Life Sciences

  • August 20, 2019

    Insys Creditors Want More Guarantees In Severance Plan

    Insys Therapeutics Inc.’s unsecured creditors want assurance that employees “involved or complicit” in criminal conduct will not receive severance pay as part of the pharmaceutical company’s Chapter 11, they told a Delaware bankruptcy court Tuesday.

  • August 20, 2019

    Calif. Surgeon Testifies J&J Mesh Has Low Complication Rate

    A practicing surgeon who chairs the University of California San Diego’s gynecology department told a California judge on Tuesday that pelvic meshes made by Johnson & Johnson unit Ethicon have low rates of complications and that some of the problems could occur with any pelvic surgery, as the company begins its defense in the false-marketing trial.

  • August 20, 2019

    9th Circ. Shuts Door On Medtronic Obesity Bias Suit

    The Ninth Circuit on Tuesday refused to revive a former Medtronic Inc. employee's suit accusing the company of illegally firing him because he was morbidly obese, saying he couldn't show that his weight led to his firing while sidestepping the broader question of whether obesity alone qualifies as a disability.

  • August 20, 2019

    NY Parents Can't Keep Vaccine Exemption For Disabled Kids

    A New York federal judge has denied an attempt by six parents of disabled children to block a recent law repealing a religious exemption to mandatory vaccinations in New York schools, saying the state’s mandate doesn’t contravene federal disability law or the U.S. Constitution.

  • August 20, 2019

    FDA Hit With Suit Over E-Cigarette Regulation

    A vaping trade group and a vape store on Tuesday hit the U.S. Food and Drug Administration with a suit in Mississippi federal court challenging the agency’s 2016 rule that expanded its ability to regulate all tobacco products, including e-cigarettes, saying that should be left to Congress.

  • August 20, 2019

    ViSalus, Consumers Brawl Over Decert. Bid In Robocall Suit

    ViSalus Inc. and a consumer class fighting a high-stakes robocall lawsuit are escalating their feud over whether an Oregon federal judge should dismantle the class after the Federal Communications Commission retroactively waived violations for many of the unwanted marketing calls that triggered the legal action.

  • August 20, 2019

    Zimmer Urges ITC To Block Rival's Bone Cements From US

    Zimmer Biomet is pressing the International Trade Commission to block German rival Heraeus Medical from bringing certain bone cement products into the United States, claiming its competitor is marketing those products using trade secrets obtained by pilfering Zimmer employees.

  • August 20, 2019

    Drugmaker Pays $200K To End SEC Fight Over Study Leaks

    A Florida pharmaceutical company will pay a $200,000 civil penalty to the U.S. Securities and Exchange Commission to end allegations it leaked medical studies that bolstered its case for approval of a drug to market analysts before giving that information to investors.

  • August 20, 2019

    San Diego Pot Zoning Rules Need Enviro Review, Justices Say

    The California Supreme Court on Monday said a San Diego ordinance regulating medical cannabis shops is the type of government activity that counts as a “project” in need of review under the California Environmental Quality Act, though the ruling’s effect on the ordinance at issue wasn’t immediately clear.

  • August 20, 2019

    Jones Day Snags Ex-MoFo Patent Litigation Partner In LA

    Jones Day has recruited an accomplished patent litigation partner from Morrison & Foerster LLP to its Los Angeles office, the firm announced Monday.

  • August 20, 2019

    'Shadowy' Co. Can't Ignore Eli Lilly's $20M High Court Appeal

    A "shadowy non-practicing entity" will have to defend against Eli Lilly's U.S. Supreme Court appeal of a $20 million verdict over patent infringement claims concerning its Cialis drug after the high court requested a response to Lilly's petition Monday.

  • August 20, 2019

    8th Circ. Upholds Monsanto's $21.5M Roundup Label Deal

    The Eighth Circuit on Tuesday affirmed a $21.5 million settlement between Monsanto and a class of consumers over the labeling of its Roundup weedkiller, shooting down an objector's arguments that the size of the deal was inflated.

  • August 20, 2019

    Endo, Perrigo Strike Deal In Nasal Spray Patent Suit

    Endo Pharmaceuticals and Perrigo UK Finaco Ltd. Partnership told a Delaware federal court Tuesday they have reached a settlement to end allegations that Perrigo infringed patents covering Endo's vitamin B12 nasal spray, Nascobal.

  • August 20, 2019

    Pfizer Says It Shouldn't Be Included In EpiPen Class Cert. Bid

    Pfizer is fighting to keep a Kansas federal judge from certifying five classes of consumers who say the pharmaceutical giant had a hand in delaying the entry of a generic version of the EpiPen as the price of the branded emergency allergy treatment continued to skyrocket.

  • August 20, 2019

    FDA Accused Of Dodging Food Safety Mandate

    Two consumer groups have sued the U.S. Food and Drug Administration in California federal court, accusing the agency of shirking its responsibilities by failing to establish inspection programs mandated by the Food Safety Modernization Act.

  • August 20, 2019

    Endo Pays $10M To Exit Opioid MDL Bellwethers

    Endo Pharmaceuticals Inc. on Tuesday announced it will pay $10 million and donate up to $1 million in prescription drugs to exit the lead bellwether cases in multidistrict opioid litigation.

  • August 20, 2019

    5 Firms Steer Elanco's $7.6B Bayer Animal Biz Buy

    Indiana-based Elanco Animal Health said Tuesday it has agreed to buy Bayer’s animal health business in a cash and stock deal valued at $7.6 billion that was steered by five firms.

  • August 19, 2019

    California Rests Case In Ethicon Mesh False-Marketing Trial

    After five weeks of testimony, the state of California rested its main case Monday in the false-marketing trial against Johnson & Johnson and its Ethicon unit regarding a supposed failure to fully warn doctors and patients about the dangers of certain Ethicon surgical meshes.

  • August 19, 2019

    Juul Hit With False Ad Suit By Nicotine-Addicted Teen

    A teenager on Monday hit Juul and Philip Morris with a proposed class action in Illinois federal court alleging that deceptive marketing aimed at youths that downplayed the risk of nicotine addiction violates federal racketeering laws.

  • August 19, 2019

    Lead Attys Approved For Opioid MDL 'Negotiation Class'

    The Ohio federal judge supervising multidistrict opioid litigation approved lead attorneys Monday for a proposed “negotiation class” of local governments that would pursue nationwide settlements with drug companies accused of sparking a devastating addiction crisis.

  • August 19, 2019

    4 Drug Cos. Strike $1.5M Deal In Namenda Pay-For-Delay Suit

    Four generic-drug makers have agreed to pay a combined $1.54 million to settle allegations that they struck anticompetitive deals with an Actavis unit to keep a generic version of the Alzheimer’s drug Namenda off the market.

  • August 19, 2019

    IQVIA Says 'Duplicative' Antitrust Claims Belong In NJ

    Pharmaceutical information technology company Veeva Systems is pursuing antitrust claims on the wrong side of the country, life sciences data giant IQVIA told a California federal court last week, arguing that Veeva's new allegations over withheld data access are "virtually identical" to accusations already percolating in New Jersey.

  • August 19, 2019

    J&J Talc Educator Never Saw Asbestos Reports, Jury Hears

    A former Johnson & Johnson consumer educator took the word of company lawyers and researchers that its talcum powder was free of cancer-causing asbestos and relayed the same to customers, but she never examined any of the data that purportedly backed that information, a New Jersey jury heard Monday.

  • August 19, 2019

    4 Life Science Cos. Lead 5 IPO Filings Totaling $476M

    Four life science companies and a financial services provider have filed initial public offerings preliminarily projected to raise a combined $476 million, adding to a growing pipeline of deals that could price after Labor Day and restart IPO activity after the customary August slowdown.

  • August 19, 2019

    Walgreens Not Liable To Crash Victims After Drug Mix-up

    The Fifth Circuit agreed Friday that the Walgreens pharmacy chain is not liable for a death and injuries caused by a customer who was given the wrong prescription and later crashed his car, backing a district judge's finding that the pharmacy did not owe a duty of care to third parties under Texas law.

Expert Analysis

  • Considering Disclosure Risks In Sensitive Product Recalls

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    The New York Supreme Court's recent decision in Otsuka America v. Crum & Forster highlights the balancing act between comprehensive disclosures during product recall efforts and the use of those communications in subsequent insurance or personal injury lawsuits, say Syed Ahmad and Geoffrey Fehling of Hunton.

  • Fed. Circ.'s Arduous Legal Landscape For Diagnostic Patents

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    The Federal Circuit's recent opinion in Genetic Veterinary Sciences v. Laboklin continues the trend of invalidating claims to diagnostic inventions as being directed to patent-ineligible natural phenomena, and it highlights the challenges facing innovators attempting to protect such inventions, say attorneys at King & Spalding.

  • Class Settlements And The Risks Of Viral Media Attention

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    When class settlements go viral — increasingly as a result of websites that promote settlement payouts — companies face extreme losses that could exceed reserves and available cash on hand. But there are several considerations that may help minimize this risk, says Kevin Skrzysowski at Risk Settlements.

  • Crisis Messaging To Protect Law Firm Brand And Bottom Line

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    When crises occur, such as data security incidents or gender bias suits, a well-prepared law firm has a thoroughly tested communications plan at the ready, which ensures the firm is the most proactive news source, prevents the crisis from escalating and notifies stakeholders about mitigation efforts, says Zach Olsen at Infinite Global.

  • New Compliance Steps For Filing Drug Co. Settlements

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    Starting this summer, settlements between innovators and generics submitted to the Federal Trade Commission and U.S. Department of Justice under the Medicare Prescription Drug, Improvement and Modernization Act must be filed online, and other new filing requirements are quite broad, say Melanie Rupert and Alexander Plushanski of Paul Hastings.

  • Perspectives

    What You Should Know About Courtroom Closures

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    At attorney Greg Craig’s trial in D.C. federal court this week, the courtroom was cleared so prospective jurors could answer sensitive questions. Even seasoned litigators were left wondering about the nature of this subtle, yet significant, issue involving Sixth Amendment public trial rights, says Luke Cass at Quarles & Brady.

  • The Outlook On Drug Pricing And Surprise Billing In Congress

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    Recent months have seen a flurry of activity in Congress on prescription drug pricing and surprise medical bills, and additional developments are expected in September, including possible floor action, say attorneys at Akin Gump.

  • Protecting Medical Method Patents Via Indirect Infringement

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    While medical method claims are often omitted from patents, they remain a powerful tool for protecting an invention under legal theories of indirect infringement, and recent case law supports this strategy, say Joey Moussa and Doug Portnow of Schwegman Lundberg.

  • Series

    Why I Became A Lawyer: A Seaweed Scientist's Odyssey

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    In the early 1980s, I was working on my Ph.D. in marine biology and ecology. As part of an international team of scientists studying oil spill impacts on marine ecosystems, I saw a niche opportunity to combine science and law, says Andrew Davis of Shipman & Goodwin.

  • DOJ Enforcement Insights From Poultry Price-Fixing Case

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    The U.S. Department of Justice recently stayed the discovery process in the broiler chicken antitrust litigation in order to pursue a criminal investigation over the next six months. The potential crackdown on U.S. poultry companies demonstrates changing DOJ antitrust enforcement priorities, says Bill Dillon of Taylor English.

  • Patent Opportunities In FDA Bispecific Antibody Guidance

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    Based on the U.S. Food and Drug Administration’s recent guidance on bispecific antibody products, companies may consider aligning their patent strategy with three issues in order to acquire a competitive advantage, say attorneys at Morgan Lewis.

  • How To Counter Jury Reliance On Plaintiff's Damages Ask

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    Years of interviewing jurors and observing deliberation show that the amount juries award in damages is almost always influenced by the amount of the plaintiff's demand, but there are three ways defense counsel can combat this anchoring effect, says Christina Marinakis at Litigation Insights.

  • 3 Best Practices For Patent Claims Against Secret Methods

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    Recent cases from a Florida federal court and the Federal Circuit counsel recommended approaches for conducting a prefiling inquiry before asserting infringement of a process patent where the potentially infringing process is unknown in order to comply with the reasonable inquiry requirement of Federal Rule of Civil Procedure 11, say Daniel Margolis and Linnea Cipriano of Goodwin.

  • Athenex Ruling Helps Clarify FDA Drug Compounding Policy

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    The D.C. federal court's recent decision in Athenex Pharma Solutions v. Azar gives the U.S. Food and Drug Administration a green light to review and exclude more substances from compounding under Section 503B of the federal Food, Drug and Cosmetic Act, say attorneys at Akin Gump.

  • Using Global Dossier To Simplify USPTO Disclosure Duty

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    The U.S. Patent and Trademark Office can make compliance with its duty of disclosure less burdensome by allowing applicants to submit a list of patent families that are believed to have material information and defining electronically available records broadly to include the Global Dossier, whose use the USPTO recently encouraged, says Brian Dorini of InterDigital CE Holdings.