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Life Sciences
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March 25, 2025
Medical Image Co. Gets Fed. Circ. To Back Ax Of Rival's IP
A Federal Circuit ruling Tuesday affirmed administrative patent board holdings that wiped out claims in patents that cover a 3D photography system used in medical imaging and clinical trials.
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March 25, 2025
Drug Co. Wants Fed. Circ. To Undo Pfizer COVID Patent Win
A Boston drug developer that lost its infringement case against Pfizer over the New York company's blockbuster Paxlovid COVID-19 treatment has told the Federal Circuit that a contentious issue regarding a typo in a patent document should have gone to a jury.
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March 25, 2025
Pension Seeks To Opt Class Out Of Cutera Ch. 11 Releases
A pension fund heading up a class action against skin care technology group Cutera has urged a Texas bankruptcy court to find the shareholder has authority to opt all class members out of the company's Chapter 11 plan.
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March 25, 2025
McCarter & English's $3.77M Fee Win Headed For Appeal
A former McCarter & English LLP client will appeal a $3.77 million Connecticut federal court judgment for failing to pay its legal bills following a Kentucky trade secrets case loss, federal court papers indicate.
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March 25, 2025
Merck Betting Up To $2B On China-Developed Cardio Drug
Pharmaceutical giant Merck & Co. Inc., advised by Gibson Dunn & Crutcher LLP and Covington & Burling LLP, said on Tuesday it has entered into an exclusive license agreement with Cooley LLP-led pharmaceutical company Jiangsu Hengrui Pharmaceuticals Co. Ltd. under which Merck will pay up to nearly $2 billion to the Chinese pharmaceutical business.
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March 25, 2025
Meitar-Led Navina Wraps $55M Series C Funding Round
Artificial intelligence-powered clinical intelligence company Navina, advised by Meitar, announced on Tuesday that it clinched a $55 million Series C funding round, bringing its total amount raised to $100 million.
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March 25, 2025
4th Circ. Won't Rehear Drug Price-Fixing Class Action
The Fourth Circuit said Tuesday it will not hold a full court rehearing of its panel decision to back the dismissal of a proposed class action accusing drugmakers of conspiring and inflating the price of a medication for Huntington's disease, a suit the panel called "shaky at best."
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March 24, 2025
Trump Picks Acting CDC Head After Weldon Nomination Fails
President Donald Trump on Monday nominated acting Centers for Disease Control and Prevention head Susan Monarez to take over as the agency's director, a move that comes after Trump pulled his nomination of Dr. Dave Weldon for the position when it became clear Weldon lacked needed support.
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March 24, 2025
Amgen Wants $50M Leukemia Drug Patent Verdict Thrown Out
Amgen has urged a Delaware federal court to grant it a new trial after a federal jury last year found that it owed Germany's Lindis Biotech $50.3 million in damages for encouraging healthcare providers to infringe immunotherapy patents by administering a leukemia treatment.
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March 24, 2025
Kenvue, J&J Must Face Investor Suit Over FDA Concerns
Consumer health products business Kenvue Inc. and former parent company Johnson & Johnson cannot escape a consolidated lawsuit accusing the companies of failing to warn investors about the potential ineffectiveness of leading products like Tylenol and Sudafed ahead of Kenvue's initial public offering, a New Jersey federal judge ruled on Monday.
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March 24, 2025
Justices Urged To Weigh In On Skinny Label Dispute
A generic-drug industry organization and a group of scholars are urging the U.S. Supreme Court to scrutinize a Federal Circuit decision they say undermines the process for getting generic drugs to market under so-called skinny labels.
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March 24, 2025
Period App Users Get $3.5M In Privacy Deal With Analytics Co.
A defunct mobile analytics company caught up in a proposed class action alleging a menstruation tracking app impermissibly shared health information with Google and others has agreed to a $3.5 million settlement with app users, given its "limited pool of funds," app users informed a California federal court on Friday.
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March 24, 2025
United Healthcare Escapes Some Of Diagnostic Co.'s Claims
A Texas federal judge has wiped away a good portion of a cancer diagnostics company's suit against United Healthcare Services Inc., but left intact the company's claim that United breached an implied contract when it started to take back money it had already paid out.
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March 24, 2025
Investors Blame Electrotherapy Co.'s Practices For Stock Drop
Electrotherapy device maker Zynex Inc. faces a proposed investor class action claiming it harmed shareholders after it was booted from at least one insurer network for U.S. military members, allegedly due to oversupplying its customers.
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March 24, 2025
Seattle Biotech Duped Investors On Drug Progress, Suit Says
Seattle's Sana Biotechnology Inc. is the target of a proposed class action filed on Monday by a shareholder who alleges the company misled investors about its ability to develop genetic therapy treatments for oncology and central nervous system disorders.
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March 24, 2025
Apple, Sony, Others Facing ITC Probes Over Imports
The U.S. International Trade Commission has said it is launching a series of investigations into whether imports of products such as video game consoles, nose cleaning devices and semiconductors have infringed various U.S. patents.
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March 24, 2025
Fla. Judge OKs $19.3M In Spinal Products Noncompete Suit
A Florida federal judge approved a $19.3 million judgment against the owner of a distributor and his affiliated companies, finding that he owes damages for breaching an exclusive sales agreement with a spinal products manufacturer in a case with a "tortured history" that lasted for more than six years.
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March 24, 2025
Norton Rose, Latham Steer Alcon's $430M Lensar Buy
Eye care company Alcon, advised by Norton Rose Fulbright, unveiled on Monday an agreement to purchase medical technology developer Lensar, which is represented by Latham & Watkins LLP, for up to $430 million.
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March 21, 2025
Novartis Urges Court To Make FDA Block Entresto Generic
Novartis says the U.S. Food & Drug Administration has made a drug marketing exclusivity window "meaningless" and wants a D.C. federal judge to block a rival from selling a generic drug that would compete with its blockbuster heart medication Entresto.
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March 21, 2025
Fed. Circ. Revives Blood Pump Patent Suit Against J&J Unit
The Federal Circuit on Friday reinstated a blood pump patent suit by a unit of Swedish medical device company Getinge AB against a Johnson & Johnson MedTech subsidiary, faulting a Massachusetts federal judge's claim construction that led the parties to stipulate that there was no infringement.
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March 21, 2025
Bausch & Lomb Says Amcor Must Pay For Botched Bottles
A packaging company evaded quality controls to deliver defective plastic bottles that caused a slowdown in manufacturing at a Bausch & Lomb facility, the eye care company has claimed in a complaint filed in Michigan federal court.
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March 21, 2025
Judge Accused Of Bias Expresses Regret Over MDL Remarks
The chief judge of the Eleventh Circuit has dismissed a judicial ethics complaint alleging that a Florida federal judge had shown impermissible bias in favor of women leading the multidistrict litigation over the hormonal contraceptive drug Depo-Provera, after the judge said she "regrets any misunderstanding" and took steps to address the issue.
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March 21, 2025
New Mexico Lawmakers Approve Medical Psilocybin Bill
New Mexico lawmakers have given final approval to legislation to create a regulated medical psilocybin program, sending the proposal to the governor's desk.
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March 21, 2025
Exactech Strikes $10M Deal With TPG In Ch. 11
Counsel for medical implant maker Exactech Friday told a Delaware bankruptcy judge it has reached a $10 million settlement of potential claims against its equity sponsor a week before it will seek approval to send its Chapter 11 plan out for a vote.
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March 21, 2025
Taxation With Representation: Cravath, Paul Weiss, Cooley
In this week's Taxation With Representation, Google acquires Wiz, QXO Inc. acquires Beacon Roofing Supply, and the Boston Celtics are bought by a group led by private equity firm co-founder William Chisholm.
Expert Analysis
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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.
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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.
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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.
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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.
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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.
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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.
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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.
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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.
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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.
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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.
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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.
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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.
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Opinion
Antitrust Analysis In Iowa Pathologist Case Misses The Mark
An Iowa federal court erred in its recent decision in Goldfinch Laboratory v. Iowa Pathology Associates by focusing exclusively on market impacts and sidestepping key questions that should be central to antitrust standing analysis, says Daniel Graulich at Baker McKenzie.
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Opinion
State FCAs Should Cover Local Fund Misuse, State Tax Fraud
New Jersey and other states with similar False Claims Acts should amend them to cover misappropriated municipal funding, and state and local tax fraud, which would encourage more whistleblowers to come forward and increase their recoveries, says Kenneth Levine at Stone & Magnanini.
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7 Tips For Associates To Thrive In Hybrid Work Environments
Excerpt from Practical Guidance
As the vast majority of law firms have embraced some type of hybrid work policy, associates should consider a few strategies to get the most out of both their in-person and remote workdays, says James Argionis at Cozen O’Connor.