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Life Sciences
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January 27, 2025
Novo Nordisk's Obesity Drug Study Allegedly Duped Investors
Novo Nordisk was hit with a proposed securities class action in New Jersey federal court Friday, accusing the drugmaker of duping investors about its new weight loss drug CagriSema by failing to disclose that obesity patients were taking different dosages in a clinical study, which allegedly skewed results.
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January 27, 2025
Cencora CLO's Pay Package Nearly Doubled In 2024
The chief legal officer of Cencora Inc. received a $3 million stock boost that raised her total compensation in 2024 to nearly double the previous year.
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January 27, 2025
Justices Turn Away Venue Row In Zantac Carcinogen Claims
The U.S. Supreme Court on Monday declined to review the Second Circuit's split decision that Connecticut state court is the right venue for consolidated claims brought against multiple pharmaceutical companies over alleged carcinogens in heartburn medication Zantac.
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January 25, 2025
Trump Revives Federal Anti-Abortion Policies
President Donald Trump issued two executive orders Friday targeting abortion inside and outside the United States, reinstating a ban on federal funding for certain international family planning groups and revoking a pair of Biden-era directives supporting abortion access.
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January 24, 2025
Intuitive Doesn't Owe 'Free-Riding' Firm $140M, Expert Says
Robotic surgery pioneer Intuitive Surgical isn't a monopolist since it competes with other surgery options and a "free-riding" surgical repair company isn't due up to $140 million in profits allegedly lost due to Intuitive blocking its unauthorized part-refurbishment service, an economist testified Friday in a California antitrust trial.
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January 24, 2025
Senate Bill Not Seen As Death Knell For Skinny Label Suits
A Senate bill aiming to protect generic-drug makers from patent suits when using so-called skinny labels could give the law more clarity if passed, but it likely wouldn't halt such cases since they involve issues that are more complex than lawmakers may realize, attorneys say.
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January 24, 2025
Pfizer To Pay $59M Over Unit's Migraine Drug Kickbacks
The U.S. Department of Justice announced Friday that Pfizer has agreed in New York federal court to pay $59.7 million to resolve allegations that one of its subsidiaries caused false Medicare claims by paying kickbacks to physicians to induce prescriptions of migraine drug Nurtec ODT.
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January 24, 2025
Justices To Clarify Article III Standing For Certified Classes
The U.S. Supreme Court granted LabCorp's request on Friday to clarify federal law regarding whether district courts can certify class actions when some members of the proposed class may lack a cognizable injury in fact.
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January 24, 2025
Ill. Justices OK Workers' Injury Suits Over Dormant Diseases
The Illinois Supreme Court answered the Seventh Circuit's call on Friday to clarify the state's Workers' Occupational Diseases Act in a widow's wrongful death lawsuit against Goodrich Corp., finding the statute can apply to claims for asbestos-related cancer and other diseases that manifest belatedly despite the statute's other temporal restrictions.
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January 24, 2025
Del. Justices Reject Investor Suit Over Dropped Drug Prospect
Delaware's Supreme Court on Friday upheld a Court of Chancery decision dismissing a Ception Therapeutics Inc. stockholder suit alleging breaches of an agreement to use commercially reasonable efforts before Cephalon Inc., which acquired Ception, and Teva Pharmaceuticals USA Inc. abandoned a new drug prospect.
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January 24, 2025
IVF Patients Want CooperSurgical Embryo Loss Suits Joined
Four product liability lawsuits targeting the maker of recalled culture media for in vitro fertilization should be consolidated and sent to the Connecticut Superior Court's complex litigation docket, the parties have agreed, but defendant CooperSurgical Inc. wants them kept out of Stamford.
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January 24, 2025
Biotech Co. Defends Antitrust Counterclaims Against Rival
Biotech company Zymo Research Corp. is defending its claims that German diagnostic competitor Qiagen GmbH's infringement suit is nothing more than an attempt to discredit a competitor, saying Zymo offered to prove it wasn't ripping off Qiagen's tech, only to have Qiagen bury "its head in the sand" and file suit.
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January 24, 2025
Venture-Backed IPO Recovery Could Be Muted, Report Says
The expected recovery for venture-backed initial public offerings in 2025 will likely be muted, a capital markets research firm said Friday, given investors' persistent concerns about valuation and delayed interest rate cuts that may not happen until midyear.
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January 23, 2025
Intuitive Judge Walks Back 'Inappropriate' Witness Instruction
Counsel for Intuitive Surgical objected Thursday to a California federal judge's "inappropriate instruction" to a witness testifying in a trial over allegations it abused its market power by blocking hospitals from using a refurbished part for its surgery robot, prompting the judge to walk back the direction.
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January 23, 2025
4th Circ. Reads Kickback Law Broadly In Loss For Big Pharma
The Fourth Circuit on Thursday affirmed a Virginia federal judge's ruling against a pharmaceuticals industry-backed charity looking to weaken the Anti-Kickback Statute, holding that a proposed program for helping patients cover the cost of drugs could indeed constitute a quid pro quo.
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January 23, 2025
GoodRx, PBMs Sued Over Alleged Generics Price-Fix Scheme
GoodRx and pharmacy benefit managers, including CVS Caremark and Express Scripts, formed a "cartel" to execute a price-fixing scheme by sharing pricing information and agreeing not to outbid each other for reimbursement rates paid to pharmacies for generic drugs, alleges a proposed class action filed Wednesday in California federal court.
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January 23, 2025
Unsigned Bladder Drug Patent Deal Not Binding, Judge Rules
A federal judge has rejected Astellas Pharma's request to enforce a purported settlement with MSN Pharmaceuticals in a patent dispute over MSN's planned generic version of an overactive bladder drug, holding that the deal is not binding because MSN never signed it.
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January 23, 2025
Ex-J&J Exec Accused Of File Theft Has Died, Court Told
A former competitive strategy director for Johnson & Johnson accused of stealing confidential files when he left the company to work for Pfizer has died, according to a court filing.
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January 23, 2025
GenapSys Says Paul Hastings Can't Keep Privileged Docs
GenapSys is pushing back on Paul Hastings LLP's bid to force it to turn over documents that it had inadvertently released during discovery in a legal malpractice suit alleging that the law firm improperly drafted board documents that led to the "demise and liquidation" of the genetic-sequencing company.
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January 23, 2025
Exactech Seeks Bonuses For Top Execs For Ch. 11 Sale
Bankrupt medical implant manufacturer Exactech asked a Delaware bankruptcy judge Thursday for permission to pay up to $5 million in bonuses to its top executives, saying they are performing necessary work for the company's sale plans.
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January 23, 2025
15 States Reach $7.4B Settlement With Sackler Family
A bipartisan coalition of states on Thursday announced a $7.4 billion settlement in principle with the Sackler family and their company Purdue Pharma Inc., representing the largest settlement to date with the family accused of contributing significantly to the opioid epidemic.
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January 22, 2025
Intuitive Chief Rejects Da Vinci Robot Market Monopoly Claim
Intuitive Surgical's president testified Wednesday in a $140 million California federal antitrust trial over claims the da Vinci surgical robot maker abuses its market power by blocking hospitals from having third parties refurbish a crucial robot component, saying there's no monopoly since Intuitive competes with traditional and laparoscopic surgery offerings.
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January 22, 2025
Fla. Court Proposes $19M In Damages In Spinal Products Suit
A Florida federal judge has recommended that the principal of spine medical equipment companies pay $19.3 million in damages after allegedly breaching an agreement and forming a direct competitor to a business he previously contracted with for exclusive distribution of its products.
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January 22, 2025
Drug Co. Wants To Keep Judge On Alopecia IP Case
The developer behind an Eli Lilly & Co. alopecia drug has called allegations the company's lawyers deliberately hired a New Jersey federal judge's former law clerk both "low and baseless" and a "transparent attempt to remove the judge who decided against it."
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January 22, 2025
RFK Filings Show Biopharma Stakes, Millions In Firm Income
Robert F. Kennedy Jr. plans to sell off his stakes in two biopharmaceutical companies and step back from lucrative roles at a handful of law firms if he is confirmed to lead the U.S. Department of Health and Human Services, according to new financial disclosures.
Expert Analysis
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Firms Still Have The Edge In Lateral Hiring, But Buyer Beware
Partner mobility data suggests that the third quarter of this year continued to be a buyer’s market, with the average candidate demanding less compensation for a larger book of business — but moving into the fourth quarter, firms should slow down their hiring process to minimize risks, say officers at Decipher Investigative Intelligence.
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What 2024 Election Means For Drugs, Medicare And Medicaid
With Republicans running the White House, U.S. House of Representatives and U.S. Senate, the incoming administration is likely to provide pathways — through new initiatives and others returning from Trump's previous presidency — for a range of potential changes to drug pricing, Medicare and Medicaid, say attorneys at Morgan Lewis.
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Think Like A Lawyer: 1 Type Of Case Complexity Stands Out
In contrast to some cases that appear complex due to voluminous evidence or esoteric subject matter, a different kind of complexity involves tangled legal and factual questions, each with a range of possible outcomes, which require a “sliding scale” approach instead of syllogistic reasoning, says Luke Andrews at Poole Huffman.
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What Bisphenol S Prop 65 Listing Will Mean For Industry
The imminent addition of bisphenol S — a chemical used in millions of products — to California's Proposition 65 list will have sweeping compliance and litigation implications for companies in the retail, food and beverage, paper, manufacturing and personal care product industries, say attorneys at Alston & Bird.
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Fed. Circ. Ruling Shows Importance Of Trial Expert Specificity
The Federal Circuit’s recent ruling in NexStep v. Comcast highlights how even a persuasive expert’s failure to fully explain the basis of their opinion at trial can turn a winning patent infringement argument into a losing one, say attorneys at Barnes & Thornburg.
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Think Like A Lawyer: Note 3 Simple Types Of Legal Complexity
Cases can appear complex for several reasons — due to the number of issues, the volume of factual and evidentiary sources, and the sophistication of those sources — but the same basic technique can help lawyers tame their arguments into a simple and persuasive message, says Luke Andrews at Poole Huffman.
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Justices Mull Sex-Based Classification In Trans Law Case
After the U.S. Supreme Court heard oral argument in U.S. v. Skrmetti this week, it appears that the fate of the Tennessee law at the center of the case — a law banning gender-affirming healthcare for transgender adolescents — will hinge on whether the majority read the statute as imposing a sex-based classification, says Alexandra Crandall at Dickinson Wright.
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Series
Gardening Makes Me A Better Lawyer
Beyond its practical and therapeutic benefits, gardening has bolstered important attributes that also apply to my litigation practice, including persistence, patience, grit and authenticity, says Christopher Viceconte at Gibbons.
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Litigation Inspiration: Reframing Document Review
For attorneys — new ones especially — there is much fulfillment to find in document review by reflecting on how important, interesting and pleasant it can be, says Bennett Rawicki at Hilgers Graben.
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Key Takeaways From FDA's Latest Social Media Warnings
The U.S. Food and Drug Administration's latest untitled letter concerning a drug company's social media promotion provides lessons for how companies should navigate risk presentation, FDA labeling requirements and superiority claims, say attorneys at Sheppard Mullin.
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Expect More State Scrutiny Of PE In Healthcare M&A
While a California bill that called for increased antitrust scrutiny of many healthcare private equity transactions was recently vetoed by the governor, state legislatures are likely to continue introducing similar laws, particularly if the Trump administration eases federal enforcement, say attorneys at Morgan Lewis.
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Declaring Unexpected Results: Pitfalls For Rule 132 At PTAB
Rule 132 declarations are frequently used in life sciences patent prosecution for rebutting obviousness rejections by establishing that an applicant's invention produces unexpected results, and the Patent Trial and Appeal Board's Eidschun ruling highlights when this important tool may be ineffective, say attorneys at Morrison Foerster.
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IP Ruling Likely To Limit Arguments Against Qualified Experts
The Federal Circuit's recent decision in Osseo v. Planmeca, clarifying when experts may offer testimony from the perspective of a skilled artisan, provides helpful guidance on expert qualifications and could quash future timing arguments regarding declarants' expertise, says Whitney Jenkins at Marshall Gerstein.
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How Boards And Officers Should Prep For New Trump Admin
In anticipation of President-elect Donald Trump's proposed tariffs and mass deportation campaign, company officers and board members should pursue proactive, comprehensive contingency planning to not only advance the best interests of the companies they serve, but to also properly exercise their fiduciary duty of care, say attorneys at Winston & Strawn.
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Dissecting The Obviousness-Type Double Patenting Debate
The Federal Circuit's recent decision in Allergan v. MSN highlights the ongoing evolution of the obviousness-type double patenting doctrine, revealing increasing tension between expiration-based interpretations and procedural flexibility, says Jeremy Lowe at Leydig Voit.