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Life Sciences
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February 12, 2025
Aurion Tells Del. Justices IPO Delayed Amid Investor Battle
Cell therapy venture Aurion Biotech told Delaware's Supreme Court on Wednesday that it has delayed a planned initial public offering now at the center of an appeal from a January Court of Chancery ruling that rejected a top investor's challenge to a reverse stock split.
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February 12, 2025
Labcorp Can't Score New Trial After $384M Patent Loss
Clinical lab giant Labcorp has failed to land a new trial in front of U.S. District Judge Alan Albright after a $384.4 million patent infringement judgment against it in a case over a method for testing for genetic disorders during pregnancy.
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February 12, 2025
Paraquat Plaintiffs Urge 7th Circ. To Revive MDL Suits
Four plaintiffs who were set for bellwether trials in multidistrict litigation targeting the herbicide paraquat argued Wednesday that the Seventh Circuit should unwind their summary judgment losses because the district court's ruling was based on "core misunderstandings" about their expert's evidentiary requirements.
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February 12, 2025
RI Judge Won't Pause Order To Unfreeze Funds Amid Appeal
A Rhode Island federal judge refused Wednesday to pause a court order blocking a freeze on funding for federal grants and programs while the Trump administration appeals the ruling to the First Circuit.
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February 12, 2025
Ga. Judge Trims Untimely Paragard IUD Claims From MDL
The Georgia federal judge overseeing the sprawling multidistrict litigation over alleged defects in Paragard intrauterine devices agreed Tuesday to dismiss as untimely dozens of claims against Teva Pharmaceutical and Cooper Cos. from patients in eight states.
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February 12, 2025
Boston's Opioid Damages Claims Tossed As Too Late
Boston waited too long to sue a group of drug benefits intermediaries over their alleged roles in the opioid crisis, a Massachusetts federal judge said in dismissing the city's complaint Tuesday.
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February 11, 2025
Wash. Health Privacy Law Debuts In Amazon Tracking Suit
A Washington resident has launched the first claims under the state's groundbreaking health privacy law, as part of a proposed class action accusing Amazon of unlawfully harvesting location data from tens of millions of mobile phone users through third-party apps that are running the company's software development kit.
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February 11, 2025
Medtronic, Axonics Agree To End Bladder Control Patent Fight
A California federal judge on Tuesday agreed to permanently dismiss Medtronic's long-running dispute accusing Axonics of infringing its patents related to its bladder and bowel control device, three months after Medtronic sought a new trial in the case following a verdict where a federal jury found no infringement by Axonics.
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February 11, 2025
Kratom Producers Hid 'Addictive' Risks, Consumers Say
Companies that make kratom are facing a proposed class action in New York federal court over sales of kratom, standing accused of not disclosing that the substance is just as addictive as opioids.
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February 11, 2025
Teva Says Mixed Coreg Rulings Undermine GSK Damages Bid
Teva Pharmaceuticals has urged a Delaware federal judge to reject GlaxoSmithKline's request to enhance a $235 million infringement award over a skinny label version of GSK's cardiovascular drug Coreg, saying judges at all levels of courts made clear the case wasn't open and shut.
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February 11, 2025
J&J Allies Dub Milestone Fee Reversal 'Crucial' To Del.
The National Association of Manufacturers pushed back Tuesday against Fortis Advisors LLC opposition to a NAM amicus brief seeking Delaware Supreme Court reversal of a medical robotics developer's $1 billion merger milestone damage award after its acquisition by Johnson & Johnson.
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February 11, 2025
Novo Nordisk Mostly Escapes Insulin Pen Contamination Suit
Novo Nordisk has, for now, beaten much of a Connecticut-based hospital's federal lawsuit seeking to hold it financially responsible for the $1 million settlement the hospital paid to patients potentially exposed to blood-borne infections after the medical staff used the pharma company's product.
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February 11, 2025
MSN Urges Fed. Circ. To Reinvalidate Novartis' Entresto IP
A Delaware federal judge properly invalidated a patent covering Novartis Pharmaceuticals' blockbuster cardiovascular drug Entresto for lacking written description, and a panel should never have overridden him, MSN Pharmaceuticals told the full Federal Circuit seeking a rehearing.
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February 11, 2025
Split 3rd Circ. Keeps Merck Vaccine Antitrust Panel Immunity
The full Third Circuit refused to reconsider a ruling that immunized Merck & Co. from antitrust claims over submissions it made to federal regulators for its mumps vaccine, over the objection of a trio of appellate judges.
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February 11, 2025
Research Org Faces Investor Suit Over Customer Cost-Cutting
Clinical research organization Icon PLC has been hit with a proposed shareholder class action in New York federal court, alleging it misled investors about a slowdown in demand the company experienced due to customers implementing drastic cost-reduction measures that involved research and development expenditures.
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February 11, 2025
A 'Disaster For Science': Universities Sue Over NIH Grant Cap
Research universities and higher education organizations on Tuesday requested an order from a Massachusetts federal court to halt the Trump administration from capping indirect costs for grants from the National Institutes of Health, one day after a separate Bay State federal judge paused the change from taking effect in a case brought by a group of state attorneys general.
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February 11, 2025
CVS, Aetna Escape Testing Lab's $20.6M Unpaid Invoices Suit
A Connecticut federal judge threw out a testing laboratory's lawsuit seeking $20.6 million in unpaid invoices from Aetna Inc. and its owner CVS Health Corp., saying the complaint lacked detail and left the companies "guessing" which allegations corresponded to which claims.
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February 11, 2025
DC Judge Orders Restoration Of Public Health Webpages
A D.C. federal judge on Tuesday ordered federal agencies to revive public health webpages and datasets taken offline as part of the Trump administration's effort to root out references to "gender ideology."
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February 11, 2025
Novartis To Buy US Pharma Biz Anthos For Up To $3.1B
Novartis AG said Tuesday that it plans to buy Anthos Therapeutics Inc. for up to $3.1 billion, allowing the Swiss pharmaceutical heavyweight to return a drug that originated at the company back into its portfolio of cardiovascular therapies.
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February 10, 2025
Pharma Co. Misled Investors On Depression Drug, Suit Says
Brain disease drugmaker Neumora Therapeutics Inc. has been hit with a proposed shareholder class action alleging that the company and its initial public offering underwriters failed to disclose prior to the $250 million IPO that Neumora's clinical trial for a depression treatment was very unlikely to yield promising results.
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February 10, 2025
Fed. Circ. Preserves Corning's Win In Gene Therapy Fight
The Federal Circuit decided Monday to turn down an appeal from a Minnesota-based gene therapy developer that says it was wrongly denied a jury trial in its failed case seeking to add its name to patents issued to Corning Inc.
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February 10, 2025
GenapSys Can't Claw Back Some Docs From Paul Hastings
A California judge ruled that GenapSys Inc. can claw back some documents it inadvertently released during discovery in a legal malpractice suit against Paul Hastings LLP, but that some documents discussed during depositions cannot be clawed back because attorneys for GenapSys did not lodge proper objections during the proceedings.
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February 10, 2025
DC Judge Questions Abrupt Removal Of Public Health Info
A D.C. federal judge said he was wrestling with some "circular" arguments offered by the government on Monday as he weighed whether to order the restoration of public health web pages and datasets that had been taken down by the Trump administration.
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February 10, 2025
Fed. Circ. Revives Cotter's Radiation Injury Suit Indemnity Bid
The Federal Circuit on Monday revived Cotter Corp.'s bid for federal indemnity after settling claims related to alleged exposure to radioactive residue stemming from the Manhattan Project, saying a Court of Federal Claims judge read an indemnification statute too narrowly.
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February 10, 2025
PBMs Fight To Keep Mich. AG's Opioid Suit In Federal Court
Pharmacy benefit managers' work on behalf of federal health insurance plans entitles them to keep Michigan's lawsuit over their role in the opioid crisis in federal court, the companies told a federal judge last week.
Expert Analysis
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How To Manage During A Trade Dispute With USMCA Partners
Companies can try to minimize the potential impacts of future tariffs on Mexican and Canadian goods, and uncertainty about future trade relations, by evaluating supply chains, considering how they may be modified, and engaging with the new administration over exemptions and the upcoming review of the U.S.-Mexico-Canada Agreement, say attorneys at Holland & Knight.
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Rejoinder Strategy After Allergan Double-Patenting Case
A closer look at last year's Allergan v. MSN case at the Federal Circuit highlights the importance of rejoinder during patent prosecution in view of the risks associated with obviousness-type double patenting based on later-filed applications in the same patent family, say attorneys at BCLP.
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Takeaways From 2024's Emerging IP Licensing Trends
Themes in intellectual property licensing from the past year – including artificial intelligence; risk management; and name, image and likeness rights – highlight key considerations for navigating an evolving landscape, say attorneys at Ballard Spahr.
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Exploring Venue Strategy For Trump-Era Regulatory Litigation
Litigation will likely play a prominent role in shaping policy outcomes during the second Trump administration, and stakeholders have several tools at their disposal to steer regulatory litigation toward more favorable venues, say attorneys at Covington.
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Consultants Should Be Aware Of DOJ's Potential New Reach
The U.S. Department of Justice's recent first-of-its-kind settlement with McKinsey & Co. indicates not only the DOJ's more aggressive stance toward businesses' potential criminal wrongdoings, but also the benefits of self-disclosure and cooperation when wrongdoing becomes apparent, says Dom Caamano at Kibler Fowler.
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Lessons Learned From 2024's Top FMLA Decisions
Last year's major litigation related to the Family and Medical Leave Act underscores why it is critical for employers to understand the basics of when leave and accommodations are required, say attorneys at Dechert.
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Product Safety Issues In 2024 Highlight Need For Vigilance
A look at some of the medications and foods that led to significant class actions last year demonstrates the need for robust regulatory systems and proactive measures to protect consumers from defective and harmful products, says Jennifer Taylor at the Law Offices of James Scott Farrin.
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Series
Playing Esports Makes Me A Better Lawyer
Competing in a global esports tournament at Wimbledon last year not only fulfilled my childhood dream, but also sharpened skills that are essential to my day job, including strategic thinking, confidence and networking, says AJ Schuyler at Jackson Lewis.
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Health Tech Regulatory Trends To Watch In 2025
With an upcoming change in administration and the release of some long-awaited rules, the healthcare industry should prepare for shifting trends, including a growing focus on health data and interest in technology-enabled delivery of healthcare, say attorneys at Orrick.
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An Associate's Guide To Career Development In 2025
As the new year begins, associates at all levels should consider establishing career metrics, fostering key relationships and employing other specific strategies to help move through the complexities of the legal profession with confidence and emerge as trailblazers, say EJ Stern and Amanda George at Fractional Law Firm.
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2025 Patent And TM Policy At USPTO: What We Know So Far
This upcoming year at the U.S. Patent and Trademark Office promises a continued focus on artificial intelligence-related policies, as well as initiatives to drive efficiency and modernize standard processes, say attorneys at Knobbe Martens.
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Reviewing 2024's Crucial Patent Law Developments
As 2024 draws to a close, significant rulings and policies aimed at modernizing long-standing legal practices or addressing emerging challenges have reached patent law, says Michael Ellenberger at Rothwell Figg.
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Series
Fixing Up Cars Makes Me A Better Lawyer
From problem-solving to patience and adaptability to organization, the skills developed working under the hood of a car directly translate to being a more effective lawyer, says Christopher Mdeway at Kaufman Dolowich.
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Making The Pitch To Grow Your Company's Legal Team
In a compressed economy, convincing the C-suite to invest in additional legal talent can be a herculean task, but a convincing pitch — supported by metrics and cost analyses — may help in-house counsel justify the growth of their team, say Elizabeth Smith and Roger Garceau at Major Lindsey.
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Data Privacy Landscape After Mass. Justices' Wiretap Ruling
In Vita v. New England Baptist Hospital, Massachusetts’ highest court recently ruled that the state’s wiretap law doesn’t prohibit all tracking of website user activity, but major financial and reputational risks remain for businesses that aren't transparent about customer’s web data, says Seth Berman at Nutter.