Life Sciences

  • 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.

  • 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.

  • 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.

  • 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.

  • 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.

  • 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.

  • 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.

  • 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.

  • 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.

  • 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.

  • 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.

  • 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.

  • 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.

  • 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.

  • 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.

  • 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.

  • 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.

  • 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.

  • 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.

  • 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."

  • 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.

  • January 22, 2025

    Fed. Circ. Stays Order Delisting Teva Inhaler Patents

    Federal Circuit judges have agreed to hold off on immediately delisting patents that cover components of a Teva asthma inhaler from the U.S. Food and Drug Administration's Orange Book after the Israeli drugmaker said doing so would have "seismic" legal consequences and should be reviewed by the full court.

  • January 22, 2025

    Vanda Loses Takings Clause Arguments In Trade Secret Fight

    A Court of Federal Claims judge has held that specifications on how fast Vanda Pharmaceuticals' drugs dissolve do not count as property interest under the Fifth Amendment, handing a loss to the pharmaceutical company in its trade secrets case against the federal government.

  • January 22, 2025

    No New Trial For Tevra's Flea, Tick Meds Suit Against Bayer

    A California federal judge refused to give Tevra Brands LLC a do-over on allegations that Bayer used exclusive contracts to anticompetitively lock up the market for flea and tick treatments for dogs, finding the veterinary drugmaker was just rehashing previously rejected arguments attacking a key expert witness.

  • January 22, 2025

    Pharma Co. Says Ex-CEO's Alleged Misconduct Is Not Fraud

    Artificial intelligence-driven pharmaceutical company Exscientia PLC has asked a New Jersey federal court to toss a suit alleging it is responsible for share price declines following the termination of its CEO after claims emerged he participated in inappropriate relationships with employees, arguing the alleged misconduct is not securities fraud.

Expert Analysis

  • Firms Must Offer A Trifecta Of Services In Post-Chevron World

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    After the U.S. Supreme Court’s Loper Bright Enterprises v. Raimondo decision overturning Chevron deference, law firms will need to integrate litigation, lobbying and communications functions to keep up with the ramifications of the ruling and provide adequate counsel quickly, says Neil Hare at Dentons.

  • Takeaways From UPC's Amgen Patent Invalidity Analysis

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    The Unified Patent Court Central Division's decision in Regeneron v. Amgen to revoke a patent for lack of inventive step is particularly clear in its reasoning and highlights the risks to patentees of the new court's central revocation powers, say Jane Evenson and Caitlin Heard at CMS.

  • 5 Ways Life Sciences Cos. Can Manage Insider Trading Risk

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    In light of two high-profile insider trading jury decisions against life sciences executives this year, public companies in the sector should revise their policies to account for regulators' new and more expansive theories of liability, says Amy Walsh at Orrick.

  • 5 Tips To Succeed In A Master Of Laws Program And Beyond

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    As lawyers and recent law school graduates begin their Master of Laws coursework across the country, they should keep a few pointers in mind to get the most out of their programs and kick-start successful careers in their practice areas, says Kelley Miller at Reed Smith.

  • Bayer Antitrust Case Hinged On Evolving Market Definition

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    Generic flea and tick medication manufacturer Tevra's evolving market definition played a key role in the development and outcome of its five-year antitrust litigation against Bayer Healthcare, highlighting challenges that litigants may face when a proposed definition is assessed at trial, say Amy Vegari and Colleen Anderson at Patterson Belknap.

  • IP Hot Topic: The Intersection Of Trademark And Antitrust Law

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    Antitrust claims – like those in the U.S. Department of Justice’s recent case against Apple – are increasingly influencing trademark disputes and enforcement practices, demonstrating how antitrust law can dilute the power of a trademark, say attorneys at Dentons.

  • Series

    Being An Opera Singer Made Me A Better Lawyer

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    My journey from the stage to the courtroom has shown that the skills I honed as an opera singer – punctuality, memorization, creativity and more – have all played a vital role in my success as an attorney, says Gerard D'Emilio at GableGotwals.

  • What Drug Cos. Must Know About NY Price Transparency Law

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    Drug manufacturers must understand the contours of New York's recently implemented law requiring self-reporting of drug price increases, as well as best practices for compliance and challenges against similar laws in other states, say Elizabeth Bierut and Angie Garcia at Friedman Kaplan.

  • How Law Firms Can Avoid 'Collaboration Drag'

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    Law firm decision making can be stifled by “collaboration drag” — characterized by too many pointless meetings, too much peer feedback and too little dissent — but a few strategies can help stakeholders improve decision-making processes and build consensus, says Steve Groom at Miles Mediation.

  • What BIPA Reform Law Means For Biometrics Litigation

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    A recently signed Illinois law amending the Biometric Information Privacy Act limits defendants' liability exposure on a per-scan basis and clarifies that electronic signatures constitute a valid written release, establishing additional issues that courts will need to address in future BIPA litigation, say attorneys at Faegre Drinker.

  • Opinion

    Litigation Funding Disclosure Key To Open, Impartial Process

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    Blanket investor and funding agreement disclosures should be required in all civil cases where the investor has a financial interest in the outcome in order to address issues ranging from potential conflicts of interest to national security concerns, says Bob Goodlatte, former U.S. House Representative for Virginia.

  • The Licensure Landscape For Psychedelics Manufacturers

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    As the need for bulk manufacturing of psychedelic substances grows, organizations aiming to support clinical trials or become commercial suppliers must navigate a rigorous and multifaceted journey to obtaining a license from the U.S. Drug Enforcement Administration, say Kimberly Chew at Husch Blackwell and Jaime Dwight at Promega Corp.

  • What NFL Draft Picks Have In Common With Lateral Law Hires

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    Nearly half of law firm lateral hires leave within a few years — a failure rate that is strikingly similar to the performance of NFL quarterbacks drafted in the first round — in part because evaluators focus too heavily on quantifiable metrics and not enough on a prospect's character traits, says Howard Rosenberg at Baretz+Brunelle.

  • Replacing The Stigma Of Menopause With Law Firm Support

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    A large proportion of the workforce is forced to pull the brakes on their career aspirations because of the taboo surrounding menopause and a lack of consistent support, but law firms can initiate the cultural shift needed by formulating thoughtful workplace policies, says Barbara Hamilton-Bruce at Simmons & Simmons.

  • Class Actions At The Circuit Courts: August Lessons

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    In this month's review of class action appeals, Mitchell Engel at Shook Hardy considers certification cases touching on classwide evidence of injury from debt collection practices, defining coupon settlements under the Class Action Fairness Act, proper approaches for evaluating attorney fee awards in class action settlements, and more.

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