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Life Sciences
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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.
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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."
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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.
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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.
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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.
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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.
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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.
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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.
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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.
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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.
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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.
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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.
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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.
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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.
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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.
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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.
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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.
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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.
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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.
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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.
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December 05, 2024
Fed. Circ. Grapples With Injunctions On Eylea Biosimilars
Regeneron Pharmaceuticals Inc. faced a two-pronged challenge before a Federal Circuit panel Thursday as two companies sought to undo a court order prohibiting them from releasing their biosimilar versions of Regeneron's Eylea eye medication.
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December 05, 2024
IP Forecast: PTAB To Hear Pfizer Fight Over COVID-19 Patents
Pfizer heads to an administrative board at the U.S. Patent and Trademark Office next week to argue Moderna should not have been issued patents covering "a basic idea" like using mRNA to fight the COVID-19 virus. Here's a spotlight on that case — plus all the other major intellectual property matters on deck in the coming week.
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December 05, 2024
Fla. Labs Say Cigna's Trial 'Confession' Erases $7.3M Verdict
Three Florida drug testing laboratories have urged a Connecticut federal court to undo a $7.3 million jury verdict for Cigna Health and Life Insurance Co. over unjustified billings, arguing a new trial is warranted after the insurer allegedly made a "confession" during opening statements that it wasn't seeking damages for itself.
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December 05, 2024
Gov't Efficiency Push Is A 'New Day,' House Speaker Says
House Speaker Mike Johnson, R-La., spoke excitedly Thursday about the new government efficiency operation helmed by billionaire Elon Musk and former presidential candidate Vivek Ramaswamy and touted the budding bipartisan lineup of a congressional caucus that will work with it.
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December 06, 2024
FINRA Fines Firm $900K Over SPAC Underwriting Fee Issues
The Financial Industry Regulatory Authority has fined New York-based LifeSci Capital LLC nearly $1 million over claims that it received and failed to disclose unfair and unreasonable fees for an initial public offering it underwrote.
Expert Analysis
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How Attorneys Can Break Free From Career Enmeshment
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.
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Key Healthcare Issues That Hinge On The Election Outcome
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.
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Patent Lessons From 4 Federal Circuit Reversals In September
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.
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Lawyers With Disabilities Are Seeking Equity, Not Pity
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.
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Opinion
Judicial Committee Best Venue For Litigation Funding Rules
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.
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The Strategic Advantages Of Appointing A Law Firm CEO
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.
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How 2 Proposed Bills Could Transform Patent Law
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.
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Series
Beekeeping Makes Me A Better Lawyer
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.
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Budding Lessons From Landmark Plant Seed Patent Battle
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.
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The Key To Solving High Drug Costs Is Understanding Causes
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.
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Opinion
Legal Institutions Must Warn Against Phony Election Suits
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.
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Opinion
Bring Back Patent Models To Shut Down The Patent Trolls
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.
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Strategies To Avoid Patent Issues In AI Drug Discovery
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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How Cos. Can Build A Strong In-House Pro Bono Program
During this year’s pro bono celebration week, companies should consider some key pointers to grow and maintain a vibrant in-house program for attorneys to provide free legal services for the public good, says Mary Benton at Alston & Bird.
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Bristol-Myers Win Offers Lessons For Debt Security Holders
A New York federal judge's recent dismissal of a $6.4 billion lawsuit against Bristol-Myers Squibb, due to plaintiff UMB Bank's lack of standing, serves as an important reminder to debt security holders to obtain depositary proxies before pursuing litigation, say attorneys at Milbank.