Life Sciences

  • February 14, 2020

    Nevada Gov. Taps Ex-Chief Justice For State Cannabis Board

    Nevada governor Steve Sisolak has appointed a former Nevada Supreme Court chief justice and a Kaempfer Crowell attorney to chair the state’s newly formed Cannabis Compliance Board, according to an announcement from the governor’s office.

  • February 14, 2020

    7th Circ. Won't Revive Antrim Generic-Drug Supply Suit

    The Seventh Circuit on Friday rejected a startup's attempt to revive claims that a Pennsylvania pharmaceutical company reneged on a drug supply agreement and withheld its supply to manipulate profits, finding that the district court made no irreversible error.

  • February 14, 2020

    Ranbaxy Can't Ask 1st Circ. To Toss Drug Buyers' Suit

    A Massachusetts federal judge refused Friday to let Ranbaxy Laboratories seek First Circuit relief from multidistrict litigation accusing the company of gaming the generic drug approval system to gain an unfair competitive edge, holding that appeal would only disrupt the long-running case.

  • February 14, 2020

    Melinta's Ch 11. Consolidation Is 'Unjustified,' Objectors Say

    Bankrupt antibiotics maker Melinta Therapeutics Inc. received two objections Friday to its proposed Chapter 11 plan that seeks to substantively consolidate its various entities' debts for distributions to creditors, a move derided by a significant creditor and the U.S. trustee as unjustified.

  • February 14, 2020

    FTC Clears $5B Veterinary Hospital Deal With Location Sales

    The Federal Trade Commission said Friday that Compassion First, a veterinary service provider backed by investment firm JAB Holdings, will sell three locations in order to proceed with its planned $5 billion purchase of National Veterinary Associates.

  • February 14, 2020

    Insys Execs Owe $57M To Insurers And Victims, Judge Rules

    Seven former Insys Therapeutics Inc. executives convicted of bribing doctors to prescribe opioids were ordered by a federal judge Friday to pay nearly $57 million in restitution to insurance companies and individual victims impacted by the scheme, less than one-fifth of what prosecutors sought.

  • February 14, 2020

    1st Circ. Revives Sanofi Insulin Injector Antitrust Case

    The First Circuit has revived a proposed class action against Sanofi-Aventis, saying the pharmaceutical company must prove it acted in good faith when it wrongly placed a patent for an insulin injector on an FDA list if it hopes to evade antitrust liability.

  • February 14, 2020

    What Attys Should Know As Juul Battles Blaze Of Litigation

    A litigation firestorm surrounding e-cigarette colossus Juul Labs is threatening to engulf many other players in the multibillion-dollar vaping market and appears poised to test innovative theories in product liability law. Here, Law360 explains the key cases and issues that attorneys should watch.

  • February 14, 2020

    Endo Shareholders' Price-Fixing Claims Can't Sway Judge

    A Pennsylvania federal judge ruled Friday that investors in a would-be class action against Endo International PLC had failed to bring forward sufficient evidence to support their claim that the pharmaceutical company conspired with competitors to fix prices for generic drugs.

  • February 14, 2020

    Ex-Parchem Worker Dodges Trade Secrets Theft Suit

    A New York federal judge on Friday tossed Parchem Trading Ltd.'s suit accusing a former employee of using trade secrets to get business from Bristol-Myers Squibb Co. at her new job, finding that there wasn't evidence she used a purchase history list in her dealings with the pharma giant.

  • February 14, 2020

    Stryker Unit Seeks Ax Of Acantha's IP Marking Failure Suit

    Medical device manufacturer Acantha is overcomplicating a simple contract suit by tacking on fraud claims, a Stryker Corp. unit said Thursday in its bid to trim a suit alleging it lied about marking licensed orthopedic implants with an Acantha patent.

  • February 14, 2020

    Israeli Drugmaker Can Intervene In $163M Perrigo-US Row

    A Michigan federal judge on Friday partially granted an Israeli drugmaker permission to intervene in Perrigo's suit to recoup a $163.5 million tax refund, but only to the extent necessary to safeguard its trade secrets.

  • February 14, 2020

    DOJ’s Generic Drug Criminal Probe Snares Ex-Sandoz Exec

    The U.S. Department of Justice signaled a major escalation Friday in its ongoing criminal probe of price-fixing among generic drug companies, announcing the guilty plea of a former Sandoz executive in the first instance of a major industry player being directly implicated.    

  • February 14, 2020

    Taxation With Representation: Latham, Skadden, Wachtell

    In this week’s Taxation With Representation, Simon Property Group buys mall operator Taubman for $3.6 billion, Fidelity National and insurance provider F&G make a $2.7 billion merger, and Revolution Medicines makes a $238 million public debut.

  • February 14, 2020

    Fortis Loses 2nd Bid For $425M Post-Merger Drug Payout

    A group of Shire U.S. Holdings merger partner stockholders has lost a second bid for $425 million in post-merger drug development payments after the Delaware Chancery Court found that dismissal of an earlier suit for the same award blocked rights to demand additional information from Shire.

  • February 14, 2020

    High Court Denies Sanofi Stay During Bid To Expand Arthrex

    Sanofi can't dodge a judgment holding patents covering its insulin medication Lantus invalid while it asks the U.S. Supreme Court to expand the Federal Circuit's Arthrex decision to all pending appeals, the justices said Friday.

  • February 13, 2020

    6th Circ. Halts Nationwide Discovery In Opioid MDL

    The Sixth Circuit on Thursday paused nationwide discovery in the opioid multidistrict litigation as the panel considers a petition by pharmacies that claims the Ohio judge presiding over the litigation repeatedly flouted federal court rules.

  • February 13, 2020

    PTAB Questions Caris' Word Use In Cancer Treatment Patent

    Two Patent Trial and Appeal Board judges appeared perplexed Wednesday by Caris MPI Inc.'s attempt to save its cancer therapy patent from invalidation by urging the board to apply an informal meaning of a medical term in construing one of the challenged claims.  

  • February 13, 2020

    Chancery Drops Suit Over Biopharma Firm's Cholesterol Drug

    A Delaware vice chancellor on Thursday tossed a derivative suit against biopharmaceutical company Esperion Therapeutics Inc. that alleged its officers purposely misled the public about the prospects of a cholesterol-lowering drug in development, ruling the suit had a fatal procedural flaw.

  • February 13, 2020

    Okla. Tribe Sues Gov't To Offset Opioid 'Bad Men' Harms

    The Cheyenne and Arapaho Tribes sued the U.S. government in federal claims court to obtain compensation for harms od an alleged conspiracy by drugmakers Purdue, Actavis and Janssen along with distributors and pharmacies to get people addicted to prescription opioids.

  • February 13, 2020

    Dental Suppliers Shut Down Patient Antitrust Litigation

    Major U.S. dental suppliers won their bid to shut down a patient’s proposed class suit alleging they bumped up the cost of dental care with an illegal price-fixing deal after an Illinois federal judge found Thursday that the patients' connection to the claimed conspiracy wasn't solid enough.

  • February 13, 2020

    Pharmacies Must Give Patient Ages In Opioid MDL Discovery

    An Ohio federal judge on Thursday overruled objections from several pharmacies being asked to disclose the ages of patients in discovery in sprawling opioid multidistrict litigation, saying in light of the other data being produced, disclosing the ages does not present a risk to patient privacy.

  • February 13, 2020

    Medical Pot Shouldn't Squelch Pa. Housing Aid, Court Told

    A Pennsylvania public housing authority had room under federal law to allow a woman who uses medical marijuana to receive Section 8 housing assistance because medical marijuana is legal in the state and didn’t fall under a prohibition on “illegal use” of controlled substances, her attorney told a state appellate court Thursday.

  • February 13, 2020

    Cancer Biotech's Upsized $238M IPO Leads Three Deals

    Venture-backed oncology firm Revolution Medicines Inc. saw its shares soar upon their debut Thursday after raising $238 million in an upsized initial public offering, sealing the largest deal among three newly christened public companies, including a Canadian trucker and a Chinese blank check company.

  • February 13, 2020

    J&J Unit Settles Noncompete Dispute With Texas-Based Rival

    Johnson & Johnson unit DePuy Synthes reached a settlement with a Texas-based medical device company it sued for allegedly enticing DePuy sales associates to violate their noncompete obligations, according to a Texas federal court filing. 

Expert Analysis

  • Opinion

    Legal Prediction Is Demanding But Not Impossible

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    The New Jersey Supreme Court’s recent decision in Balducci v. Cige incorrectly concluded that predicting the length and cost of a case is nearly impossible, and overlooked artificial intelligence's ability to do so, says Joseph Avery with Claudius Legal Intelligence.

  • Trends In Recent FCPA And Cartel Cases Against Execs

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    The U.S. Department of Justice has taken more white collar cases against executives to trial this winter, focusing on Foreign Corrupt Practices Act and cartel allegations, and scoring noteworthy victories in a canned tuna price-fixing case and two rate-rigging cases, say attorneys at Miller & Chevalier.

  • Class Actions Are A Growing Risk For CBD Cos.

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    Warning letters issued by the U.S. Food and Drug Administration and the Federal Trade Commission have sparked a wave of class actions targeting CBD companies, which could reduce investment in the industry and lower the number of products in the marketplace, says Christopher Binns of Loeb & Loeb.

  • Coronavirus Drug Shows Global Hurdles To Patent Protection

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    Recent interplay between patent applications filed by multiple international organizations in connection with a drug treatment for the new coronavirus demonstrates how the requirements of differing jurisdictions can complicate efforts to obtain patent protection, say attorneys at Morris Manning.

  • States Lead The Way On Drug Pricing Reform

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    States have demonstrated strong initiative and creativity in targeting high drug costs, though constitutional and federal limits have impeded their reform efforts, say Deborah Gardner and Scott Falin of Ropes & Gray.

  • Fed. Circ. May Limit USPTO’s Standing To Intervene

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    The pending Federal Circuit cancer drug patent case Biogen v. Iancu could restrict the U.S. Patent and Trademark Office’s ability to intervene when a successful appellant does not participate, making this a less attractive strategy for petitioners looking to cut costs, says Michelle Divelbiss of Axinn.

  • How Cos. Can Prepare For Heartburn Drug Cancer Claims

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    As legal claims mount following the U.S. Food and Drug Administration's recent announcement that traces of a carcinogen were found in a common antacid medication, companies that act soon have the best chance to shape the arc of litigation, say Michael Tanenbaum and Kelly Belnick of Tanenbaum Keale.

  • The Implications Of USMCA For Biologic Innovation

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    Last-minute changes to certain exclusivity provisions in the U.S.-Mexico-Canada Agreement are likely to discourage pharmaceutical companies from undertaking the expensive clinical trials needed to discover new uses for biologic medicines, say Irena Royzman and Jennifer Liu at Kramer Levin.

  • Malpractice Landscape Is Becoming Riskier For BigLaw

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    A recent survey of lawyers’ professional liability insurers revealed an increase in malpractice claims against law firms, suggesting clients will demand more accountability in the coming decade, say Gerald Klein and Amy Nguyen at Klein & Wilson.

  • The Long Odds Of Obtaining IPR Reversals On Issues Of Fact

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    Data from the past year indicates that while obtaining any reversal of an inter partes review decision of the Patent Trial and Appeal Board is statistically unlikely, and even less likely on issues of fact, having the right panel of Federal Circuit judges may improve the odds, says Steven Roth of Lucas & Mercanti.

  • Series

    Judging A Book: Humetewa Reviews 'Guilty People'

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    In her new book, "Guilty People," Abbe Smith successfully conveys that seeing ourselves in people who commit crime may be the first step to exacting change in our justice system, says U.S. District Judge Diane Humetewa of the District of Arizona.

  • EPA Hemp Pesticide Approval Is A Big Step For Cannabis

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    The U.S. Environmental Protection Agency’s recent approval of certain pesticides for the cultivation of hemp is a first for the federal government, and represents a major milestone in the development of a full-fledged, properly regulated and profitable cannabis industry, says Richard Blau of GrayRobinson.

  • Federal-State Employment Law Divide Reveals Systemic Flaw

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    The current lack of synchrony between federal and state employment laws suggests a flaw in the system that is testing the limits of our democracy, says Hollie Reiminger at Fisher Phillips.

  • Takeaways From DOJ Fraud Section's Enforcement Uptick

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    The Fraud Section of the U.S. Department of Justice's Criminal Division reported a year-over-year increase in prosecutions and settlements, underscoring the agency's willingness to use enforcement to achieve its twin goals of cooperation and enhancing compliance programs, say Kevin Muhlendorf and Madeline Cohen at Wiley Rein.

  • The US Product Liability Issues Spreading To The EU

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    U.S. product liability claims are increasingly replicated in the European Union as soon as there is a judgment against a manufacturer, service provider or retailer, and controversial products including glyphosate, talc, cannabis and opioids are particular areas to watch, say Sylvie Gallage-Alwis and Alice Decramer of Signature Litigation.