Life Sciences

  • October 11, 2019

    Teva, Mylan, Other Generic Makers Hit With Price-Fixing Suit

    UnitedHealthcare on Friday accused Teva, Mylan and more than a dozen other generic-drug makers of an egregious price-fixing scheme, claiming executives divvied up market share over fine Scotch and inflated the prices of more than 100 drugs, costing patients and insurers billions.

  • October 11, 2019

    Fed. Circ. Backs PTAB's Gutting Of Duke Muscle Treatment IP

    The Federal Circuit on Friday upheld the Patent Trial and Appeal Board's decision on remand striking down one claim of a Duke University patent for treating a muscle disease, closing the book on a challenge brought by BioMarin Pharmaceutical Inc. that dates back to 2013.

  • October 11, 2019

    Purdue Opioid Suits Get One-Month Pause, For Now

    A New York bankruptcy judge Friday put the opioid lawsuits against Purdue Pharma LP on a monthlong hold after the drugmaker and the government bodies suing it agreed to the pause while they try and work out terms for a longer stay.

  • October 11, 2019

    Akin Gump's Local Focus Helped Land Bull Semen IP Win

    To convince a jury in the heart of dairy country to enforce patents on technology used to breed milk cows, Akin Gump attorneys used custom 3D graphics, testimony from inventors and an appeal to the sensibilities of their Midwestern jury to secure a verdict of $8.5 million plus ongoing royalties.

  • October 11, 2019

    Generics, Others Back Impax Against FTC In 5th Circ.

    A trade group for the generic pharmaceutical industry, along with others, threw support Thursday behind Impax Laboratories LLC's Fifth Circuit appeal seeking a reversal of a Federal Trade Commission decision in a generic delay case, arguing the agency got its analysis all wrong.

  • October 11, 2019

    Sorin Settlement Offers Heart Patients Free Monitoring

    The former Sorin Group USA Inc. will provide free medical monitoring to heart surgery patients who were allegedly exposed to greater risk of infection at two Pennsylvania hospitals by the use of Sorin products, according to a preliminary settlement agreement submitted to a federal judge Friday.

  • October 11, 2019

    J&J Wins Second Asbestos-In-Talc Trial In A Week

    A California jury on Friday cleared Johnson & Johnson of allegations that its talcum powder contained asbestos and caused a man's mesothelioma, the second Golden State jury to find in the company's favor this week.

  • October 11, 2019

    Mass. Gov. Fights To Keep Vape Ban Fight In Fed. Court

    Massachusetts Gov. Charlie Baker on Friday blasted efforts by vape companies and e-cigarette retailers to take their battle over his vape ban down to state court after they suffered an early loss in federal court, calling the move "purely tactical" and "opportunistic."

  • October 11, 2019

    Restasis Payors Defend Class Cert. Bid In Allergan Suit

    A group of Restasis buyers on Friday defended class certification in their New York federal suit accusing Allergan of boosting profits by delaying a cheaper generic version of the dry-eye medication, saying they share numerous, common antitrust injuries.

  • October 11, 2019

    8th Circ. Won’t Rehear Monsanto Label Settlement Objection

    The Eighth Circuit will not rehear an objector's case against a $21.5 million settlement between Monsanto Co. and a class of Roundup buyers who claimed the company deceived them about how much weedkiller could be made from concentrate, the court announced Friday.

  • October 11, 2019

    Chicago's Ex-Chief Judge Turns To 'Unfinished Business'

    After 25 years on the federal bench in Chicago, former Chief U.S. District Judge Rubén Castillo is returning to private practice as a man with a mission, ready to tackle "unfinished business."

  • October 11, 2019

    FDA Focus: What BakerHostetler's Practice Chair Is Watching

    The co-leader of BakerHostetler's U.S. Food and Drug Administration practice tells Law360 he’s alarmed by a surge of contaminated drugs, watching for possible legal challenges to government crackdowns on vaping and concerned that large drug compounders will shut down because of FDA restrictions.

  • October 11, 2019

    Glaukos Beats Last Of Rival's PTAB Challenges To Stent IP

    Medical technology company Glaukos Corp. on Thursday fended off a challenge to a patent covering a microstent, as the Patent Trial and Appeal Board found rival Ivantis Inc. had used an earlier case as a road map for its petition.

  • October 11, 2019

    Job Wrongly Rescinded Over Medical Marijuana, Pa. Man Says

    A Pennsylvania electrical equipment company wrongly rescinded a job offer over a positive drug test despite a doctor's certification that the applicant had a condition that qualifies him for medical cannabis use, according to a complaint filed in state court.

  • October 11, 2019

    Biotech, Bank Raise Combined $276M In Low-Priced IPOs

    Drug developer Vir Biotechnology Inc. and Chicago-area bank HBT Financial Inc. made their debuts in public markets Friday after raising nearly $276 million combined in initial public offerings that priced at the bottom of their ranges, capping off a mild week for IPOs.

  • October 10, 2019

    19 Abilify Claims Tossed As Lacking Proof In MDL Settlement

    A Florida federal judge overseeing multidistrict litigation over side effects of the antipsychotic drug Abilify dismissed another 19 individual cases Thursday as a sanction for those consumers' failures to comply with court orders following the announcement of a global settlement in February.

  • October 10, 2019

    Fed. Circ. Bars Generic Of Horizon Arthritis Drug Until 2027

    A split Federal Circuit on Thursday affirmed a lower court’s decision that upheld the validity of a claim in one of the patents for Horizon’s osteoarthritis drug Pennsaid 2%, a ruling that blocks Actavis from selling a generic version of the drug until late 2027.

  • October 10, 2019

    FCA Decision Tracker: Continued Interpretations Of Escobar

    More than three years after the U.S. Supreme Court’s landmark Escobar decision, courts continue to wrangle with how to interpret the ruling in False Claims Act suits, including in a spate of recent cases addressing two key questions the justices left open.

  • October 10, 2019

    Dental Startup Settles With Last Distributor In Boycott Suit

    Online supplier SourceOne Dental Inc. has reached a settlement with Benco Dental Supply Co., the last company remaining in SourceOne's lawsuit accusing "the big three" dental suppliers of orchestrating a boycott of the upstart rival.

  • October 10, 2019

    Court Told Settlement Is The Best Result For Purdue Ch. 11

    Bankrupt opioid maker Purdue Pharma LP again touted its proposed settlement of opioid litigation in a New York bankruptcy court Thursday and claimed individual lawsuits against it and company owners the Sackler family could destroy the value of the estate.

  • October 10, 2019

    Target Can't Pass Buck On Antibiotic Labeling Suit Costs

    Drug supplier McKesson Corp. and its insurer don't have to pay Target Corp.'s legal bills in a suit alleging a woman developed a rare skin disorder after following instructions on an inaccurate label on an antibiotic she bought from the retail giant, a California appeals court affirmed Thursday.

  • October 10, 2019

    Purdue Docs Show DOJ Deal Is Key To Ch. 11 Settlement

    Bankrupt OxyContin maker Purdue Pharma LP has filed a term sheet in New York bankruptcy court detailing a proposed settlement it hopes will resolve thousands of lawsuits over the company's role in the national opioid crisis and calling for a deal to be reached with the federal government.

  • October 10, 2019

    J&J Nears OK For $6.3M Deal In Infant Tylenol False Ad Suit

    A California federal judge indicated Thursday he's prepared to greenlight a $6.3 million deal to resolve class claims that Johnson & Johnson tapped into the anxieties of new parents to mislead them into paying more for Infants' Tylenol containing the same medicine as Children's Tylenol.

  • October 10, 2019

    UBiome's Ch. 7 Case Conversion Approved In Del.

    Fecal testing firm uBiome Inc. received court approval Thursday in Delaware for its request to convert its bankruptcy case to a Chapter 7 liquidation after its post-petition funding fell through in the face of creditor objections.

  • October 10, 2019

    Mich. Pot Testing Lab Fined $100K Over Flawed Methods

    Michigan regulators have slapped a suspended marijuana testing lab with a $100,000 fine and temporarily barred its chief operating officer from the industry over allegations that the company marked contaminated cannabis as safe and told a client it would withhold failed tests from the state.

Expert Analysis

  • Justices Seem Skeptical Of USPTO's Attorney Fee Arguments

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    At Oct. 7 oral arguments before the U.S. Supreme Court in Peter v. NantKwest, the justices seemed unsympathetic to the U.S. Patent and Trademark Office's position that "expenses" in Section 145 of the Patent Act includes the agency's attorney fees, which applicants must pay even if they prevail, says Lina Xing of LexShares Inc.

  • How Emotionally Intelligent AI Could Assist With E-Discovery

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    While artificial intelligence has already revolutionized the e-discovery field, the development of emotionally intelligent AI promises to explore data in an even more nuanced and human way, thereby further reducing the burden on legal teams, say Lisa Prowse and Brian Schrader at e-discovery services provider BIA.

  • The Number Of Cannabis-Centric Patents Is Getting High 

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    With public support for cannabis legalization at an all-time high, data indicate that U.S. cannabis-centric patents and patent applications are being issued and published in record numbers, and, if the 2019 issuance pace holds, we can expect an increase of over 41% from 2018, says Matthew Kamps of FaegreBD.

  • Preventable Risks Your Law Firm May Be Overlooking

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    Although most lawyers are well-prepared to defend or justify the value of an insurance claim for clients, often law firms have not clearly identified their own potential liabilities, planned for adequate insurance or established prudent internal risk management practices, says Victor Sordillo at Sompo International.

  • 6 Ethics Tips For Attorneys Making Lateral Transfers

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    With lateral transfers between law firms on the rise, it is more important than ever for partners to understand the steps they must take to adhere to ethics rules and other requirements when making a transition, say attorneys at Harris Wiltshire.

  • Opinion

    FTC Warning On Plaintiffs Bar Advertising Is Timely

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    Given the proliferation of misleading ads from plaintiffs attorneys and associated lead generation firms about drugs and medical devices, the Federal Trade Commission's recent announcement that it has sent out warning letters about such advertising practices is welcome news, says Eric Alexander of Reed Smith.

  • Failure To Launch: The Patent Thicket Delay Of US Biosimilars

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    Almost 10 years after enactment of the Biologics Price Competition and Innovation Act, AbbVie’s assertion of 18 patents against three Humira biosimilars shows that patent thickets remain an obstacle to launching follow-on biologics and help explain why U.S. launches lag behind those in Europe, say attorneys at Axinn.

  • Employers Look To NJ High Court For Clarity On Medical Pot

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    The New Jersey Supreme Court’s upcoming decision in Wild v. Carriage Funeral Holdings will implicate and affect not only the state’s authorizing statute for medical cannabis, but also its anti-discrimination law and a new statute that expanded protections for workers who use medical marijuana, says Ruth Rauls of Saul Ewing.

  • Bid To Boot Opioid Judge Raises Questions On Judicial Roles

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    The attempt to disqualify Ohio federal judge Dan Aaron Polster from the multidistrict opioid litigation illustrates the complicated nature of disqualification decisions, and the conflict between two theories of judging — the disengaged balls-and-strikes umpire and the engaged, problem-solving citizen-judge, says former Illinois judge Raymond McKoski.

  • AdvoCare Deal Puts FTC's 13(b) Authority In Spotlight

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    The Federal Trade Commission's Oct. 2 settlement of pyramid scheme claims with AdvoCare will have far-reaching effects, both for those in the direct selling industry and for those following the ongoing debate over the agency's authority to prosecute FTC violations, say attorneys at Kelley Drye.

  • Vaping Crisis Raises New Liability And Insurance Issues

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    As the number of vaping-related lung illnesses continues to grow, causation and overall exposure remain elusive concepts, but historical precedent arguably provides a framework for understanding the liability and insurance coverage implications, say Jodi Green and Jonathan Viner of Nicolaides.

  • Consider The Power Of Tactical Empathy

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    By employing tactical empathy techniques to understand the interests behind the positions taken by others, attorneys can gain the upper hand in deal negotiations and litigation while still promoting and preserving long-term relationships with opponents, judges and others, say Shermin Kruse of TEDxYouth@Wrigleyville and Ursula Taylor of Strategic Health.

  • FDA's New Medical Device Rules Speed Up Review Process

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    The U.S. Food and Drug Administration's new guidance concerning its intermediate pathway to approval for new medical devices may take some time and expense for companies to comply with, but will ultimately make the process less cumbersome and more enticing, say Frederick Ball and Carolyn Alenci of Duane Morris.

  • The Problem — And Opportunity — Of Implicit Bias In The Bar

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    Law firms are beginning to recognize implicit bias as a problem. But too few recognize that it is also an opportunity to broaden our thinking and become better legal problem solvers, says Daniel Karon of Karon LLC.

  • Wisconsin Trailing In Midwest's Race To Legalize Cannabis

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    If it continues to watch from the sidelines as its neighboring states — especially Illinois — legalize marijuana, Wisconsin risks losing out on economic opportunities and tax revenue, says Paloma Kennedy of Reinhart Boerner.