Life Sciences

  • 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."

  • 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.

  • 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.

  • 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.

  • 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.

  • 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.

  • December 09, 2024

    Akin Gump 'Totally Messed Up' With Texts, Vaxart Judge Says

    A California federal judge asked by Vaxart investors to impose sanctions over a hedge fund's deleted text messages in a case claiming Vaxart inflated its stock price with deceptive headlines about a COVID-19 vaccine said Monday that the fund's lawyers at Akin Gump "totally, totally messed up."

  • December 09, 2024

    Intellia Can't Escape Patent Suit Over $100M Regeneron Deal

    Biotechnology company Intellia Therapeutics cannot ditch BlueAllele's claims that it infringed three patents related to gene editing to reap over $100 million under a deal with Regeneron Pharmaceuticals, a Pennsylvania federal judge ruled Monday, saying BlueAllele has plausibly alleged its rival is not entitled to drug-development safe harbor.

  • December 09, 2024

    9th Circ. Tosses Regal Cinemas' COVID Coverage Suit

    Regal Cinemas cannot get coverage for its losses stemming from the COVID-19 pandemic, the Ninth Circuit ruled Monday, finding that a decision from New York's top court, along with a contamination exclusion, doomed any chance of coverage under the theater chain's policies with units of Allianz, Liberty Mutual and Zurich.

  • December 09, 2024

    Condom Co. Says Rival Owes $744K In 'Naked' IP Dispute

    A U.S.-based condom company told a Florida federal judge during a bench trial on Monday that an Australian rival owes at least $744,000 in attorney fees after losing in a dispute over use of the trademark "naked," saying the two had made a formal agreement but didn't memorialize it in writing.

  • December 09, 2024

    UCLA Student Sues Doctors Over Transgender Misdiagnosis

    A UCLA student has sued a group of doctors in Los Angeles state court, alleging she was misdiagnosed with gender dysphoria when she was 12 and rushed into taking puberty blockers and testosterone and having a mastectomy before she realized she wasn't transgender.

  • December 09, 2024

    Prevagen Maker Ordered To Cease Memory Claims

    A New York federal judge on Friday upheld an injunction blocking Quincy Bioscience Holding Co. Inc. nationally from making claims that its supplement Prevagen can treat memory problems.

  • December 09, 2024

    High Court Won't Hear Zimmer Biomet Royalties Fight

    The U.S. Supreme Court on Monday shot down Zimmer Biomet Holdings' challenge to the Seventh Circuit's finding that the company shouldn't have stopped paying royalties on knee replacement devices it developed using an orthopedic surgeon's various patents after those patents expired.

  • December 06, 2024

    SEC Says Market Forecaster Ran Biotech Pump-And-Dump

    The U.S. Securities and Exchange Commission has sued a subscription-based investment advice company and its owner, accusing them of making nearly $1.4 million in a pump-and-dump scheme involving a purported drugmaker.

  • December 06, 2024

    Philly Jury Clears B. Braun In Cancer Emissions Case

    A Philadelphia jury has cleared B. Braun Medical Inc. of claims that emissions of a sterilizing chemical from a Pennsylvania manufacturing facility caused a neighbor's leukemia.

  • December 06, 2024

    Judge Denies Publix Bid To Appeal Opioid Coverage Ruling

    A Florida federal judge on Friday rejected Publix's request for a judgment that would have allowed it to immediately appeal a decision that said seven of its insurance policies didn't provide coverage for opioid lawsuits the grocery chain is facing.

  • December 06, 2024

    Galderma Can't Undo Lupin's Skin Drug Win At Fed. Circ.

    Federal Circuit judges on Friday upheld a bench trial finding earlier this year that allowed an Indian generic-drug maker to start selling a treatment for a chronic skin condition that competes with a brand developed by Swiss skin care giant Galderma.

  • December 06, 2024

    Google Must Face Trimmed BIPA Suit Over IBM Dataset

    A California federal judge on Thursday permitted Illinois residents to proceed with a pared-down version of their proposed class action accusing Google of violating biometric privacy laws with facial data collected by IBM, ruling they've adequately alleged a violation of the Illinois Biometric Privacy Act.

  • December 06, 2024

    9th Circ. Won't Revisit CR Bard's Patent Misuse Win

    The Ninth Circuit declined Friday to rethink its holding that C.R. Bard was allowed to seek royalties on sales of a vascular stent after a U.S. patent had expired, rejecting Atrium Medical Corp.'s rehearing bid in the $53 million bench trial appeal.

  • December 06, 2024

    AngioDynamics Port Defect Caused Infection, Ga. Man Says

    A medical device manufacturer and one of its subsidiaries have been sued in Georgia federal court over allegations that their implantable port for delivering medications directly into patients' bloodstreams has a defect that can lead to increased risk of infection and sepsis.

  • December 06, 2024

    Anthem Wants Testing Lab's $3.8M Suit Axed Or Split Up

    Anthem Blue Cross Blue Shield of Connecticut has asked a federal court to toss a testing lab's lawsuit seeking $3.8 million for allegedly unpaid bills, arguing that batches large and small of the more than 3,000 unpaid claims were preempted by federal law, filed years too late or barred from being assigned to the lab to collect.

  • December 06, 2024

    Creditor Says Failed Solar Biotech Bidder Shouldn't Get Fee

    A creditor of Solar Biotech asked a Delaware bankruptcy judge to deny a request to pay the failed stalking horse bidder's $456,000 breakup fee, arguing there was no evidence the protections were necessary or that the bidder relied on them.

  • December 06, 2024

    Philips Medical Monitoring Deal, $4.8M Fees Get Final OK

    A Pennsylvania federal judge on Thursday gave the final OK on a $25 million settlement in medical monitoring claims in multidistrict litigation stemming from a recall of ventilator machines by Koninklijke Philips NV and American subsidiaries.

  • December 06, 2024

    Husband Of Ex-Takeda Exec Convicted For $2M Invoice Fraud

    A federal jury on Friday convicted a Massachusetts man of stealing millions from Takeda Pharmaceuticals through a fake invoice scam with his wife, a former vice president at the drug company.

  • December 06, 2024

    UK Litigation Roundup: Here's What You Missed In London

    This past week in London has seen Burberry file a copyright claim against discount store B&M, the former owner of Charlton Athletic file a debt claim against the football club, and British Airways and the U.K. government face a class action brought by flight passengers taken hostage at the start of the First Gulf War. Here, Law360 looks at these and other new claims in the U.K.

Expert Analysis

  • Mental Health First Aid: A Brief Primer For Attorneys

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    Amid a growing body of research finding that attorneys face higher rates of mental illness than the general population, firms should consider setting up mental health first aid training programs to help lawyers assess mental health challenges in their colleagues and intervene with compassion, say psychologists Shawn Healy and Tracey Meyers.

  • Opinion

    FTC's Report Criticizing Drug Middlemen Is Flawed

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    The Federal Trade Commission's July report, which claims that pharmacy benefit managers are inflating drug costs, does not offer a credible analysis of PBMs, and its methodology lacks rigor, says Jay Ezrielev at Elevecon.

  • Series

    Collecting Art Makes Me A Better Lawyer

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    The therapeutic aspects of appreciating and collecting art improve my legal practice by enhancing my observation skills, empathy, creativity and cultural awareness, says attorney Michael McCready.

  • Del. Dispatch: Cautionary Tales Of 2 Earnout Effort Breaches

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    The Delaware Court of Chancery's tendency to interpret earnout provisions precisely as written, highlighted in two September rulings that found buyers breached their shareholder obligations when they failed to make reasonable efforts to hit certain product development milestones, demonstrates the paramount importance of precisely wording these agreements, say attorneys at Fried Frank.

  • Takeaways From Novo Nordisk's Fight For Market Exclusivity

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    Generic competitors’ challenge to Novo Nordisk’s patents in hopes of capturing a portion of the rapidly expanding Type 2 diabetes and obesity treatment market highlights the role of abbreviated new drug application litigation, inter partes review and multidistrict litigation in patent defense, says Pedram Sameni at Patexia.

  • Using Primacy And Recency Effects In Opening Statements

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    By understanding and strategically employing the primacy and recency effects in opening statements, attorneys can significantly enhance their persuasive impact, ensuring that their narrative is both compelling and memorable from the outset, says Bill Kanasky at Courtroom Sciences.

  • Secret Service Failures Offer Lessons For Private Sector GCs

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    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.

  • Opinion

    Bill Is Key To Protecting US Economy From Patent Piracy

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    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.

  • Defending AI, Machine Learning Patents In Life Sciences

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    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.

  • Litigation Inspiration: Honoring Your Learned Profession

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    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.

  • From Concept To Capital: 5 Stages Of Evolving IP Needs

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    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.

  • Allergan Ruling Reinforces Value Of Patent Term Adjustments

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    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.

  • FTC Focus: How Scrutiny Of PBMs And Insulin May Play Out

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    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.

  • Opinion

    AI May Limit Key Learning Opportunities For Young Attorneys

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    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.

  • Series

    Round-Canopy Parachuting Makes Me A Better Lawyer

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    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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