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Life Sciences
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December 12, 2024
Medicare Could Lose Billions From 'Patent Abuse,' Group Says
The $6 billion a year Medicare is supposed to save by negotiating drug prices under the Inflation Reduction Act is close to the billions of dollars the government could lose due to "patent abuse" by drugmakers, according to a new report by a consumer interest group.
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December 12, 2024
Bausch And Lomb Says Potential Sale In The Works
Bausch and Lomb Corp. on Thursday confirmed reports that it is exploring a potential sale, acting in response to a request from the Canadian Investment Regulatory Organization.
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December 12, 2024
Wash. Justices OK Tax Break For Pharmacy Benefits Manager
A Washington pharmacy benefits manager is exempt from a state business tax on its services for Medicaid patients because its corporate sibling paid premium taxes in connection with the same services, the state's high court affirmed Thursday.
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December 12, 2024
J&J Shampoo Contamination Suit Sent Down The Drain
A New Jersey federal judge has thrown out a proposed class action alleging Johnson & Johnson sold coal tar-based shampoo that contained the carcinogen benzene, saying the plaintiff's allegations fall far short of giving him standing.
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December 12, 2024
MOVEit Data Breach MDL Survives Dismissal Bid
Progress Software and a group of more than 100 businesses, healthcare providers and government agencies can't end a putative class action over a data breach tied to Progress' MOVEIt file transfer tool, a Massachusetts federal judge said Thursday.
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December 12, 2024
Cooley Wins Bid To Arbitrate Fla. Malpractice Suit
A Florida state judge has granted Cooley LLP's bid to send to arbitration claims by Genetics Networks LLC that the firm failed to file documents needed to secure a lien while preparing $1.2 million in loan papers, ruling that an arbitration agreement covers the issues raised in the company's malpractice suit.
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December 11, 2024
Montana Justices Uphold Temporary Block On Trans Care Ban
Montana's highest court delivered a key victory for transgender youths and healthcare practitioners on Wednesday in a decision finding that privacy rights afforded by Montana's constitution favor a halt to the state's ban on gender-affirming care while litigation against it proceeds.
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December 11, 2024
AADI Enlists NY Court To Enforce Cancer Drug Award
California-based AADI Bioscience Inc. is asking a New York federal court to enforce an arbitral award rejecting a more than $15 million claim asserted by a Hong Kong biopharmaceutical company following a dispute over a deal to market a new cancer drug in China.
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December 11, 2024
Ga. Judge Refuses To Reconsider Toss Of Patient Data Suit
A Georgia federal judge has refused to reconsider the dismissal of a proposed class action alleging Piedmont Healthcare Inc. unlawfully shared patients' health data with Facebook via the company's tracking pixel tool.
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December 11, 2024
High Court Bar's Future: Haynes Boone's Daniel Geyser
Daniel L. Geyser of Haynes and Boone LLP is an unconventional U.S. Supreme Court advocate in every respect, from the path he forged to become one of the high court's frequent arguers to the way he runs his current practice from more than half a country away from the nation's capital.
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December 11, 2024
Neb. Medical Pot Legalization Hit With New Legal Challenge
A Republican former Nebraska state senator and opponent of cannabis reform has launched a new lawsuit aiming to invalidate a pair of ballot measures legalizing and regulating medical marijuana which supermajorities of Nebraskans approved on Election Day.
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December 11, 2024
Kirkland-Led Patient Square Pays $4.1B For Animal Health Co.
Healthcare-focused private equity firm Patient Square Capital on Wednesday unveiled plans to acquire and take private dental and animal health distributor Patterson Companies Inc. in a $4.1 billion deal built by several law firms.
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December 10, 2024
Md. Jury Convicts Ex-Biotech Execs On Some Fraud Counts
Two former biotech executives were convicted on some counts Monday following a monthlong Maryland federal court trial in a case alleging they juiced CytoDyn Inc.'s share price by lying to investors about the development of a drug to treat HIV and COVID-19.
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December 10, 2024
Paul Hastings Says Biz Waived Privilege On Malpractice Docs
Paul Hastings LLP has called on a Los Angeles County Superior Court judge to force GenapSys Inc., known as Redwood Liquidating Co. since its bankruptcy, to turn over documents that it had inadvertently produced 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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December 10, 2024
Bristol-Myers Said To Renege On $450M Milestone Promise
Former security holders of a biotechnology company Bristol-Myers Squibb acquired in 2016 hauled the pharmaceutical giant into Delaware's Court of Chancery on Monday, accusing it of using "patent prosecution sleight of hand" to avoid paying up to $450 million in promised milestone payments related to an autoimmune disorder treatment.
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December 10, 2024
Judge Won't Cull EpiPen Antitrust Action Against Mylan
Mylan Pharmaceuticals didn't get the early exit it sought from litigation accusing it of working with Pfizer to inflate the price of the latter's popular auto-injecting emergency allergy medication EpiPen, as a Kansas federal judge has ruled the case must move on to discovery.
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December 10, 2024
PTAB Grapples With MRNA History In COVID Vax Dispute
Attorneys for Pfizer, BioNTech and Moderna squared off at the Patent Trial and Appeal Board on Tuesday, disputing whether experts would have found mRNA-based vaccines worth pursuing before the 2019 coronavirus outbreak.
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December 10, 2024
9th Circ. Says Idaho Can't 'Veto' Federal Law In Abortion Row
The Ninth Circuit seemed poised on Tuesday to turn away fresh arguments from Idaho officials claiming a state abortion ban does not conflict with a federal emergency stabilizing law, after the officials said the federal government can't impose conditions on private hospitals receiving Medicare funds.
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December 10, 2024
Ex-CEO Argues Arbitrator's Failure To Disclose Sinks Award
A former CEO of Canadian biopharmaceutical company FSD Pharma Inc. who sued after he was terminated is urging the Third Circuit to reverse a lower court's decision confirming an unfavorable Canadian arbitral award, asserting the arbitrator concealed an extensive prior relationship with the company.
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December 10, 2024
FTC's Holyoak Says Chair OK With Some Cartels
Federal Trade Commissioner Melissa Holyoak said Lina Khan, the agency's current chair, is suggesting enforcers ignore anticompetitive activity if it's not being committed by what she considers "dominant firms."
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December 10, 2024
Beasley Allen Told To Give Update On J&J Discovery
Beasley Allen has until Friday to provide a detailed accounting of what documents it has produced to Johnson & Johnson's latest liability spinoff, Red River Talc, a Texas bankruptcy judge said Tuesday in hopes of speeding up discovery in a dispute over how voting was conducted on the debtor's prepackaged Chapter 11 plan.
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December 10, 2024
Eli Lilly Says Tampa Health Biz Can't 'Pass The Buck' In TM Suit
Eli Lilly and Co. is asking a Florida federal judge not to throw out its claims that a Tampa Bay company falsely advertised that it offered Eli Lilly diabetes and obesity medications, saying it can't "pass the buck" to a co-defendant that owned the website that advertised its services.
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December 10, 2024
Labcorp Accuses Ex-Sales Exec Of Stealing Customers
Laboratory Corp. of America Holdings took its former sales marketing executive to North Carolina federal court, along with his new employer, claiming that the worker has been violating his noncompete and nonsolicitation agreements by poaching Labcorp's customers and using its confidential information against it.
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December 10, 2024
BioNTech, Pfizer Rival Wants Party Flip In COVID Vax IP Fight
German biotech company CureVac asked a Virginia federal judge to flip the positions of the litigants in its COVID-19 vaccine patent fight with rivals Pfizer and BioNTech, saying the case had morphed into an infringement suit involving 10 CureVac patents.
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December 10, 2024
Ohio Justices Reject Opioid Nuisance Claims In $650M Appeal
The majority of the Ohio Supreme Court on Tuesday held that the state's product liability law doesn't allow for public nuisance claims to be brought over the opioid crisis, in a challenge to a $650 million verdict won by two counties.
Expert Analysis
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Secret Service Failures Offer Lessons For Private Sector GCs
The Secret Service’s problematic response to two assassination attempts against former President Donald Trump this summer provides a crash course for general counsel on how not to handle crisis communications, says Keith Nahigian at Nahigian Strategies.
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Opinion
Bill Is Key To Protecting US Economy From Patent Piracy
It is critical that Congress pass a recently introduced bill that would protect U.S. investors from intellectual property theft by restoring court-ordered injunctions as the default remedy in patent infringement cases to ensure inventors get the justice they deserve, says Andrei Iancu at Sullivan & Cromwell.
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Defending AI, Machine Learning Patents In Life Sciences
Ten years after the U.S. Supreme Court's decision in Alice v. CLS Bank, artificial intelligence and machine learning technology remain at risk for Alice challenges, but reviewing recent cases can help life sciences companies avoid common pitfalls and successfully defend their patents, say attorneys at Mintz.
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Litigation Inspiration: Honoring Your Learned Profession
About 30,000 people who took the bar exam in July will learn they passed this fall, marking a fitting time for all attorneys to remember that they are members in a specialty club of learned professionals — and the more they can keep this in mind, the more benefits they will see, says Bennett Rawicki at Hilgers Graben.
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From Concept To Capital: 5 Stages Of Evolving IP Needs
Companies must understand the shifting intellectual property needs throughout an organization’s life cycle in order to protect innovation, which can be done by fortifying the IP portfolio, expanding and leveraging IP assets, and more, says Keegan Caldwell at Caldwell Law.
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Allergan Ruling Reinforces Value Of Patent Term Adjustments
The Federal Circuit’s recent ruling in Allergan v. MSN, which held that patent term adjustment awards for first-filed, first-issued patents cannot be stripped away by later-issuing child patents that expire earlier, means practitioners must consider the potential impact of any action that might reduce the adjustment amount, say attorneys at Cooley.
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FTC Focus: How Scrutiny Of PBMs And Insulin May Play Out
Should Express Scripts' recent judicial challenge to the Federal Trade Commission succeed, any new targets could add litigation and choice of forum to their playbooks, and potential FTC court action on insulin could be forced to parallel venues as the issues between the commission and PBMs evolve, say attorneys at Proskauer.
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Opinion
AI May Limit Key Learning Opportunities For Young Attorneys
The thing that’s so powerful about artificial intelligence is also what’s most scary about it — its ability to detect patterns may curtail young attorneys’ chance to practice the lower-level work of managing cases, preventing them from ever honing the pattern recognition skills that undergird creative lawyering, says Sarah Murray at Trialcraft.
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Series
Round-Canopy Parachuting Makes Me A Better Lawyer
Similar to the practice of law, jumping from an in-flight airplane with nothing but training and a few yards of parachute silk is a demanding and stressful endeavor, and the experience has bolstered my legal practice by enhancing my focus, teamwork skills and sense of perspective, says Thomas Salerno at Stinson.
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And Now A Word From The Panel: The MDL Map
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.
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Navigating Restrictions Following Biotech Bill House Passage
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.
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Why Now Is The Time For Law Firms To Hire Lateral Partners
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.
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A Look At The Economic Impact Of Drug Patent Differentiation
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.
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Considering Possible PR Risks Of Certain Legal Tactics
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.
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It's No Longer Enough For Firms To Be Trusted Advisers
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.