Life Sciences

  • November 08, 2024

    Ill. Judge Sends Abbott Safety Gear OT Suit To Ohio

    Two Abbott Laboratories employees accusing the company of illegally failing to pay them for sanitary gear changes shouldn't litigate their claims in Chicago but rather Ohio, where a similar lawsuit they were previously part of is pending, an Illinois federal judge said.

  • November 08, 2024

    Ex-Elanco IP Lawyer Lodges Gender Discrimination Suit

    A female former in-house intellectual property lawyer at Elanco Animal Health Inc. sued the pharmaceutical company for gender discrimination in Indiana federal court, alleging she was passed over for a promotion in favor of a less qualified man who later mistreated the women on staff.

  • November 08, 2024

    Judge Lets Plaintiffs Drop Kroger Pain Patch Suit

    An Illinois federal judge on Friday allowed two customers who sued supermarket chain Kroger over the effectiveness of lidocaine patches to ditch their class claims after he denied certification last month, and ultimately dismiss the individual claims with prejudice.

  • November 08, 2024

    White & Case Adds Life Sciences IP Atty From A&O Shearman

    A veteran life sciences patent litigator has jumped from Allen Overy Shearman Sterling to White & Case LLP in New York, expanding the firm’s capabilities to represent medical and pharmaceutical industry clients in complex litigation.

  • November 07, 2024

    Wuhan Chemical Co. Charged In Latest China Fentanyl Bust

    California federal prosecutors announced Thursday that a Wuhan, China-based chemical company has been charged with exporting illegal fentanyl precursors and adulterants to the United States and other countries, the latest in a series of recent criminal actions cracking down on Chinese drug manufacturers' role in the opioid epidemic.

  • November 07, 2024

    Teva Fails To Convince Judge Inhaler Patents Require Drug

    Five patents for an inhaler made by Teva Pharmaceuticals Industries Ltd. don't require an active drug's presence in the device, a New Jersey federal judge has ruled, agreeing with Amneal Pharmaceuticals Inc.'s interpretation of claim language in the brand-name drugmaker's infringement suit against Amneal, a generic pharmaceutical firm.

  • November 07, 2024

    Masimo Spinoff's Ex-CTO Denies Giving Apple Trade Secrets

    Cercacor Laboratories' former chief technology officer testified Thursday that he privately emailed Apple CEO Tim Cook offering to help the tech giant become a top health and wellness device brand, but denied accusations that he gave Apple any of the Masimo spinoff's pulse oximetry trade secrets.

  • November 07, 2024

    Ex-Natera VP Defends Ad Campaign Against Rival Guardant

    A former Natera Inc. marketing vice president defended the company Thursday in a false advertising case launched by Guardant Health Inc., testifying that there was a sales and marketing campaign against Guardant's Reveal colorectal cancer test, but its aim was to address Guardant's "misleading" claims.

  • November 07, 2024

    3rd Circ. Says Tainted Bayer Antifungals Clearly 'Worth Less'

    Four of the nine named plaintiffs in a proposed class action over Bayer's 2021 recall of potentially benzene-tainted antifungal sprays can revive their claims against the company on the grounds that they'd paid for an effectively worthless product, a Third Circuit panel ruled Thursday.

  • November 07, 2024

    FDA Wants Ineffective Decongestant Removed From Market

    The U.S. Food and Drug Administration on Thursday suggested removing the widely used decongestant phenylephrine as an active ingredient in over-the-counter cold and allergy medicines after an agency review determined that the drug is ineffective when taken orally.

  • November 07, 2024

    Ill. Judge Anticipates 'Massive' Outcome Investor Restitution

    An Illinois federal judge signaled Thursday that he anticipates three former Outcome Health executives will pay a "massive" amount in restitution to investors such as Goldman Sachs and CapitalG that were persuaded to give Outcome money in a fraudulent effort to grow the company.

  • November 07, 2024

    Researcher Sues DEA Over Pot Rescheduling Process

    A psychedelic researcher has asked a Washington federal judge to block the Drug Enforcement Administration from proceeding with its plan to hold administrative hearings on a proposal to reclassify marijuana, alleging various breaches of administrative law.

  • November 07, 2024

    Eye Drop Maker To Pay $3.6M To Settle Class Claims

    A maker of homeopathic eye drops has agreed to pay nearly $3.6 million to settle claims its products are being sold as drugs without U.S. Food and Drug Administration approval and don't meet manufacturing safety standards, according to a preliminary settlement agreement filed Wednesday.

  • November 07, 2024

    Teva Can't End Inhaler Antitrust Suit But Gets Claim Nixed

    A Massachusetts federal court refused Teva Pharmaceutical Industries Ltd.'s attempt to end a case accusing it of orchestrating a decade-long scheme to delay generic competition for its QVAR asthma inhalers, but cut allegations that Teva paid Amneal Pharmaceuticals Inc. not to launch its version.

  • November 07, 2024

    Same PBM Conduct Means Same Insulin Price Trial, FTC Says

    Federal Trade Commission staffers want Caremark Rx, Express Scripts and OptumRx kept together in a single in-house case accusing the pharmacy benefit managers of artificially inflating insulin prices through unfair rebate schemes, arguing they are all "accused of violating the same laws by engaging in the same type of conduct."

  • November 07, 2024

    LeBron Eyes Media Merger, AI Startup IPO, And More Rumors

    Basketball star LeBron James wants to merge his TV and film production company with a British studio, while AI-focused startup CoreWeave has selected investment banks to manage an initial public offering planned for 2025, plus a women's clothing retailer and a generic-drug maker are planning a pair of listings that could revive Canada's dormant IPO market.

  • November 06, 2024

    Masimo Expert Cites LED And Foam As Evidence Apple Stole IP

    Apple misappropriated Masimo's pulse oximetry trade secrets and used them to improve its Apple Watch, a Masimo expert witness testified in California federal court Wednesday, pointing to Apple's use of a short circuit LED and a black foam test.

  • November 06, 2024

    Natera Declared 'War' On Guardant, Jury Told At Trial's Start

    Guardant on Wednesday told a California federal jury during opening statements in its false advertising lawsuit that rival Natera saw Guardant's competing colorectal cancer detection test as "an existential threat" and declared "war" while Natera maintained that its ads to doctors comparing the tests were meant "to educate, not deceive."

  • November 06, 2024

    Trump's Win Likely To Spur Deals For Capital Markets Attys

    Former President Donald Trump's decisive win in Tuesday's presidential election will enable deals to proceed on a more certain basis, capital markets advisers said Wednesday, citing pent-up demand to restart capital raising after a long period of subdued activity.

  • November 06, 2024

    After Electoral Defeats, Cannabis Advocates Eye Next Steps

    Cannabis industry advocates and reform activists struck a note of cautious optimism Wednesday following an expected Republican electoral sweep of the federal government, while opponents of legalization touted the defeat of multiple statewide ballot measures as proof of their position that marijuana reform efforts were losing support.

  • November 06, 2024

    Sanctioned Supplier, Abbott Strike Deal Over TM Judgment

    Abbott Laboratories has resolved a dispute with a diabetes test-strip wholesaler that was ordered to pay Abbott $33.4 million after committing discovery misconduct, with the parties saying they've agreed to a settlement after a federal appeals court upheld Abbott's default win in September. 

  • November 06, 2024

    Medtronic Says Axonics Misled Jury To Beat Patent Case

    Medtronic is seeking a new trial after a California federal jury two months ago found that Axonics did not infringe three of its patents related to its bladder and bowel control device, while Axonics wants the court to find that one of those patents wasn't valid to begin with.

  • November 06, 2024

    Feds Fight Philly Injection Site Group's 3rd Circ. Appeal

    The U.S. Department of Justice has urged the Third Circuit to preserve its win in preventing an overdose prevention organization from opening a supervised safe-injection site in Philadelphia, arguing that a lower court correctly ruled that the group is not a religious organization eligible for federal protection.

  • November 06, 2024

    Insurers Urge Del. Justices To Reverse Drug Co. Policy Ruling

    Attorneys for three insurers battling Alexion Pharmaceuticals Inc. over potential director and officer insurance payouts in a securities action launched before Alexion received a separate federal regulator penalty told Delaware's Supreme Court on Wednesday that a lower court decision wrongly sided with the company on coverage worth an additional $20 million.

  • November 06, 2024

    Feds Look To Halt Vitamin Co. Payouts Amid $1.4M Tax Fight

    A couple who bought a vitamin supplement company shouldn't continue to get payments from the business amid a suit claiming they're liable for a previous owner's $1.4 million tax lien, the U.S. Department of Justice told a Connecticut federal court Wednesday.

Expert Analysis

  • Newly Acquired Information Can Be Key In Drug Label Cases

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    The question of whether federal law preempts state law claims is often central in pharmaceutical labeling cases, like the Fosamax litigation now before the Third Circuit — but parties must also consider whether there is newly acquired information to justify submitting a proposed labeling change in the first place, say attorneys at Arnold & Porter.

  • Nvidia Case's Potential Impact On Securities Class Actions

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    In Nvidia v. Ohman Fonder, the U.S. Supreme Court could strip lower courts of their long-standing ability and obligation to holistically weigh all relevant facts supporting plaintiffs' allegations of securities fraud, which would have a wide-ranging impact on securities fraud class actions in the U.S., say attorneys at Labaton Keller.

  • How Attorneys Can Break Free From Career Enmeshment

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    Ambitious attorneys can sometimes experience career enmeshment — when your sense of self-worth becomes unhealthily tangled up in your legal vocation — but taking the time to discover and realign with your core personal values can help you recover your identity, says Janna Koretz at Azimuth Psychological.

  • Key Healthcare Issues That Hinge On The Election Outcome

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    The 2024 presidential race, while not heavily dominated by healthcare issues compared to past elections, holds significant implications for the direction of healthcare policy in a potential Harris or Trump administration, encompassing issues ranging from Medicare to artificial intelligence, says Miranda Franco at Holland & Knight.

  • Patent Lessons From 4 Federal Circuit Reversals In September

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    Cases that were reversed or vacated by the Federal Circuit last month provide helpful clarity on collateral estoppel, patent eligibility, construction of claim terms that have different boundaries across different claims, and the role of courts as neutral arbiter, say attorneys at Bunsow De Mory.

  • Lawyers With Disabilities Are Seeking Equity, Not Pity

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    Attorneys living with disabilities face extra challenges — including the need for special accommodations, the fear of stigmatization and the risk of being tokenized — but if given equitable opportunities, they can still rise to the top of their field, says Kate Reder Sheikh, a former attorney and legal recruiter at Major Lindsey & Africa.

  • Opinion

    Judicial Committee Best Venue For Litigation Funding Rules

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    The Advisory Committee on Civil Rules' recent decision to consider developing a rule for litigation funding disclosure is a welcome development, ensuring that the result will be the product of a thorough, inclusive and deliberative process that appropriately balances all interests, says Stewart Ackerly at Statera Capital.

  • The Strategic Advantages Of Appointing A Law Firm CEO

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    The impact on law firms of the recent CrowdStrike outage underscores that the business of law is no longer merely about providing supplemental support for legal practice — and helps explain why some law firms are appointing dedicated, full-time CEOs to navigate the challenges of the modern legal landscape, says Jennifer Johnson at Calibrate Strategies.

  • How 2 Proposed Bills Could Transform Patent Law

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    The Patent Eligibility Restoration Act and the Prevail Act may come up for vote by the Senate Judiciary Committee after the election, and both offer benefits and challenges for inventors and companies seeking to obtain patents, says Philip Nelson at Knobbe Martens.

  • Series

    Beekeeping Makes Me A Better Lawyer

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    The practice of patent law and beekeeping are not typically associated, but taking care of honeybees has enriched my legal practice by highlighting the importance of hands-on experience, continuous learning, mentorship and more, says David Longo at Oblon McClelland.

  • Budding Lessons From Landmark Plant Seed Patent Battle

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    The Corteva v. Inari case involving intellectual property rights in genetically modified plants is now proceeding through discovery and potentially to trial, and will raise critical questions that could have a major impact on the agriculture technology industry, say Tate Tischner and Andrew Zappia at Troutman Pepper.

  • The Key To Solving High Drug Costs Is Understanding Causes

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    One-sided views on who or what contributes to the high cost of pharmaceuticals render possible solutions much harder to discover and implement, and a better approach would be to examine history and learn why costs have increased and what legislation has and hasn't helped, says Nancy Linck at NJ Linck Consulting.

  • Opinion

    Legal Institutions Must Warn Against Phony Election Suits

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    With two weeks until the election, bar associations and courts have an urgent responsibility to warn lawyers about the consequences of filing unsubstantiated lawsuits claiming election fraud, says Elise Bean at the Carl Levin Center for Oversight and Democracy.

  • Opinion

    Bring Back Patent Models To Shut Down The Patent Trolls

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    By reintroducing the requirement that inventors submit a miniature working model of their inventions along with their patent, legislators could help to deter patent trolls, reduce frivolous litigation and support legitimate inventors in protecting their innovations, says Darin Gibby at Kilpatrick.

  • Strategies To Avoid Patent Issues In AI Drug Discovery

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    Artificial intelligence has the potential to improve drug discovery and design, but companies should consider a variety of factors when patenting drugs created using AI systems, including guidance from the U.S. Patent and Trademark Office and methods for protecting patent eligibility, say attorneys at Ropes & Gray.

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