Life Sciences

  • June 11, 2021

    Allergan Unit Must Face Bulk Of Namenda Pay-For-Delay Suit

    Allergan subsidiary Forest Laboratories LLC must face a jury over a union health and welfare fund's class action antitrust claims that pay-for-delay deals kept generic versions of Alzheimer's drug Namenda off the market after a New York federal judge largely rejected the parties' competing bids for a quick win Friday.

  • June 11, 2021

    Mallinckrodt Creditors Question Ch. 11 Drug Sale Process

    The official committee of unsecured creditors in the Chapter 11 case of drugmaker Mallinckrodt PLC objected on Friday to the company's proposed sale of a development-stage pharmaceutical, saying the company didn't run an adequate marketing process and is seeking to sell the asset at too low of a price.

  • June 11, 2021

    Ex-CVS Exec Probed On Drug Prices In Overcharge Trial

    A former CVS Pharmacy executive conceded to a California federal jury trial Friday that the chain didn't report its discounted drug prices to pharmacy benefit managers to avoid losing about $500 million annually.

  • June 11, 2021

    Quest Diagnostics Escapes Amazon Temp Worker's Pot Suit

    Quest Diagnostics doesn't have to face a lawsuit brought by a temporary Amazon employee who was not hired for a permanent position after failing a drug test, a Pennsylvania federal judge ruled on Friday, saying Quest had no duty to report his medical marijuana license to his employer.

  • June 11, 2021

    Insurer Needn't Help Cover $20M Award From Akorn Meds Suit

    An Illinois federal judge ruled Friday that Ironshore Specialty Insurance Co. doesn't have to cover any part of a $20 million judgment against drugmaker Akorn Inc. over an adverse effect from one of its medications, finding that punitive damages stemming from the company's negligence aren't covered.

  • June 11, 2021

    Endo Can't Shake FTC Pay-For-Delay Suit, Judge Told

    The Federal Trade Commission fought a dismissal bid Friday in an antitrust suit related to an alleged 2017 "pay-for-delay" agreement over Endo Pharmaceuticals' Opana ER painkiller, saying the drugmaker couldn't have made such an agreement because its competitor had already had a broad patent license for similar products for years.

  • June 11, 2021

    Tenn. Appeals Court Won't Halt Endo's $2.4B Opioid Trial

    A Tennessee appellate court on Friday refused to stay lower court proceedings, including a trial set for July 26, that will determine whether Endo Pharmaceuticals should pay $2.4 billion in damages after being found liable by default in an opioid case.

  • June 11, 2021

    SEC Says Biotech Co. Tricked Investors Out Of Millions

    The U.S. Securities and Exchange Commission has claimed in a new federal lawsuit that a Colorado-based radiopharmaceutical company misled investors and defrauded them into buying millions of dollars in company securities.

  • June 11, 2021

    FDA's Alzheimer's Drug Approval Deepens Searing Debate

    The U.S. Food and Drug Administration's approval of the first Alzheimer's treatment in nearly two decades despite a panel's reservations cuts into a dilemma about such fast-track authorizations, pitting the needs of patients who may have nothing to lose against the cost of billions of dollars on a new drug that may not work.

  • June 11, 2021

    Meet The Judge Overseeing The 1st Opioid Jury Trial

    Jerry Garguilo, the son of a family of bakers, fantasized about being a judge since his law school days at Duquesne University in Pennsylvania, although it was a dream he never voiced aloud.

  • June 11, 2021

    Tivity Health Investors Seek Approval Of $7.5M Settlement

    Investors in Tivity Health Inc. have asked a federal judge in Nashville to approve a $7.5 million settlement deal that would end claims that the health improvement company concealed that one of its most important customers, United Healthcare Inc., was developing a program that would compete with one of Tivity's flagship offerings.

  • June 11, 2021

    Brand Battles: Miracle-Gro Aims To Weed Out 'Gromeo' TM

    In Law360's latest roundup of new actions at the Trademark Trial and Appeal Board, the company behind Miracle-Gro wants to mow down a Silicon Valley startup's application for a "Gromeo" brand of self-watering planter — plus, three other new cases you need to know.

  • June 11, 2021

    Roche Can't Beat $171M Judgment, Fed. Circ. Told

    A diagnostics company accused Roche of misunderstanding "the nature of license rights" in the Swiss giant's efforts at the Federal Circuit to dodge a Delaware court's $171 million willful infringement judgment over ripping off lab test patents.

  • June 11, 2021

    Skadden-Led Chinese Recruiting Co. Tops Trio Raising $1.4B

    Chinese job recruitment platform creator Kanzhun Ltd., advised by Skadden, led a trio of operating companies that debuted on the stock exchanges Friday, raising a combined $1.41 billion through their initial public offerings.

  • June 11, 2021

    Boston Hotel's Virus Policy Only Covered 2 Days, Insurer Says

    An insurer said Thursday it's too soon for a Boston hotel investor group to declare it's owed up to a year of coverage for losses tied to a COVID-19 superspreader event, telling a California federal judge that discovery could cap the coverage period at two days.

  • June 11, 2021

    2nd Circ. Rejects FTC Antitrust Case Against 1-800 Contacts

    The Second Circuit on Friday overturned a decision by the Federal Trade Commission that 1-800 Contacts violated antitrust law by aggressively enforcing its trademarks against online competitors, calling such a claim "antithetical to the procompetitive goals of trademark policy."

  • June 11, 2021

    Insys Seeks Ch. 11 Clawback Of $10M In Ex-CEO's Legal Fees

    Drugmaker Insys Therapeutics filed suit in Delaware bankruptcy court seeking to recover more than $10 million in legal fees the company paid out to its former CEO to defend him in a criminal kickback case for which he is now serving prison time.

  • June 11, 2021

    UK Litigation Roundup: Here's What You Missed In London

    The past week in London has seen Ukraine's bank deposit protection scheme sue a bank in Liechtenstein, streaming platform Twitch take aim at a viewing bot, and law firm Kennedys files for an injunction against Hiscox.

  • June 10, 2021

    Calif. Counties Battle Drugmakers' Bid To Nuke Opioid Trial

    Pharmaceutical companies are rehashing failed legal arguments and cherry-picking statistics in hopes of escaping a multibillion-dollar opioid crisis trial, California communities said Thursday, telling a state court judge there's "overwhelming evidence" of a drug abuse epidemic fueled by shady marketing practices.

  • June 10, 2021

    9th Circ. Skeptical Of Researcher's Shot At DEA Pot Rule

    The Ninth Circuit panel considering whether to order the U.S. Drug Enforcement Administration to reconsider a denied petition to reschedule marijuana appeared to be hung up on whether the case was properly before them at oral arguments Thursday.

  • June 10, 2021

    IP Forecast: Amazon To Face A Texas Jury Over Voice IP

    Amazon is set to be the next tech titan to appear in front of the busiest patent judge in the country as U.S. District Judge Alan Albright is scheduled to kick off a jury trial over claims Alexa infringes voice technology patents owned by an Israeli kitchen technology startup. Here's a look at that case — plus all the other major intellectual property matters on deck in the coming week.

  • June 10, 2021

    Freezer Co. Hit With $15M Verdict Over Destroyed Embryos

    A California federal jury on Thursday found freezer manufacturer Chart Industries Inc. liable for the damage to and destruction of harvested eggs and embryos stored in its defective equipment, awarding nearly $15 million to the patients affected by a 2018 cryopreservation tank implosion.

  • June 10, 2021

    Pa. Chemical Co. Says Patent Dispute Can't Be Arbitrated

    Pennsylvania-based chemical company FMC Corp. is urging a federal court not to toss or force it to arbitrate its dispute with a Swiss Syngenta Corp. unit over an allegedly stolen herbicide formula, saying an arbitration clause in the pact inked by the two companies has expired.

  • June 10, 2021

    Judge Slams Calif. For Discovery Violation In Generics MDL

    A Pennsylvania federal judge overseeing a sweeping multidistrict litigation program over alleged price-fixing of generic drugs expressed frustration during a hearing Thursday as she contemplated sanctioning the California Attorney General's Office over its failure to hand over data it may rely on in building its case.

  • June 10, 2021

    US To Buy 500M Pfizer Vaccine Doses For Global Donation

    The U.S. is slated to buy half a billion COVID-19 vaccine doses from Pfizer to be donated to many "low- and lower middle-income countries" to try to put a stop to the pandemic, President Joe Biden said Thursday.

Expert Analysis

  • Opinion

    Congress Should Step In To Solve The Opioid Crisis

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    Instead of relying on piecemeal litigation to solve the opioid crisis, Congress should utilize data to create a coordinated national solution that would distribute culpability between parties and then allocate funds to affected areas, say Peter Kelso and Kristen Knorn at Roux Associates.

  • Medical Device Cases Show Increased Sunshine Act Scrutiny

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    Recent U.S. Department of Justice and Centers for Medicare & Medicaid Services settlements with two medical device manufacturers signal ramped-up enforcement of the Sunshine Act, highlighting a departure from a historically gentler approach, say Jaime Jones and Brenna Jenny at Sidley.

  • A Biz Strategy Model To Improve Lateral Atty Hiring Diversity

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    Quantitative comparison tools commonly used by companies in evaluating merger targets will allow law firms to assess lateral hire candidates in a demographically neutral manner, help remove bias from the hiring process and bring real diversity to the legal profession, says Thomas Latino at Florida State University.

  • 5 Steps To Successful Mass Tort Management

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    When handling mass tort litigation, making strategic preparations before you're swimming in an ocean of data can maximize efficiency and increase the chances of delivering wins for your client, say Ryan Cobbs and Ashley Drumm at Carlton Fields.

  • How Legal Profession Can Help LGBTQ Patent Attys Thrive

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    Given the underrepresentation of the lesbian, gay, bisexual and trans community in the patent bar, and recognizing that inclusivity benefits not only employees but also firms and clients, Jeremy Saks at Fish & Richardson discusses measures the legal profession can take to support LGBTQ patent attorneys.

  • What Tax Court's Mylan Legal Fee Ruling Means For IP Suits

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    The U.S. Tax Court's recent ruling that Mylan Inc. could deduct as regular business expenses the legal fees it incurred defending itself against patent infringement suits from brand-name drug manufacturers has the potential to increase patent litigation and may make settlement less appealing, say attorneys at Snell & Wilmer.

  • Smaller Firms Need Employee Wellness Programs, Too

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    As we emerge from the pandemic, small and midsize firms — which offer an ideal setting for companywide connection — should follow in the footsteps of larger organizations and heed the American Bar Association’s recommendations by adopting well-being initiatives and appointing a chief wellness officer, says Janine Pollack at Calcaterra Pollack.

  • China Trade Secret Developments Bring Certainty For US Cos.

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    U.S. companies should welcome recent reforms to Chinese trade secret legislation and case law that make the litigation landscape more plaintiff-friendly and provide clarity on what business information is protectable and what confidentiality measures the law requires, say attorneys at Jones Day.

  • Opinion

    Calif. Survival Damages Bill Would Cost Cos., Consumers

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    California lawmakers should reject a pending bill that would add pain and suffering, emotional distress, and other damages to punitive and economic loss awards in survival lawsuits, because it would dramatically increase costs for businesses and local governments, say Mark Behrens and Mayela Montenegro-Urch at Shook Hardy.

  • Compliance Considerations For Pharma Co. Testing Programs

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    Diagnostic tests sponsored by pharmaceutical companies can provide real benefits to patients, but should be carefully structured to mitigate compliance risks related to possible fraud and patient privacy, say Eve Brunts and Alison Fethke at Ropes & Gray.

  • How Ad Disputes Between Cos. Fuel Consumer Class Actions

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    Whether companies are bringing or defending claims of false advertising against competitors, they should recognize and anticipate the additional legal risk that may accrue from follow-on consumer actions, says Ross Weiner at Risk Settlements.

  • What Semiconductor Shortage Means For Patent Drafting

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    Since a critical shortage in the global supply of semiconductors could lead to an increase in U.S. capacity, semiconductor-related patent owners should consider directing more patent claims to manufacturing processes, manufacturing tools and intermediate structures, say Darren Smith and David Ben-Meir at Norton Rose.

  • Unpacking The Latest Trends In Biologics-Related IPRs

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    Analysis of the roughly 120 biologics-related inter partes review and nine post-grant review petitions filed over the last four years suggests that these considerably successful petitions will continue to be attractive, effective weapons for both innovators and biosimilar applicants, say current and former Steptoe & Johnson attorneys.

  • Stop Networking, Start Relationship Marketing

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    USA 500 Clubs' Joe Chatham offers four tips for lawyers to get started with relationship marketing — an approach to business development that prioritizes authentic connections — and explains why it may be more helpful than traditional networking post-pandemic.

  • When Your 9th Circ. Case Needs California High Court Input

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    With the Ninth Circuit increasingly certifying state law questions to the California Supreme Court, litigants should pay careful attention to the rules for ancillary proceedings, study recent issues the state high court decided on certification, and consider strategic options, say attorneys at Buchalter.

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