is SEC Moving Away From Parallel Insider Trading Cases?
The U.S. Securities and Exchange Commission's apparent lack of follow-up in four recent criminal cases of insider trading brought by the Justice Department suggests the SEC may be reconsidering the expense and effort of bringing parallel civil charges for insider trading, say attorneys at Dentons.
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Rising Enforcement Stakes For Pharma Telehealth Platforms
Two pieces of legislation recently introduced in Congress could transform the structure and promotion of telehealth arrangements as legislators increasingly scrutinize direct-to-consumer advertising platforms, potentially paving the way for a new U.S. Food and Drug Administration policy with bipartisan support, say attorneys at Sheppard Mullin.
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Series
Law School's Missed Lessons: Communicating With Clients
Law school curricula often overlook client communication procedures, and those who actively teach this crucial facet of the practice can create exceptional client satisfaction and success, says Patrick Hanson at Wiggam Law.
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3 Judicial Approaches To Applying Loper Bright, 1 Year Later
In the year since the U.S. Supreme Court overturned Chevron deference in its Loper Bright Enterprises v. Raimondo decision, a few patterns have emerged in lower courts’ application of the precedent to determine whether agency actions are lawful, say attorneys at Husch Blackwell.
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Prepping For SEC's Changing Life Sciences Enforcement
By proactively addressing several risk areas, companies in the life sciences sector can position themselves to minimize potential exposure under the U.S. Securities and Exchange Commission's return to back-to-basics enforcement focused on insider trading and fraud, say attorneys at Morgan Lewis.
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Series
Adapting To Private Practice: From US Rep. To Boutique Firm
My transition from serving as a member of Congress to becoming a partner at a boutique firm has been remarkably smooth, in part because I never stopped exercising my legal muscles, maintained relationships with my former colleagues and set the right tone at the outset, says Mondaire Jones at Friedman Kaplan.
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How Providers Can Brace For Drug Pricing Policy Changes
Though it's uncertain which provisions of the Trump administration's executive order aimed at addressing prescription drug costs will eventually be implemented, stakeholders can reduce potential negative outcomes by understanding pathways that could be used to effectuate the order's directives, say attorneys at McDermott.
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Discretionary Denial Rulings May Spur Calls For PTAB Reform
The U.S. Patent and Trademark Office's recent decision in iRhythm Technologies v. Welch Allyn, denying inter partes review based on the patent owner's settled expectations that the patent would not be challenged, could motivate patent holders to seek Patent Trial and Appeal Board reform to preserve patent quality without burdening owners, say attorneys at Dechert.
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Comparing New Neural Data Privacy Laws In 4 States
Although no federal law yet addresses neural privacy comprehensively, the combined effect of recent state laws in Colorado, California, Montana and Connecticut is already shaping the regulatory future, but a multistate compliance strategy has quickly become a gating item for those experimenting with neuro-enabled workplace tools, says Kristen Mathews at Cooley.
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Spinoff Transaction Considerations For Biotech M&A
Amid current market challenges, boards and management teams of biotech companies can consider several strategies for maximizing value should a spinoff opportunity arise, but not without significant advance planning and careful implementation, particularly in cases that might qualify as tax-free, say attorneys at Paul Hastings.
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Opinion
Senate's 41% Litigation Finance Tax Would Hurt Legal System
The Senate’s latest version of the Big Beautiful Bill Act would impose a 41% tax on the litigation finance industry, but the tax is totally disconnected from the concerns it purports to address, and it would set the country back to a time when small plaintiffs had little recourse against big defendants, says Anthony Sebok at Cardozo School of Law.
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Psychedelic Treatment Regs May Be At A Tipping Point
Recent scientific and public attention suggest that development of psychedelics as treatment for some conditions may be at a tipping point, which could bring on more rapid change and opportunities for stakeholders who may in the future benefit from greater access to safe and effective psychedelic medicines, say attorneys at King & Spalding.
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Tips For Litigating Apex Doctrine Disputes Amid Controversy
Litigants once took for granted that deposition requests of high-ranking corporate officers required a greater showing of need than for lower-level witnesses, but the apex doctrine has proven controversial in recent years, and fights over such depositions will be won by creative lawyers adapting their arguments to this particular moment, say attorneys at Hangley Aronchick.
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Series
Performing As A Clown Makes Me A Better Lawyer
To say that being a clown in the Macy’s Thanksgiving Day Parade has changed my legal career would truly be an understatement — by creating an opening to converse on a unique topic, it has allowed me to connect with clients, counsel and even judges on a deeper level, says Charles Tatelbaum at Tripp Scott.