A Delaware bankruptcy judge on Friday rejected a motion for a committee to represent stockholder interests in the case of bankrupt biopharmaceutical venture Vivus Inc, finding that the company's reports of insolvency and inability to cover shareholder claims were not unreasonable.
A White House mandate forcing the federal government to buy critical drugs domestically offers flexibility for agencies, but its vague language creates uncertainty for businesses unsure of which drugs will be covered and whether it applies to existing government contracts.
The full Federal Circuit on Friday shot down Illumina Inc.'s bid to "correct a reflexive anti-injunction impulse" from federal courts, which would have furthered its $26.7 million win against Ariosa Diagnostics Inc. in a fight over prenatal testing technology.
In this round of intellectual property updates tied to the ongoing pandemic, attorneys general put pressure on the federal government to make COVID-19 drugs more accessible, patent trials in Texas remain in the air, and one attorney expresses guilt for proceeding with an in-person jury trial.
Nevada's Cannabis Compliance Board voted Friday to approve a controversial partial settlement in the sweeping litigation over the state's marijuana licensing process over complaints from business owners who see the deal as a continuation of the favoritism alleged in the suit.
The Judicial Panel on Multidistrict Litigation sent nearly four dozen suits alleging Wright Medical Technology Inc. and MicroPort Orthopedics Inc. sold defective hip implants to Arkansas federal court over the objections of the companies.
The Ninth Circuit on Friday revived a suit by former National Football League players alleging the league made them take opioids and other painkillers to get back on the field before they were healthy.
The NAACP on Friday asked a New York bankruptcy judge for a seat at the table in the Purdue Pharma Chapter 11, saying it needs to ensure a fair share of the proceeds of the case's opioid settlement goes to communities of color.
A House oversight subcommittee is asking the U.S. Department of Health and Human Services watchdog to investigate whether the Trump administration mismanaged and fraudulently negotiated a $646 million ventilator contract with Philips in response to the coronavirus pandemic.
A company that a Johnson & Johnson unit has accused of selling purportedly counterfeit versions of surgical devices told an Illinois federal court Friday that a seizure order of 1.27 million of its products should not have been granted, saying the subsidiary has shown "little, if any, evidence of the ballyhooed pervasive counterfeiting scheme."
The U.S. Supreme Court is being inundated with petitions related to the Federal Circuit's Arthrex decision, teeing up a big debate about the constitutionality of Patent Trial and Appeal Board judges. Here, Law360 keeps you up to date on the Arthrex-related cases before the justices.
K&L Gates LLP has brought on a former Squire Patton Boggs LLP partner with 25 years of experience in the life sciences sector to its San Francisco office, the firm has announced.
In this edition of Coronavirus Q&A, a leader of Hogan Lovells' medical devices team discusses school reopenings, client frustrations with a heavily burdened U.S. Food and Drug Administration, and mounting problems with COVID-19 testing volume and turnaround times.
Consumer advocates are pushing the federal government to go it alone in developing an alternative to Gilead's antiviral drug remdesivir if the pharmaceutical giant continues to sit on patent holdings for a potentially effective drug to treat COVID-19.
Michigan marijuana regulators have issued a product recall for contaminated prerolled joints sold to retailers in a dozen municipalities after an employee at a processing facility allegedly licked a product while making it.
Fractyl Laboratories Inc., a life sciences company focused on developing treatments for metabolic diseases including Type 2 diabetes, said Friday that it has secured $55 million in funding from a group of investors led by Taiwania Capital Management Corp.
DLA Piper has added former U.S. Rep. Jim Greenwood, R-Pa., to its ranks in Washington, D.C., as an adviser to head a health and life sciences-focused advisory group.
Jones Day's Sarah A. Geers was part of a team that helped Juno Therapeutics and Sloan Kettering win a more than $1.1 billion final award in a case over a patent for cancer immunotherapy, earning her a spot among the life sciences law practitioners under age 40 honored as Law360 Rising Stars.
The First Circuit on Thursday affirmed the conviction of a Massachusetts gynecologist of sharing her patients' private medical information with a sales representative at Warner Chilcott, then lying about it to federal agents.
A New Jersey state appellate panel will not second-guess a trial court ruling tossing claims that Bayer Healthcare LLC and former parent Merck & Co. Inc. provided inadequate warnings about Dr. Scholl's padded callus removers in a suit alleging the product led a now-deceased consumer to lose part of his leg.
President Donald Trump issued an executive order Thursday seeking to ensure essential medicines are made in the U.S. by shoring up domestic production capabilities and requiring federal agencies to purchase those drugs exclusively from domestic sources.
The U.S. Drug Enforcement Administration doesn't have to respond to subpoenas by cities and drug distributors in West Virginia's opioid multidistrict litigation bellwether that sought more information about the agency's knowledge of prescription drug trafficking, a federal judge has ruled.
Prosecutors in Texas announced Thursday that a federal judge has temporarily halted allegedly fraudulent coronavirus testing being administered by a masseuse at her holistic health care facility.
Three men who made side deals to end their opposition to a class settlement were "falsely flying the class' colors" to extract money from its deal and should be ordered to return their ill-gotten funds, the Seventh Circuit said Thursday.
A much-anticipated trial in a lawsuit brought by a group of California municipalities against the state's chief cannabis regulator over marijuana delivery was put on hold Thursday after the judge said she has questions about whether the municipalities have standing to sue.
The U.S. Department of Health and Human Services accused Gilead Sciences Inc. on Wednesday of infringing four agency patents covering the use of HIV treatment medication to prevent infection, escalating a fight that has been brewing for months.
Contrary to a recent Law360 guest article arguing that most courts have criticized or rejected the First Circuit's reversal of class certification in the 2018 Asacol pay-for-delay cases, most courts have in fact followed it, recognizing that precedent requires serious scrutiny of plaintiffs' proposed proof, say attorneys at White & Case.
Advances in legal technology are often accompanied by bombastic overstatements, but it is important to separate the wheat from the chaff by looking at where various technologies stand on the hype curve, says Lance Eliot at Stanford Law School.
Recent Patent Trial and Appeal Board decisions illustrate the factual circumstances that the board finds compelling when exercising its discretion to deny institution of inter partes review based on copending district court litigation, with practical takeaways for petitioners and patent owners, say Andrew Holtman and Melissa Gibson at Akin Gump.
Novartis' recent $678 million deal with the U.S. Department of Justice, settling allegations that the company's physician-led speaker programs violated the Anti-Kickback Statute, sheds light on arguably the highest-risk marketing practice in the life sciences industry and steps companies can take to avoid DOJ ire, say attorneys at Skadden.
Because the Federal Circuit, in ruling that administrative patent judges are improperly appointed, failed to give due weight to the directorial powers superior officers have over APJs, the U.S. Supreme Court should grant the government's petition for certiorari in U.S. v. Arthrex, say attorneys at Amster Rothstein.
The American Bar Association should revise its recently approved best practices on third-party litigation funding as they do not reflect how legal finance actually works and could create confusion among lawyers, says Andrew Cohen at Burford Capital.
Microscopic plastic particles in the environment are a major emerging concern for regulators in the U.S. and internationally — and with the regulatory framework evolving concurrently with scientific research on health and environmental impacts, companies must monitor developments closely, say Tara Paul and Willis Hon at Nossaman.
Biologic manufacturers' attempts to cast doubt on the safety and efficacy of biosimilar products are deceptive and potentially anti-competitive, and the government should take action to help consumers afford life-saving medicines, says Michael Carrier at Rutgers Law School.
While putative class action filings against the food and beverage industry over often baseless allegations around food labeling persist during the COVID-19 pandemic, it is fortunate that judges are dismissing many of these cases based on a lack of any plausible theory of deception, say attorneys at Perkins Coie.
While the California Supreme Court's ruling Monday in Ixchel Pharma v. Biogen may signal some level of freedom for parties to enter into restrictive covenants, businesses must carefully review the nature and consequences of such restraints as it is likely that they will remain judicially disfavored, say attorneys at Haynes and Boone.
In the final year of any presidential administration, there is an undeniable appetite on the part of large law firms for government-savvy legal talent, but firms need to first consider how they will actually utilize their new star hire, says Michael Ellenhorn at Decipher.
The Federal Judicial Center's patent tutorial video is intended to provide unbiased explanation to jurors, but the recent research of Alexis Knutson and Jeffrey Jarman at Tsongas Litigation Consulting reveals that the video influences the perception of the patent process in subtle but meaningful ways.
Delegating legal work to robots involves several risks, including running afoul of statutes dictating unauthorized practice of law, but with the right precautions, law firms can lawfully employ artificially intelligent chatbots that can imitate human conversations, say attorneys at Haynes and Boone.
The stock market's dramatic recovery from its pandemic-prompted plunge may provide securities class action defendants an opportunity to rely on the Private Securities Litigation Reform Act’s rarely invoked bounce-back provision to ward off stock-drop claims, or sharply limit available damages, say John Schreiber and John Tschirgi at Winston & Strawn.
The challenges of administering bar exams this year have put the future of the profession in jeopardy, but the American Bar Association at its ongoing annual meeting can adopt a resolution that would urge jurisdictions to take emergency actions with respect to licensure of new attorneys, says Nicholas Allard, former president of Brooklyn Law School.