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Life Sciences
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October 29, 2024
Beyond Abortion, 7 Ballot Questions Set To Shape Care
While reproductive rights have led the healthcare debate this election season, voters across the country will shape state policies on a number of other hot issues, including a Medicaid work requirement and coverage for IVF. Law360 Healthcare Authority looks at seven ballot measures that go beyond abortion.
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October 29, 2024
Allergan, Mankind Settle IP Fight Over Lumigan Generic
Allergan Inc. and Mankind Pharma Ltd. asked a Delaware federal court Tuesday to dismiss infringement litigation over Mankind's proposed generic of Allergan's glaucoma drug Lumigan, stipulating that the patent is valid and has been infringed.
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October 29, 2024
Purdue Creditors Can Sue Sacklers For $11.5B
Creditors of bankrupt OxyContin maker Purdue Pharma LP will get the right to sue the company's owners — certain members of the Sackler family — and others for $11.5 billion, should they choose to do so, a New York judge said on Tuesday.
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October 29, 2024
Pa. DA Says ATF's Pot Patients Ban Doesn't Fit With Bruen
A Pennsylvania district attorney is urging a federal judge not to throw out his suit challenging a Bureau of Alcohol, Tobacco, Firearms and Explosives policy blocking medical cannabis patients from buying or owning firearms, saying the U.S. Supreme Court's recent precedent preempts the restriction.
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October 29, 2024
Senate Panel Targets 'Clever' Pharma Pricing
The Senate Judiciary Committee on Tuesday railed against drugmakers and pharmacy benefit managers for allegedly causing the high cost of prescription drugs, arguing that "Big Pharma" has used anticompetitive tactics through patenting to fleece American patients.
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October 29, 2024
Circuit Judge Rips Atty's 'Unearned Windfall' In Liability Case
Although the Sixth Circuit has affirmed a decision awarding roughly $353,000 to a Texas attorney in a decadelong fee dispute over his representation of a client in a product liability case, one circuit judge expressed "extreme disapproval" over the lawyer's conduct in the matter.
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October 29, 2024
Crescent Inks Oncology Merger With $200M In Private Funding
Crescent Biopharma Inc. has agreed to take fellow cancer-focused biotech GlycoMimetics Inc. private in a deal that includes $200 million of investments from well over a dozen firms to help fund the combined company's operations through 2027, GlycoMimetics revealed Tuesday.
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October 29, 2024
PE-Owned Implant Maker Plagued By Lawsuits Hits Ch. 11
Joint implant maker Exactech Inc. on Tuesday filed for Chapter 11 protection in Delaware bankruptcy court with an offer from its lenders to take over the company, as a wave of lawsuits tied to product recalls weighs on the private equity-owned firm.
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October 28, 2024
Masimo Sues Founder Over Alleged 'Empty Voting' Scheme
Masimo Corp. has sued its founder for allegedly conspiring with an investment firm and company stockholder to manipulate a shareholder vote in order to maintain his seat on the medical technology company's board of directors.
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October 28, 2024
Sterigenics Says Residents Can't Tie Harms To Ethylene Oxide
Medical sterilization company Sterigenics US LLC and its parent, Sotera Health LLC, are asking a Georgia state judge to exclude expert testimony put forward by Peach State residents alleging their ethylene oxide emissions harmed them, and to dismiss the residents' claims against them.
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October 28, 2024
Flint Bellwether Delayed On Eve Of Trial, Again
A Michigan federal judge delayed Monday a bellwether trial set to determine if a water engineering firm was professionally negligent for its role in the Flint water crisis one day before jury selection was scheduled to begin and without explanation.
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October 28, 2024
Judge Leaves Patent Case After Fed. Circ. Undoes Ruling
A Minnesota federal judge has recused himself from a patent dispute between Teleflex and Medtronic he has handled since 2019, saying he was "at a loss" on how to proceed after the Federal Circuit faulted his interpretation of terms in Teleflex's catheter patents.
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October 28, 2024
Judge Tosses Hearing-Loss MDL Bellwether With Voided Law
Horizon Pharmaceuticals Inc. on Monday was able to remove one of the 12 cases selected as bellwethers in multidistrict litigation over claims that its thyroid eye disease treatment causes hearing loss, relying on a repealed Michigan law to create a dismissal-worthy conflict.
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October 28, 2024
Moderna Brass Hit With Investor Suit Over RSV Shot Claims
Officers and directors of Moderna face shareholder derivative allegations that they overstated how effective the company's RSV vaccine candidate was as the pharmaceutical giant sought regulatory permission to expedite its development.
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October 28, 2024
Pfizer Urges Court Not To Ax Delay Defense In Vax IP Fight
Pfizer and BioNTech have urged a Delaware federal judge to reject GlaxoSmithKline's attempt to toss claims that the COVID-19 vaccine technology patents GSK is accusing them of infringing are unenforceable because of an unreasonable delay in obtaining them.
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October 28, 2024
Mass. Court's Wiretap Ruling May Be Bad Omen For Plaintiffs
A ruling by the Massachusetts high court rejecting wiretap claims over website operators' use of tracking software like Meta Pixel and Google Analytics shows the steep climb plaintiffs may continue to face as they try to apply older laws to modern technologies, experts told Law360.
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October 28, 2024
AbbVie Paying $1.4B For Alzheimer's-Focused Biotech
AbbVie said Monday it will acquire Aliada Therapeutics, a biotechnology company working on therapies to treat central nervous system diseases including Alzheimer's disease, for $1.4 billion in cash.
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October 28, 2024
Medical Laser Co. Seeks Multiplier For Rival's 'Deceitful' Raid
A medical laser company has asked a Boston federal judge to double or triple its $25 million verdict against a rival firm — and tack on attorney fees and $6.8 million in interest — for a "calculated and deceitful corporate raid" on its sales workforce.
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October 28, 2024
Crown Settles Customer Dispute To Close $924M Revance Buy
Revance Therapeutics has settled a distribution-related dispute with customer Teoxane SA, potentially clearing the path for its planned $924 million acquisition by skincare company Crown Laboratories.
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October 25, 2024
Inari Wins Bid To Kill Plant Gene Patent At PTAB
A Massachusetts-based plant breeding startup was able to show that a patent owned by a unit of a DowDuPont spin-off covering a plant gene resistant to weed killers wasn't patentable, the Patent Trial and Appeal Board has found.
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October 25, 2024
Vidal Warned Of 'Heightened' Burden, 'Loophole' In Seed Fight
Two new petitions in front of the U.S. Patent and Trademark Office director say the patent administrative board created "a heightened new standard" in one instance and a trade secrets "loophole" in another in order to protect patents covering purportedly novel corn seeds developed by a unit of DowDuPont spin-off Corteva.
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October 25, 2024
NJ Ethics Board Faces Contempt Bid In Retaliation Fight
Counsel for a New Jersey health official who claimed his firing during the COVID-19 pandemic was retaliatory asked a court to hold the State Ethics Commission in contempt for stalling discovery under the guise that the state health regulator initiated the termination, despite "well documented" evidence that it was the commission and Gov. Phil Murphy.
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October 25, 2024
Feds Seek 6½ Years For Ex-Takeda Worker Over Invoice Fraud
Federal prosecutors in Boston want a former senior Takeda Pharmaceutical Co. employee jailed for 6½ years for the complex scam she pulled off with her boyfriend that raked in millions of dollars through fake invoices, according to a Friday filing.
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October 25, 2024
High Court Bar's Future: Mitchell Law's Jonathan F. Mitchell
The pantheon of U.S. solicitors general doesn't include many lawyers who've openly challenged the U.S. Supreme Court's authority or sought to undermine its landmark precedents. But there aren't many lawyers like Jonathan F. Mitchell, a crusading conservative who rescued former President Donald Trump's reelection run — and in the process positioned himself to become the government's top oral advocate.
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October 25, 2024
Pharmacy Must Pay $39.2M In Conn. Kickback Case
A defunct compounding pharmacy must pay $39.2 million in damages and penalties for its role in a kickback scheme that made illegal payments to Connecticut state employees and retirees, a state court judge ruled Friday while letting the company's proprietor off the hook.
Expert Analysis
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Strategies To Avoid Patent Issues In AI Drug Discovery
Artificial intelligence has the potential to improve drug discovery and design, but companies should consider a variety of factors when patenting drugs created using AI systems, including guidance from the U.S. Patent and Trademark Office and methods for protecting patent eligibility, say attorneys at Ropes & Gray.
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How Cos. Can Build A Strong In-House Pro Bono Program
During this year’s pro bono celebration week, companies should consider some key pointers to grow and maintain a vibrant in-house program for attorneys to provide free legal services for the public good, says Mary Benton at Alston & Bird.
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Bristol-Myers Win Offers Lessons For Debt Security Holders
A New York federal judge's recent dismissal of a $6.4 billion lawsuit against Bristol-Myers Squibb, due to plaintiff UMB Bank's lack of standing, serves as an important reminder to debt security holders to obtain depositary proxies before pursuing litigation, say attorneys at Milbank.
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Series
Home Canning Makes Me A Better Lawyer
Making my own pickles and jams requires seeing a process through from start to finish, as does representing clients from the start of a dispute at the Patent Trial and Appeal Board through any appeals to the Federal Circuit, says attorney Kevin McNish.
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Navigating The Bankruptcy Terrain After Purdue Pharma
The U.S. Supreme Court’s June ruling in Harrington v. Purdue Pharma is having a significant impact on bankruptcies, with recent cases addressing nonconsensual third-party releases and opt-out mechanisms, and highlighting strategies practitioners can employ to avoid running afoul of the decision, say Brett Axelrod and Agostino Zammiello at Fox Rothschild.
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5 Considerations For Obviousness-Type Double Patenting
The U.S. Supreme Court’s recent denial of certiorari for In re: Cellect highlights the current state of obviousness-type double patenting based on that case and another recent Federal Circuit decision, including that ODP is not fatal, that divisional applications are protected from ODP and more, says Fabian Koenigbauer at Ice Miller.
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Patent Lessons From 7 Federal Circuit Reversals In August
The Federal Circuit’s seven vacated or reversed cases from August provide helpful clarity on obviousness-type double patenting, written description and indefiniteness, and suggest improved practices for petitioners and patent owners in inter partes review, say Denise De Mory and Li Guo at Bunsow De Mory.
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Use The Right Kind Of Feedback To Help Gen Z Attorneys
Generation Z associates bring unique perspectives and expectations to the workplace, so it’s imperative that supervising attorneys adapt their feedback approach in order to help young lawyers learn and grow — which is good for law firms, too, says Rachael Bosch at Fringe Professional Development.
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Opinion
Congress Can And Must Enact A Supreme Court Ethics Code
As public confidence in the U.S. Supreme Court dips to historic lows following reports raising conflict of interest concerns, Congress must exercise its constitutional power to enact a mandatory and enforceable code of ethics for the high court, says Muhammad Faridi, president of the New York City Bar Association.
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Perspectives
Pop Culture Docket: Justice Lebovits On Gilbert And Sullivan
Characters in the 19th century comic operas of Gilbert and Sullivan break the rules of good lawyering by shamelessly throwing responsible critical thought to the wind, providing hilarious lessons for lawyers and judges on how to avoid a surfeit of traps and tribulations, say acting New York Supreme Court Justice Gerald Lebovits and law student Tara Scown.
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New HHS Research Misconduct Rules Bring Seismic Changes
The U.S. Department of Health and Human Services' new rule regarding research misconduct investigations brings significant changes that focus on remediation, appeals and confidentiality, while other changes could result in institutions causing undue harm to scientists accused of such misconduct, say attorneys at Cohen Seglias.
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State Of The States' AI Legal Ethics Landscape
Over the past year, several state bar associations, as well as the American Bar Association, have released guidance on the ethical use of artificial intelligence in legal practice, all of which share overarching themes and some nuanced differences, say Eric Pacifici and Kevin Henderson at SMB Law Group.
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How Biden Admin Has Used Antitrust Tools, And What's Next
The last four years have been marked by an aggressive whole-of-government approach to antitrust enforcement using a broad range of tools, and may result in lasting change regardless of the upcoming presidential election result, say attorneys at Norton Rose.
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Defining All-Risk: Despite $30M Loss, Loose Bolt Not 'Damage'
A Massachusetts federal court’s recent ruling in AMAG Pharmaceuticals v. American Guarantee and Liability Insurance Co., denying coverage for $30 million in damages claimed when a loose bolt caused an air leak, highlights an ongoing debate over the definition of “direct physical loss or damage,” say Josh Tumen and Paul Ferland at Cozen O'Connor.
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The Shifting Role Of Patent Attorneys In The Age Of AI
The integration of artificial intelligence into patent drafting represents a significant change in how legal work is performed, and patent attorneys must shift from manual drafting to a strategy-oriented approach, says Ian Schick at Draft Builders.