Life Sciences

  • October 02, 2024

    Amarin Says Sky Isn't About To Fall In Skinny Labels Fight

    Amarin Pharma Inc., the maker of the cardiovascular drug Vascepa, has defended a Federal Circuit decision reviving its skinny label patent case against a rival U.K. drugmaker, telling the appeals court that the sky is not "going to fall on the generic pharmaceutical industry."

  • October 02, 2024

    Doctor Cops To Dealing Ketamine That Killed Matthew Perry

    A physician pled guilty in California federal court Wednesday to helping supply the ketamine that killed "Friends" star Matthew Perry, including by providing illegally obtained vials of the drug for Perry's personal assistant to administer at home.

  • October 02, 2024

    Dental Laser Maker Biolase Hits Ch. 11 With $33M In Debt

    Biolase, a manufacturer of lasers used in dental procedures, is seeking bankruptcy protection in Delaware, and has disclosed roughly $33 million in debt and a $14 million stalking horse offer for its assets, citing financial challenges that it said stemmed from slow market adoption of new technology and economic headwinds.

  • October 02, 2024

    Supplement Co. Hits Back At TM Suit, Alleges Fake Reviews

    Supplement-maker Nutranext Business LLC failed to disclose that a doctor promoting its products is a paid influence, artificially inflated its positive reviews on Amazon and misrepresented a study that purports to show the benefits of using its products, according to new counterclaims filed by a competitor it sued for trademark infringement.

  • October 02, 2024

    GNC Wins $45M In Awards Against Asian Franchisees

    GNC Holdings LLC has said the International Centre for Dispute Resolution informed the health and wellness company of nearly $45 million it has won in arbitral awards against franchisees located in Singapore and the Philippines.

  • October 02, 2024

    Fla. Atty Disbarred For Abandoning Pharma Biz Before USPTO

    The Florida Supreme Court on Wednesday disbarred an attorney for taking on intellectual property work for a pharmaceutical company only to later cease communications and keep the business in the dark about maintenance fees, causing its patents to expire.

  • October 02, 2024

    ExecuPharm Agrees To Pay Ransomware Victims $10K Each

    U.S. pharmaceutical giant ExecuPharm will pay victims of a data breach up to $10,000 in reimbursements, compensation for lost time, three years of credit monitoring, and $675,000 in attorney fees after a Pennsylvania federal judge gave his final approval to a class action settlement.

  • October 02, 2024

    Teva Sales Workers Get $2.7M Unpaid OT Deal Approved

    A New Jersey federal judge greenlighted a $2.7 million settlement that resolves a suit from a collective of sales specialists who accused pharmaceutical company Teva of unlawfully denying them overtime wages during an extended training program.

  • October 01, 2024

    From AI To Enviro: The Top Biz Bills Calif. Gov. Inked Into Law

    California Gov. Gavin Newsom signed hundreds of bills into law ahead of an Oct. 1 deadline, meaning major changes are on the horizon for employers, tech companies, healthcare providers and others doing business in the Golden State.

  • October 01, 2024

    9th Circ. Cites 'Sunscreen' Song In Reviving Banana Boat Suit

    The Ninth Circuit on Tuesday revived a proposed class action claiming Banana Boat sunscreen contains unsafe levels of benzene, citing a one-hit wonder from an Academy Award nominated director and saying a lower court judge erred by prematurely resolving disputed issues of fact and the merits of the consumer case.

  • October 01, 2024

    Judge Backs Louisiana 340B Law In Loss For Pharma Lobby

    A Louisiana federal court has issued a sweeping loss to Big Pharma's top lobbying group and two pharmaceutical companies that argued a state law improperly expands the scope of the federal drug discount program.

  • October 01, 2024

    Activists Sue Ark. Officials Over Medical Pot Ballot Measure

    Activists attempting to put a measure that would expand medical marijuana access in Arkansas on the ballot brought a lawsuit against John Thurston, the state's secretary of state, on Tuesday, one day after he said that the campaign did not have enough signatures to qualify for the ballot.

  • October 01, 2024

    Ex-CBD Exec Must Face SEC Fraud Suit Over $13M Deal

    The U.S. Securities and Exchange Commission sufficiently backed its claims that a former cannabidiol products executive misled investors, including by making false statements in press releases, a Connecticut federal judge has ruled.

  • October 01, 2024

    DOJ Says It Is Constitutional To Disarm Pot Patients

    The U.S. Department of Justice told a Pennsylvania federal judge Tuesday that a federal policy barring medical marijuana patients from lawfully possessing firearms is constitutional, and it urged the court to dismiss a legal challenge to the statute.

  • October 01, 2024

    Amgen Must Face Suit It Misled Investors On $10.7B Tax Bill

    Amgen lost an attempt to escape a potential class action claiming the pharmaceutical giant hid a $10.7 billion tax bill from investors after a New York federal court ruled there was sufficient evidence for the action to proceed.

  • October 01, 2024

    Biotech Investors Reach $32.5M Deal Over Failed COVID Test

    A class of Talis Biomedical Corp. investors accusing the company of inflating their stock price in the run-up to its IPO and then failing to launch a COVID-19 diagnostic test asked a California federal judge on Monday to preliminarily approve their $32.5 million settlement, citing Talis' shrinking cash reserves and imminent plans to file for bankruptcy.

  • October 01, 2024

    WilmerHale Lands Latham Life Sciences Ace In Bay Area

    WilmerHale has brought on a second former Latham & Watkins LLP partner this year to its life sciences practice in its Palo Alto, California, office, strengthening the firm with an attorney who helped lead the team that guided public biopharmaceutical company BridgeBio Pharma to raise up to $1.25 billion in capital in January.

  • October 01, 2024

    Nostrum Labs Hits Ch. 11 A Year After Medicaid Settlement

    Nostrum Laboratories, a New Jersey drugmaker that paid millions to settle allegations that it underpaid Medicaid drug rebates for its bladder infection drug after it hiked the price more than 400%, filed for Chapter 11 protection with nearly $68.3 million in debt.

  • September 30, 2024

    Takeda End Payors, Direct Buyers Win Antitrust Class Cert.

    A New York federal judge Monday adopted a magistrate judge's recommendation to certify two classes of direct purchasers and end payors in consolidated antitrust actions accusing Takeda Pharmaceuticals Co. of unlawfully inflating the price of its diabetes treatment Actos by delaying entry of generic alternatives.

  • September 30, 2024

    Wheeling & Appealing: The Latest Must-Know Appellate Action

    The year's spookiest month is looking scary-good for appellate aficionados, as famed oral advocates joust in October over net neutrality and Uber's extraordinary bid to unravel multidistrict litigation — just two of the high-profile arguments previewed in this edition of Wheeling & Appealing. October also begins with former President Jimmy Carter turning 100, and we'll test your knowledge of his profound impact on the judiciary.

  • September 30, 2024

    Consumer 'Overslept' On Some Drowsy Cough Syrup Claims

    An Illinois federal judge said Monday a consumer can continue her suit alleging Tussin cough syrup's "non-drowsy" label is deceptive because the syrup made her sleepy, but ruled she waited too long to pursue warranty breach claims.

  • September 30, 2024

    Bristol-Myers Beats Celgene Investors' Drug Delay Suit

    A New York federal judge on Monday tossed UMB Bank's claims that Bristol-Myers Squibb improperly delayed U.S. Food and Drug Administration approval of a cancer treatment to avoid paying shareholders $6.4 billion owed from a 2019 acquisition of Celgene Corp., saying the bank lacked standing to sue.

  • September 30, 2024

    J&J Backs Off 340B Rebate Plan Following Feds' Objections

    Johnson & Johnson abandoned its plan Monday to offer rebates rather than upfront discounts for two medications under the 340B drug pricing law, contending it had no choice after a federal agency threatened to impose excessive penalties.

  • September 30, 2024

    Generic-Drug Co. Says To Think Again About 'Double Patenting'

    An Indian generic-drug maker wants the whole Federal Circuit to take a closer look at the issue of "double patenting," telling it that a recent panel ruling mistakenly breathed new life into pharmaceutical patents covering an anti-diarrhea drug.

  • September 30, 2024

    Medical Device Co. Wins $25M Verdict In Poaching Trial

    Medical device company Cynosure has won a $25 million jury award following a weekslong trial in Massachusetts federal court on its claims that a rival business raided its sales and marketing talent and caused the employees to breach their noncompete and nonsolicitation agreements.

Expert Analysis

  • And Now A Word From The Panel: The MDL Map

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    An intriguing yet unpredictable facet of multidistrict litigation practice is venue selection for new MDL proceedings, and the Judicial Panel on Multidistrict Litigation considers many factors when it assigns an MDL venue, says Alan Rothman at Sidley Austin.

  • Navigating Restrictions Following Biotech Bill House Passage

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    Ahead of the BIOSECURE Act’s potential enactment, companies that obtain equipment from certain Chinese biotechnology companies should consider whether the act would restrict their ability to enter into contracts with the U.S. government and what steps they might take in response, say attorneys at Ropes & Gray.

  • Why Now Is The Time For Law Firms To Hire Lateral Partners

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    Partner and associate mobility data from the second quarter of this year suggest that there's never been a better time in recent years for law firms to hire lateral candidates, particularly experienced partners — though this necessitates an understanding of potential red flags, say Julie Henson and Greg Hamman at Decipher Investigative Intelligence.

  • A Look At The Economic Impact Of Drug Patent Differentiation

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    Given the Federal Trade Commission’s recent emphasis on unfair competition based on disputed patent listings, pharmaceutical market participants are likely to require nuanced characterizations of actual and but-for market competition when multiple patents differentiate multiple products, say economists at Competition Dynamics.

  • Considering Possible PR Risks Of Certain Legal Tactics

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    Disney and American Airlines recently abandoned certain litigation tactics in two lawsuits after fierce public backlash, illustrating why corporate counsel should consider the reputational implications of any legal strategy and partner with their communications teams to preempt public relations concerns, says Chris Gidez at G7 Reputation Advisory.

  • It's No Longer Enough For Firms To Be Trusted Advisers

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    Amid fierce competition for business, the transactional “trusted adviser” paradigm from which most firms operate is no longer sufficient — they should instead aim to become trusted partners with their most valuable clients, says Stuart Maister at Strategic Narrative.

  • Vertex Suit Highlights Issues For Pharma Fertility Support

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    Vertex Pharmaceuticals' recent lawsuit challenging the U.S. Department of Health and Human Services' interpretation of the Anti-Kickback Statute is influenced by a number of reproductive rights and health equity issues that the Office of Inspector General should address more concretely, including in vitro fertilization and fertility preservation programs, says Mary Kohler at Kohler Health Law.

  • Opinion

    CMS' New 'Breakthrough' Device Policy Shows Little Promise

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    The Centers for Medicare & Medicaid Services’ recent procedural notice outlining a new Medicare coverage pathway for breakthrough medical devices will, at best, be a failed experiment and, at worst, result in Medicare beneficiaries denied access to innovative treatments, say attorneys at King & Spalding.

  • New Lessons On Managing Earnout Provision Risks

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    Earnout provisions can be a useful tool for bridging valuation gaps in M&A, particularly in developmental-stage pharmaceutical transactions, but the Delaware Chancery Court’s recent decision in Shareholder Representative Services v. Alexion sheds new light on the inherent risks and best practices for managing them, say attorneys at Cleary.

  • 3 Patent Considerations For America's New Quantum Hub

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    Recent developments signal an incredibly bright future for Chicago as the new home of quantum computing, and it is crucial that these innovators — whose technology has the potential to transform many industries — prioritize intellectual property strategy, says Andrew Velzen at McDonnell Boehnen.

  • A Preview Of AI Priorities Under The Next President

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    For the first time in a presidential election, both of the leading candidates and their parties have been vocal about artificial intelligence policy, offering clues on the future of regulation as AI continues to advance and congressional action continues to stall, say attorneys at Mintz.

  • How Companies Are Approaching Insider Trading Policies

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    An analysis of insider trading policies recently disclosed by 49 S&P 500 companies under a new U.S. Securities and Exchange Commission rule reveals that while specific provisions vary from company to company, certain common themes are emerging, say attorneys at Gibson Dunn.

  • 11 Patent Cases To Watch At Fed. Circ. And High Court

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    As we head into fall, there are 11 patent cases to monitor, touching on a range of issues that could affect patent strategy, such as biotech innovation, administrative rulemaking and patent eligibility, say Edward Lanquist and Wesley Barbee at Baker Donelson.

  • Opinion

    3rd. Circ. Got It Right On Cancer Warning Claims Preemption

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    The Third Circuit's recent, eminently sensible ruling in a failure-to-warn case against Roundup manufacturer Monsanto, holding that the Federal Insecticide, Fungicide and Rodenticide Act preempts state law claims, provides a road map that other courts should adopt, says Lawrence Ebner at the Atlantic Legal Foundation.

  • Opinion

    To Lower Drug Prices, Harris Must Address Patent Thickets

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    If Vice President Kamala Harris is serious about her pledge to address high drug prices, she must begin by closing loopholes that allow pharmaceutical companies to develop patent thickets that can deter generic or biosimilar companies from entering the market, says Tahir Amin at the Initiative for Medicines, Access & Knowledge.

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