Life Sciences

March 19, 2025
Purdue Pharma Files New $7.4B Ch. 11 Plan Settlement

Bankrupt OxyContin maker Purdue Pharma LP filed a new Chapter 11 plan in a New York bankruptcy court, including a $6.5 billion payment from members of the Sackler family who own the company and $900 million from the debtor, that aims to compensate thousands of creditors for damages from opioid sales.
March 18, 2025
Emisphere, Novo Nordisk Sale Suit On Track For Settlement

Former Emisphere Technologies Inc. stockholders are set to settle stockholder litigation over the $1.8 billion sale of the biotechnology company to Novo Nordisk A/S, a Robbins Geller Rudman & Dowd LLP attorney informed Delaware's Chancery Court on Tuesday, saying a stipulation of settlement should be in next month.
March 18, 2025
ITC To Review Whether Tourniquet Importers Are Ignoring Ban

The U.S. International Trade Commission said that it is going to look into claims from a tourniquet maker that importers are ignoring a ruling last year that banned foreign counterfeit products.
March 18, 2025
Full 9th Circ. Mulls Reviving Workers' LA Schools Vax Fight

Unvaccinated workers urged an en banc Ninth Circuit panel Tuesday to affirm a split decision reviving their proposed class action challenging a since-rescinded Los Angeles Unified School District's employee COVID-19 vaccine policy, while the district's counsel defended the policy as necessary and prudent, but also argued the case is moot.
March 18, 2025
Drugmaker's $10.5M Deal In Investor FDA Approval Suit OK'd

A California federal judge has preliminarily approved a $10.5 million settlement between oncology drug company ImmunityBio and investors who claim they were misled over the likelihood the U.S. Food and Drug Administration would approve the company's bladder cancer drug.
March 18, 2025
HHS Seeks Early Win Over Lilly, Novartis, BMS In Rebate Row

The U.S. Department of Health and Human Services urged a D.C. federal judge Monday to grant it an early win against behemoth drugmakers' claims that it unlawfully blocked their plans to offer after-the-fact rebates, rather than up-front discounts, to safety-net hospitals via a decades-old federal drug pricing program.
March 18, 2025
Lab Co-Founder Takes Stand For Gov't In $40M Testing Case

A co-founder of a laboratory accused of submitting $40 million in unnecessary COVID-19 and genetic testing claims to healthcare benefit programs took the stand for the government on Tuesday, first testifying that the lab used an unauthorized test to cut corners and save money before admitting on cross-examination that the test was chosen because it performed better.
March 18, 2025
J&J Denies 'Evil Motive' In Face Of $30M Talc Damages

Johnson & Johnson did not act with the kind of "evil motive" that would justify a $30 million punitive damages award to a Connecticut man who won a lawsuit alleging its talc products caused his lung cancer, the company argued Tuesday in state court.
March 18, 2025
Ga. Hospital Failed To Protect Data Of 120K, Patient Says

A former patient of a southwest Georgia hospital hit the provider with a proposed class action Monday over a data breach last year, alleging that it failed to secure 120,000 customers' personal information before it was filched in a cyberattack.
March 18, 2025
Bausch Eye Vitamin Case Should Go To Jury, Judge Says

The maker of eye care product MacularProtect shouldn't get a ruling clearing it from allegations it infringed Bausch & Lomb patents related to its PreserVision vitamin based on a doctrine allowing patent holders to claim infringement if an accused product is similar enough to the patented invention, a federal magistrate judge in Delaware has said.
March 18, 2025
MilliporeSigma Says Rival Raided Talent Despite Noncompete

Life sciences company MilliporeSigma is accusing direct competitor Solvias USA of raiding its roster to hire away several top sales executives, all of whom were still subject to noncompete agreements, according to a lawsuit filed Tuesday in Massachusetts state court.
March 18, 2025
AI Healthcare Co. Accuses Test-Maker Of Infringing Patents

Artificial intelligence-powered diagnostics company Tempus AI has accused medical test-maker Guardant Health of infringing numerous patents related to healthcare records platforms and ways of pinpointing patient biomarkers.
March 18, 2025
States Oppose Term In Sandoz Price-Fixing Deal With Fla.

State enforcers still locked in price-fixing litigation against generic-drug maker Sandoz are raising objections to a cap on what they could win through settlements in Florida's recent agreement with the company, telling the Connecticut federal judge weighing approval that it would block or delay potential settlements of their own.
March 18, 2025
Indirect Effexor Buyers Seek Approval Of $2.3M Antitrust Deal

A proposed class of indirect drug purchasers have asked a New Jersey federal judge for his initial sign-off on a $2.25 million deal with Teva Pharmaceuticals to resolve antitrust claims against the company over antidepressant and anxiety disorder treatment Effexor XR.
March 18, 2025
Greenberg Traurig Boosts Litigation Team With 4 Denver Attys

A team of four litigators have joined Greenberg Traurig LLP's growing Denver office, including a shareholder who was tapped to lead the office's litigation practice.
March 17, 2025
Novartis Nabs Partial Ban Against MSN's Heart Drug Generic

Novartis AG succeeded Monday in blocking a competitor from potentially selling a similar-looking generic drug for treating heart failure, with a New Jersey federal judge remarking that MSN Laboratories Pvt. Ltd. "could have distinguished its pills," though she was less convinced that the name "Novadoz" was confusingly similar to "Novartis."
March 17, 2025
Ex-Opioid Co. CEO Wants Out Of Law Firm's Billing Suit

A convicted former CEO of an opioid distributor is urging a New York federal judge to dismiss his criminal defense firm's suit against him over an alleged unpaid $150,000 expert witness tab, saying the suit fails because of "the clear and unambiguous language of the retainer agreements."
March 17, 2025
New Bills Target 'Patent Thickets' And 'Product Hopping'

A bipartisan group of senators is backing two bills it says will use the patent system to lower the price of prescription drugs, in part by targeting "patent thickets" and making "product hopping" a violation of antitrust laws.
March 17, 2025
Doctor Pays $700K To Settle Feds' Medicare Fraud Suit

A doctor and his Ringgold, Georgia, practice have agreed to pay $700,000 to settle allegations that they knowingly submitted false claims to Medicare for medically unnecessary chelation therapy.
March 17, 2025
Jazz Inks Insurer Class Deal As Xyrem Antitrust Trial Nears

Jazz Pharmaceuticals and a certified insurer class told a California federal judge Monday that they have reached a settlement-in-principle in antitrust litigation accusing Jazz of working with pharma rival Hikma to block generic competitors to Jazz's narcolepsy drug, while two opt-out insurer plaintiffs and defendant Hikma have not reached any deals ahead of a May trial.
March 17, 2025
Court Won't Toss Biotech Co.'s Antitrust Counterclaim

A California federal court refused to toss claims from biotech company Zymo Research Corp. accusing rival Qiagen GmbH of filing a "sham" patent infringement suit against it to discredit a potential competitor in the DNA extraction market.
March 17, 2025
Full 7th Circ. Won't Revive Suit Over Late Medicaid Payments

The full Seventh Circuit has answered the "enormous question" of whether a Chicago hospital can sue the state of Illinois to force the managed-care organizations it contracts with to make timely Medicaid payments, concluding the hospital doesn't have a federal right to prompt payments for fear of turning federal trial courts into "de facto Medicaid claims processors."
March 17, 2025
NC AG Fights TikTok's Early Exit From Addiction Suit

North Carolina is pushing back on TikTok's bid to sidestep a lawsuit accusing it of knowingly addicting young users to its platform, arguing that the state court has jurisdiction because the company has engaged directly with "over a million children and teens" within its borders.
March 17, 2025
Yale Says Researcher's Omissions Doom $28M Incubator Suit

Yale University told a Connecticut state court that it sufficiently pled its counterclaims against a researcher who accused it of destroying his "life's work" by unplugging an incubator filled with $28 million in grants and private money's worth of genetic materials, arguing the researcher lied to get his job.
March 17, 2025
Austrian Biotech BIA Hits Ch. 15, Says Exec Stole $22M

Austrian biotechnology firm BIA has filed for Chapter 15 protection in Delaware to recover assets in the U.S., alleging an executive fraudulently transferred roughly $22 million in company funds and left it insolvent.

Editor's Picks

Supreme Court Will Tackle Patent Enablement In Amgen Case

The U.S. Supreme Court on Friday agreed to review Section 112 of the Patent Act for the second time in the law's history, accepting Amgen's request to consider how much a patent must disclose in order to meet enablement requirements.
A Circuit-By-Circuit Guide To FCA Suits After High Court Snub

The U.S. Supreme Court's refusal to resolve one of the False Claims Act's most consequential controversies leaves circuit courts deeply divided over whistleblower pleading obligations in ways that will reverberate nationwide, attorneys say. Here, Law360 explores each circuit's approach and scenarios that might finally trigger high court intervention.
Inside The Collapse Of A Pioneering Opioid Case For DOJ

The U.S. Department of Justice launched a "terribly flawed" criminal case against a drug distributor and several individuals amid pressure to alleviate Appalachia's opioid crisis, and a newly confirmed U.S. attorney displayed "courage and guts" by ending the case last month, defense counsel told Law360 in an expansive interview.

Expert Analysis

China High Court Ruling Could Encourage Antitrust Litigation

Practitioners defending U.S. companies in China should take note of a Chinese Supreme Court ruling that plaintiffs can file suits based on either where the alleged action, or where the result of such action, occurred — which will promote civil litigation by minimizing procedural battles over forum selection, says Yang Yang at Leaqual Law Firm.
Making The Case For Rest In The Legal Profession

For too long, a culture of overwork has plagued the legal profession, but research shows that attorneys need rest to perform optimally and sustainably, so legal organizations and individuals must implement strategies that allow for restoration, says Marissa Alert at MDA Wellness, Carol Ross-Burnett at CRB Global, and Denise Robinson at The Still Center.
How Amended Rule 702 Affects Testimony In Patent Litigation

In 2023, Federal Rule of Evidence 702 was amended to address the apparent failure of some courts to prevent unreliable expert evidence from reaching a jury, but a statistical analysis of Daubert decisions in 2022 and 2024 shows that courts remain divided about how to apply consistent evidence standards, say attorneys at Perkins Coie.
What Trump's Order Means For The Legal Status Of IVF

An executive order signed by President Donald Trump last month signals the administration's potential intention to increase protections for in vitro fertilization services, though more concrete actions would be needed to resolve the current uncertainty around IVF access or bring about a binding legal change, says Jeanne Vance at Weintraub Tobin.
Mitigating Tariff Risks For Healthcare In US And Canada

Healthcare stakeholders should take steps to evaluate the impact of cross-border tariffs, as the historically strong ties between Canada and the U.S. demonstrate the potential for real disruption and harm to the healthcare industry in both countries, say attorneys at Norton Rose.
4 Ways Women Attorneys Can Build A Legal Legacy

This Women’s History Month, women attorneys should consider what small, day-to-day actions they can take to help leave a lasting impact for future generations, even if it means mentoring one person or taking 10 minutes to make a plan, says Jackie Prester, a former shareholder at Baker Donelson.
A Judge's Pointers For Adding Spice To Dry Legal Writing

U.S. District Judge Fred Biery shares a few key lessons about how to go against the grain of the legal writing tradition by adding color to bland judicial opinions, such as by telling a human story and injecting literary devices where possible.
Preparing For Disruptions To Life Sciences Supply Chains

Life sciences companies must assess how new and escalating tariffs — combined with other restrictions on cross-border activity singling out pharmaceutical products and medical devices — will affect supply chains, and they should proactively prepare for antitrust and foreign direct investment regulatory review processes, say attorneys at Weil.
Mastering The Fundamentals Of Life Sciences Due Diligence

As life sciences transactions continue to gain tremendous momentum, companies participating in these transactions must conduct effective and strategic regulatory due diligence, which involves extensive amounts of information and varies by manifold factors, says Anna Zhao at GunnerCooke.
Beware Risks Of Arguing Multiple Constructions In IP Cases

Defendants accused of patent infringement often argue for different, potentially contradictory, claim constructions before district courts and the Patent Trial and Appeal Board, but the board may be clamping down on this strategy, say attorneys at Dechert.
What's At Stake In High Court Transgender Care Suit

The outcome of U.S. v. Skrmetti will have critical implications for the rights of transgender youth and their access to gender-affirming care, and will likely affect other areas of law and policy involving transgender individuals, including education, employment, healthcare and civil rights, say attorneys at ArentFox Schiff.
6th Circ. Ruling Paves Path Out Of Loper Bright 'Twilight Zone'

The U.S. Supreme Court’s Loper Bright ruling created a twilight zone between express statutory delegations that trigger agency deference and implicit ones that do not, but the Sixth Circuit’s recent ruling in Moctezuma-Reyes v. Garland crafted a two-part test for resolving cases within this gray area, say attorneys at Wiley.
A Reminder On Avoiding Improper Venues In Patent Cases

A Texas federal court's recent decision in the Symbology and Quantum cases shows that baseless patent venue allegations may be subject to serious Rule 11 sanctions, providing venue-vetting takeaways for plaintiffs and defendants.
NIH Cuts To Indirect Costs May Stifle IP Generation

Although currently blocked by a preliminary injunction, the National Institutes of Health's new policy to cut down on indirect cost funding creates challenges for university research projects, and may hamper the development of intellectual property — which is considered an indirect cost — for years to come, say attorneys at Snell & Wilmer.
Recent Cases Clarify FCA Kickback Pleading Standards

Two recently resolved cases involving pharmaceutical manufacturers may make it more difficult for False Claims Act defendants facing kickback scheme allegations to get claims dismissed for lack of evidence, say Li Yu at Bernstein Litowitz, Ellen London at London & Noar, and Gregg Shapiro at Gregg Shapiro Law.