Life Sciences

Rebuttal

Most Courts Follow 1st Circ. Generic-Delay Ruling's Standard

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.

Analyzing Upward And Downward Trends In Legal Tech

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.

What You Missed At PTAB: Contours Of IPR Institution Denial

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.

Lessons From Novartis' $678M Speaker Program Settlement

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.

Opinion

High Court Should Review Arthrex Case

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.

Opinion

ABA's New Guidance On Litigation Funding Misses The Mark

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.

Cos. Should Track Microplastic Research And Regulations

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.

Opinion

How Biologics Cos. Disparage Biosimilars And How To Stop It

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.

Opinion

Courts Are Right To Scrutinize Food Labeling Suits

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.

Restrictive Covenants In California After Ixchel Pharma

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.

What Firms Should Ask Before Hiring Attorneys From Gov't

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.

How Federal Patent Tutorial Video Influences Jurors

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.

The Ethics Of Using Chatbots For Legal Services

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.

Market Rebound May Curb Securities Class Actions, Damages

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.

Opinion

ABA Must Seize Opportunity To Respond To Bar Exam Chaos

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.