Insurers and health plans told a Ninth Circuit panel on Thursday that a lower court was wrong to toss their claims that Gilead orchestrated a product-hop scheme for its HIV drugs ahead of trial and for not seeing a price drop as evidence of an alleged agreement with Teva to delay generics.
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TOP NEWS

9th Circ. Probes Buyers On HIV Drug Antitrust Claims

By Matthew Perlman

Insurers and health plans told a Ninth Circuit panel on Thursday that a lower court was wrong to toss their claims that Gilead orchestrated a product-hop scheme for its HIV drugs ahead of trial and for not seeing a price drop as evidence of an alleged agreement with Teva to delay generics.

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Ropes, Kirkland Guide $5.2B Novo Nordisk Liver Disease Deal

By Al Barbarino

Novo Nordisk said on Thursday it will acquire U.S.-based Akero Therapeutics for up to $5.2 billion in cash, expanding its portfolio into metabolic liver disease in a deal steered by Ropes & Gray LLP and Kirkland & Ellis LLP. 

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Judge Axes Cell Analysis Patent In Case Against Parse

By Adam Lidgett

A federal magistrate judge in Delaware has trimmed a suit accusing biotechnology company Parse Biosciences of infringing patents covering a way of detecting target molecules in cell samples, finding one of the patents was invalid.

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LITIGATION

Justices Urged To Clarify Patent Validity In Entresto Case

By Ryan Davis

Generic-drug makers, academics and others are urging the U.S. Supreme Court to take a case involving Novartis' blockbuster cardiovascular drug Entresto, saying the justices must bring consistency to conflicting Federal Circuit precedent on the role of later technology in assessing patent validity.

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Patient Asks 4th Circ. To Revive Faulty Ethicon Stapler Suit

By Mike Curley

A surgery patient is asking the Fourth Circuit to reinstate his suit against Johnson & Johnson subsidiary Ethicon Endo-Surgery LLC over faulty staples used in his procedure, saying the district court was wrong to deny his request to extend an expert deadline after he finally narrowed down the type of stapler used.

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Tivity Health Investors Seek Final OK Of $17M Settlement

By Emilie Ruscoe

An investor in fitness program administrator Tivity Health Inc. has asked a Nashville federal judge for a final nod for an over $17 million deal ending claims the company misled investors about its financial prospects after its $1.3 billion acquisition of troubled weight-loss meal delivery company Nutrisystem.

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Mich. Justice Eyes Scope Of Judge-As-Grand-Jury Issue

By Danielle Ferguson

Michigan's chief Supreme Court justice on Thursday pondered the real-world implications of retroactively applying a 2022 ruling that judges cannot act as a one-person grand jury to issue indictments, saying the practice seems to have grown more prevalent.

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Biotronik Wants Full 9th Circ. Review Of Whistleblower Ruling

By Tom Lotshaw

Biotronik Inc. urged the full Ninth Circuit to review a panel ruling that revived a whistleblower suit alleging the company used unlawful compensation tactics to boost heart-device sales, saying it should have been tossed based on prior disclosures in news articles.

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NJ Justices Probe Insurer's Role In $12M Settlement Fight

By Carla Baranauckas

The New Jersey Supreme Court zeroed in Thursday on how far insurers can go in reserving their rights without taking a definitive position on coverage, as Mist Pharmaceuticals LLC accused Berkley Insurance Co. of stonewalling a $12 million settlement by hiding behind ambiguity in its "capacity exclusion" clause.

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Hemp Co. Asks Del. Court To Defer Ex-Exec's Suit To Australia

By Jarek Rutz

An Australian hemp manufacturer and its U.S. subsidiaries asked a Delaware federal judge Thursday to dismiss or pause a lawsuit filed by a former executive-turned-whistleblower, arguing the case should be deferred under international comity principles.

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Pet Owner Keeps State, But Not Fed., Elanco Tick Meds Suit

By Bryan Koenig

Advantix flea-and-tick medication maker Elanco Animal Health Inc. partially ducked a consumer proposed class action by convincing an Indiana federal judge to cut federal antitrust claims, but still must face state law allegations accusing it of paying off PetSmart, Petco and Chewy not to carry generic versions.

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Pharma Co. Looks To Nix 'Absurd' Award Over Acne Drug

By Caroline Simson

Sun Pharmaceutical Industries is urging a New York federal court to partially undo an arbitral award issued in a dispute over intellectual property for an acne drug, saying the award, if allowed to stand, could interfere with a medication that's been available in Canada for years.

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PEOPLE

Munck Wilson Taps Texas Atty To Lead Life Sciences Practice

By Lynn LaRowe

Munck Wilson Mandala LLP has chosen a Lone Star State lawyer who joined the firm earlier this year to lead the technology-focused firm's life sciences practice group.

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EXPERT ANALYSIS

Series

Painting Makes Me A Better Lawyer

Painting trains me to see both the fine detail and the whole composition at once, enabling me to identify friction points while keeping sight of a client's bigger vision, but the most significant lesson I've brought to my legal work has been the value of originality, says Jana Gouchev at Gouchev Law.

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LEGAL INDUSTRY

Sullivan & Cromwell Impersonators Hit With NY Fraud Claims

By Emily Sawicki

New York Attorney General Letitia James is attempting to take down a slew of businesses whose names are variants of Sullivan & Cromwell LLP, accusing them of attempting a scheme to fraudulently redirect checks meant for the global corporate law firm.

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Analysis

False-Statement Case Puts Comey In Rare Company

By Phillip Bantz

Former FBI director James Comey is the latest addition to the relatively short list of government officials who have been criminally charged over the past several decades with making false statements to Congress.

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NY Atty General Indicted Following Pressure From Trump

By Lauren Berg

New York Attorney General Letitia James was indicted in Virginia federal court Thursday on charges related to mortgage fraud, three weeks after President Donald Trump wrote a social media post encouraging U.S. Attorney General Pam Bondi to take action because James and two other political opponents were "guilty as hell."

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Tort Report: Nuked 'Nuclear Verdict' Stays, Texas Justices Say

By Y. Peter Kang

The fate of a "nuclear verdict" that was used to jump-start tort reform campaigns across the country and a settlement of a suit over a Kiss guitar technician's death lead Law360's Tort Report, which compiles recent personal injury and medical malpractice news that may have flown under the radar.

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Jenn Mascott Of WH Counsel's Office Confirmed To 3rd Circ.

By Courtney Bublé

The Senate voted 50-47 on Thursday to confirm Jenn Mascott, currently serving in the White House Counsel's Office, to the Delaware seat on the Third Circuit.

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7th Circ. Nominee Taibleson Advances To Full Senate

By Courtney Bublé

The Senate Judiciary Committee advanced on party lines the nomination of Rebecca Taibleson, a federal prosecutor in Wisconsin, to serve on the Seventh Circuit, as well as four district judicial nominees and five U.S. attorney nominees.

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Baldoni Atty Faces LA Malpractice Suit Over Client 'Betrayal'

By Emily Sawicki

Entertainment attorney Bryan Freedman has been accused in Los Angeles County Superior Court of turning his back on a former client, allegedly convincing him to sign an unfavorable settlement on trademark claims against "It Ends With Us" star Justin Baldoni, only to later begin representing the actor and director.

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Calif. Supreme Court Justice Martin Jenkins To Retire

By James Mills

California Supreme Court Justice Martin J. Jenkins, the first openly gay man and the third African American man to sit on the bench, will retire at the end of October, the court announced Thursday.

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Weinstein Says Jurors Traded Threats, Tainting Verdict

By Cara Salvatore

Harvey Weinstein's legal team said his June sexual assault convictions were tainted by juror misconduct, including physical threats and an unfounded bribery claim, arguing in a motion for a new trial that a judge refused to properly investigate.

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COMPANIES IN TODAY'S NEWS

Akrimax Pharmaceuticals LLC

Allianz SE

Amazon.com Inc.

American Arbitration Association

American Family Association

American Tort Reform Association

Association for Accessible Medicines

Bayer AG

Becton Dickinson & Co.

Biotronik Inc.

CVS Health Corp.

Cargill Inc.

Cedars-Sinai Medical Center

Chewy Inc.

Cottrell Inc.

Democracy Forward Foundation

Democratic National Committee

Deva Holding AS

Ecofibre Ltd.

Elanco Animal Health Inc.

Federalist Society

Ferrari SpA

Gilead Sciences Inc.

Global Logistic Properties Ltd.

JPMorgan Chase & Co.

Johnson & Johnson

Live Nation Entertainment Inc.

Major League Baseball Inc.

Marriott International Inc.

Morgan Stanley

New Jersey Manufacturers Insurance Co.

Novo Nordisk A S

Nutrisystem Inc

Pacific Bells LLC

Parse Biosciences

PetMed Express Inc.

PetSmart Inc.

Petco Animal Supplies Inc.

Public Citizen Inc.

Rite Aid Corp.

Seattle Seahawks

Sigmapharm Laboratories LLC

Sun Pharmaceutical Industries Ltd.

Teva Pharmaceutical Industries Ltd.

The Catholic University of America

The New York Times Co.

Tivity Health Inc.

Vertiv Inc.

Werner Enterprises Inc.

WikiLeaks

LAW FIRMS IN TODAY'S NEWS

Aidala Bertuna

Allotta Farley

Arnold & Porter

Barrett Johnston

Bass Berry

Berry Silberberg

Blank Rome

Boies Schiller

Brown & James

CohenMalad

Cooley LLP

Coughlin Midlige

Crowell & Moring

Dykema

Fox Rothschild

Goodwin Procter

Gouchev Law

Gurewitz & Raben

Hagens Berman

Hart David Carson

Hilliard Shadowen

Holland & Knight

Hoover Hull

Isaacs & Friedberg

Jenner & Block

Kellogg Hansen

King & Spalding

Kirkland & Ellis

Klehr Harrison

Larson LLP

Liner Freedman

Lowell & Associates

Lowenstein Sandler

McGuireWoods

Morris Nichols

Morrison & Foerster

Munck Wilson

Nelson Mullins

Polsinelli PC

Richards Layton

Robbins Geller

Ropes & Gray

Sullivan & Cromwell

Tensegrity Law

Torys

Troutman

Upadhye Tang

Williams Dirks

WilmerHale

Wolf Greenfield

Yetter Coleman

Young Conaway

Zelle LLP

GOVERNMENT AGENCIES IN TODAY'S NEWS

California Supreme Court

Central Intelligence Agency

Delaware Court of Chancery

Federal Bureau of Investigation

Federal Housing Finance Agency

Food and Drug Administration

Georgia Court of Appeals

Manhattan District Attorney's Office

Michigan Department of Health and Human Services

Michigan Supreme Court

New Jersey Supreme Court

New York Attorney General's Office

New York County District Attorney's Office

New York State Department of State

New York Supreme Court, New York County

Patent Trial and Appeal Board

Texas Supreme Court

U.S. Attorney's Office for the Eastern District of North Carolina

U.S. Attorney's Office for the Eastern District of Virginia

U.S. Court of Appeals for the Fourth Circuit

U.S. Court of Appeals for the Ninth Circuit

U.S. Department of Health and Human Services

U.S. Department of Justice

U.S. District Court for the District of Delaware

U.S. District Court for the District of South Carolina

U.S. District Court for the Eastern District of Michigan

U.S. District Court for the Eastern District of Virginia

U.S. District Court for the Middle District of Tennessee

U.S. District Court for the Northern District of California

U.S. District Court for the Southern District of New York

U.S. House of Representatives

U.S. Senate

U.S. Supreme Court

United Nations

United States District Court for the Southern District of Indiana