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Life Sciences
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January 08, 2025
Abbott Beats UC Regents' Probiotic Patent Claims
An Illinois federal judge has found that claims in a pair of patents owned by the University of California related to a baby probiotic were invalid, handing a win to Abbott Laboratories in a suit accusing the company of infringing the patents.
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January 08, 2025
Boston Scientific Paying Up To $664M For Bolt Medical
Boston Scientific Corp. said Wednesday it plans to acquire the remaining stake it does not own in Bolt Medical Inc., the developer of a proprietary laser-based treatment for coronary and peripheral artery disease, for up to $664 million.
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January 07, 2025
Obesity Drug Maker Faces Investor Suit Over IPO Disclosures
Biopharmaceutical company BioAge Labs Inc. is facing a proposed class action alleging investors in its initial public offering were hurt by plummeting share prices after the company unexpectedly hit the brakes on a clinical trial for its lead product candidate.
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January 07, 2025
Robo Surgery Co. Gets Billions From Selling Parts, Jury Told
Surgical Instrument Service accused Intuitive Surgical at the start of a federal trial Tuesday of being a monopolist making billions of dollars by blocking hospitals from extending the life of reusable surgical-robot components, while Intuitive blasted the medical instrument repair company for "trying to misuse antitrust laws to enrich itself."
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January 07, 2025
Alcohol Warnings Unlikely To Bring Same Fate Tobacco Faced
The U.S. surgeon general on Friday recommended that alcohol carry warnings about cancer risks, and attorneys say that while warning labels might be warranted, alcohol is unlikely to become the next tobacco.
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January 07, 2025
Amneal Calls Teva's IP Delisting Panic 'Theatrical Distraction'
The pharmaceutical industry won't fall into "chaos and disruption" if the Federal Circuit doesn't stay an injunction ordering Teva to remove inhaler patents from the Orange Book, and Teva's arguments otherwise are "a mere theatrical distraction" from the weakness of its position, according to Amneal Pharmaceuticals.
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January 07, 2025
New USPTO Advisers Include Mattel, Estee Lauder Attys
The U.S. Patent and Trademark Office on Tuesday welcomed six additions to its patent and trademark advisory committees, including lead intellectual property attorneys at The Estee Lauder Cos. Inc. and Mattel Inc.
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January 07, 2025
Cannabis Reformers Move To Oust DEA From Pot Hearings
The U.S. Drug Enforcement Administration has worked behind the scenes to undermine an administrative process that will determine whether federal restrictions on marijuana are relaxed, a group of reformers alleged in a new filing submitted to an agency tribunal.
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January 07, 2025
Biotech Co. Urges NC Panel To Revive Legal Malpractice Suit
A biotech company that lost a $22 million libel suit brought by a pharmaceutical executive has asked a North Carolina appeals panel for another shot at legal malpractice claims against its former legal counsel, arguing that a savings provision expands the statute of repose for the voluntarily dismissed claim to be revived.
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January 06, 2025
Athira Inks $4M FCA Deal Over Ex-CEO's Research Fraud
Athira Pharma Inc. has agreed to pay $4 million to resolve allegations it used falsified academic research papers on neurological disorders like Alzheimer's to secure federal grants from the National Institute of Health, the U.S. Department of Justice announced Monday.
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January 06, 2025
Sidley, Wachtell Guide Inari Medical's $4.9B Sale To Stryker
Medical technology company Stryker Corp., represented by Sidley Austin LLP, announced Monday that it has inked an agreement to acquire device maker Inari Medical Inc., represented by Wachtell Lipton Rosen & Katz, in a deal worth about $4.9 billion.
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January 06, 2025
High Court Asked To Take Whistleblower Medical Device Row
A former Minerva Surgical Inc. sales representative who says he was mistreated after raising concerns about the safety of certain medical devices wants the U.S. Supreme Court to take up his challenge to an arbitration award given to his former employer in whistleblower proceedings.
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January 06, 2025
Biotech Trade Secrets Case Gets New Punitive Damages Trial
A California federal judge has ordered a new punitive damages trial on how much a former Skye Orthobiologics LLC employee owes in a case where he was found to have breached his fiduciary duties by leveraging Skye's proprietary information, after ruling last year there wasn't enough evidence to support an earlier $25 million award.
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January 06, 2025
Biotech Co. Revance Faces Suit After Tender Offer Weakens
Biotechnology company Revance Therapeutics Inc. and two of its executives face a proposed investor class action alleging the company hurt investors after the value of a take-private tender offer was negotiated down following allegations that Revance had breached a distribution deal with another company.
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January 06, 2025
DOD Adds WeChat Owner, CATL To Chinese Military Co. List
The U.S. Department of Defense added dozens of businesses Monday to its list of companies affiliated with the Chinese military, including electric-car battery maker CATL and Tencent Holdings Ltd. — owner of the popular text-messaging app WeChat — prompting Tencent to slam the designation as "clearly a mistake."
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January 06, 2025
Labcorp Loses Appeal Of Gene-Testing Patent In $372M Case
Labcorp, one of the world's largest chains of clinical lab providers, lost its appeal over a patent tied to a $372 million judgment it is facing in the Western District of Texas, after Federal Circuit judges on Monday upheld an administrative patent board ruling against it two years ago.
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January 06, 2025
Judge Urged To Sit Out Alopecia IP Row Over Ex-Clerk's Role
Sun Pharmaceutical Industries has asked a New Jersey federal judge to recuse himself from a case alleging the company's alopecia drug infringes an Incyte patent, saying Incyte's attorneys hired the judge's former law clerk and put him on the case, creating "an indelible appearance of impropriety."
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January 06, 2025
Teoxane Outbids Crown With New Revance Therapeutics Bid
Teoxane SA said Monday it has submitted a proposal to Revance Therapeutics Inc. to acquire the healthcare biotechnology company for $3.60 per share in cash, one-upping Revance's existing agreement to sell itself to skincare company Crown Laboratories Inc. for $3.10 per share in cash.
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January 06, 2025
Girard Sharp Launches Into New Year With New Leadership
San Francisco-based Girard Sharp has kicked off the new year with a major leadership change, announcing Monday that Daniel C. Girard had stepped down as managing partner of the prominent plaintiffs complex litigation boutique he founded in 1995 and that longtime partner Dena C. Sharp was taking the reins.
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January 03, 2025
Vizgen Loses Antitrust Claims Against 10x In Biotech IP Fight
A Delaware federal court on Friday dropped Harvard's business partners at 10x Genomics Inc. out of some of the antitrust counterclaims by a rival biotech developer that is targeted in a patent lawsuit set for trial next month.
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January 03, 2025
Ex-Locke Lord IP Pros To Build Buchanan Chicago Office
More than a dozen intellectual property pros from Locke Lord LLP, which officially merged with Troutman Pepper on Wednesday, are moving over to Buchanan Ingersoll & Rooney PC, and most of them are going to be part of launching the firm's new office in Chicago.
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January 03, 2025
Natera Loses New Trial Bid After Winning $96M Patent Verdict
A Delaware federal judge denied Natera's bid for a new trial in a case where a jury awarded the DNA test company $96 million in damages after finding rival CareDx stole from one of its patents but didn't infringe a second patent, saying Friday that sufficient evidence backed the verdict.
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January 03, 2025
Aetna Says Takeda Inked Deal To Block Generics, Keep Profits
Takeda Pharmaceuticals struck an anticompetitive deal with Par Pharmaceutical to keep a cheaper, generic version of its anticonstipation drug Amitiza off the market after the drug's compound patent expired, Aetna claimed Friday in a Massachusetts lawsuit, with the insurer alleging it overpaid millions of dollars for the brand name drug.
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January 03, 2025
DOJ Wants Oct. Amedisys Trial, UnitedHealth Wants Aug.
The U.S. Department of Justice sparred with UnitedHealth Group in a Maryland federal court filing Friday over when to hold a trial on the government challenge to the $3.3 billion purchase of home health and hospice services company Amedisys Inc.
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January 03, 2025
PBMs 'Wasting' Time in Opioid MDL Discovery Spat: Judge
An Ohio federal judge overseeing multidistrict opioid litigation on Friday denied pharmacy benefit managers a stay to appeal a discovery order and said he believed the PBMs were "wasting" the court's time.
Expert Analysis
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Takeaways From UPC's Amgen Patent Invalidity Analysis
The Unified Patent Court Central Division's decision in Regeneron v. Amgen to revoke a patent for lack of inventive step is particularly clear in its reasoning and highlights the risks to patentees of the new court's central revocation powers, say Jane Evenson and Caitlin Heard at CMS.
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5 Ways Life Sciences Cos. Can Manage Insider Trading Risk
In light of two high-profile insider trading jury decisions against life sciences executives this year, public companies in the sector should revise their policies to account for regulators' new and more expansive theories of liability, says Amy Walsh at Orrick.
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5 Tips To Succeed In A Master Of Laws Program And Beyond
As lawyers and recent law school graduates begin their Master of Laws coursework across the country, they should keep a few pointers in mind to get the most out of their programs and kick-start successful careers in their practice areas, says Kelley Miller at Reed Smith.
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Bayer Antitrust Case Hinged On Evolving Market Definition
Generic flea and tick medication manufacturer Tevra's evolving market definition played a key role in the development and outcome of its five-year antitrust litigation against Bayer Healthcare, highlighting challenges that litigants may face when a proposed definition is assessed at trial, say Amy Vegari and Colleen Anderson at Patterson Belknap.
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IP Hot Topic: The Intersection Of Trademark And Antitrust Law
Antitrust claims – like those in the U.S. Department of Justice’s recent case against Apple – are increasingly influencing trademark disputes and enforcement practices, demonstrating how antitrust law can dilute the power of a trademark, say attorneys at Dentons.
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Series
Being An Opera Singer Made Me A Better Lawyer
My journey from the stage to the courtroom has shown that the skills I honed as an opera singer – punctuality, memorization, creativity and more – have all played a vital role in my success as an attorney, says Gerard D'Emilio at GableGotwals.
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What Drug Cos. Must Know About NY Price Transparency Law
Drug manufacturers must understand the contours of New York's recently implemented law requiring self-reporting of drug price increases, as well as best practices for compliance and challenges against similar laws in other states, say Elizabeth Bierut and Angie Garcia at Friedman Kaplan.
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How Law Firms Can Avoid 'Collaboration Drag'
Law firm decision making can be stifled by “collaboration drag” — characterized by too many pointless meetings, too much peer feedback and too little dissent — but a few strategies can help stakeholders improve decision-making processes and build consensus, says Steve Groom at Miles Mediation.
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What BIPA Reform Law Means For Biometrics Litigation
A recently signed Illinois law amending the Biometric Information Privacy Act limits defendants' liability exposure on a per-scan basis and clarifies that electronic signatures constitute a valid written release, establishing additional issues that courts will need to address in future BIPA litigation, say attorneys at Faegre Drinker.
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Opinion
Litigation Funding Disclosure Key To Open, Impartial Process
Blanket investor and funding agreement disclosures should be required in all civil cases where the investor has a financial interest in the outcome in order to address issues ranging from potential conflicts of interest to national security concerns, says Bob Goodlatte, former U.S. House Representative for Virginia.
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The Licensure Landscape For Psychedelics Manufacturers
As the need for bulk manufacturing of psychedelic substances grows, organizations aiming to support clinical trials or become commercial suppliers must navigate a rigorous and multifaceted journey to obtaining a license from the U.S. Drug Enforcement Administration, say Kimberly Chew at Husch Blackwell and Jaime Dwight at Promega Corp.
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What NFL Draft Picks Have In Common With Lateral Law Hires
Nearly half of law firm lateral hires leave within a few years — a failure rate that is strikingly similar to the performance of NFL quarterbacks drafted in the first round — in part because evaluators focus too heavily on quantifiable metrics and not enough on a prospect's character traits, says Howard Rosenberg at Baretz+Brunelle.
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Replacing The Stigma Of Menopause With Law Firm Support
A large proportion of the workforce is forced to pull the brakes on their career aspirations because of the taboo surrounding menopause and a lack of consistent support, but law firms can initiate the cultural shift needed by formulating thoughtful workplace policies, says Barbara Hamilton-Bruce at Simmons & Simmons.
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Class Actions At The Circuit Courts: August Lessons
In this month's review of class action appeals, Mitchell Engel at Shook Hardy considers certification cases touching on classwide evidence of injury from debt collection practices, defining coupon settlements under the Class Action Fairness Act, proper approaches for evaluating attorney fee awards in class action settlements, and more.
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Leveraging Policy Changes To Achieve AI Patent Eligibility
With the latest U.S. Patent and Trademark Office guidance in hand and legislation looming in Congress, innovators should file their artificial intelligence patent applications now — and five strategies can maximize their chances of success, says Nicholas Gallo at Troutman Pepper.