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Life Sciences
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July 15, 2025
9th Circ. Backs Nature's Way Loss In Supplements TM Suit
The Ninth Circuit on Tuesday upheld a lower court's finding that a Doctor's Best Inc. brand of supplements didn't infringe a trademark of competitor Nature's Way Products LLC because the Doctor's Best products were all sold outside the U.S.
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July 15, 2025
Abbott Brass Ignoring Call For Formula Plant Probe, Suit Says
An Abbot shareholder has launched a derivative lawsuit in Illiniois state court accusing the company's leaders of improperly sitting on her demand to investigate a baby formula shortage caused by safety and regulatory violations that she said executives and officers hid from the public.
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July 15, 2025
Fed. Circ. Temporarily Blocks MSN's Entresto Generic
The Federal Circuit gave Novartis Pharmaceuticals Corp. a temporary reprieve Tuesday from having to face generic competition for its top-selling drug, Entresto, after losing a bench trial in Delaware.
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July 15, 2025
J&J Demands Sanctions Over Atty's 'Frivolous' Bias Suit In NJ
Johnson & Johnson has blasted a former in-house data privacy attorney's discrimination suit against the company as "baseless and defamatory" and demanded sanctions against the ex-employee in New Jersey federal court.
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July 15, 2025
PTAB Knocks Out Claims In 3 Nasal Airway Patents
The Patent Trial and Appeal Board has invalidated a host of claims across a trio of nasal airway treatment patents owned by Aerin Medical, agreeing with challenger Neurent Medical that the claims were obvious.
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July 14, 2025
DOJ Drops Vax Card Case Against Plastic Surgeon Mid-Trial
The Justice Department dismissed charges against a Utah plastic surgeon accused of leading a conspiracy to forge COVID-19 vaccination cards for over 1,500 people, ending the case less than a week after trial began in Salt Lake City federal court.
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July 14, 2025
USPTO Acting Director Spurns 'Traditional Knowledge' Treaty
The U.S. Patent and Trademark Office's acting director has come out against an international treaty that could require patent applicants to report if an invention uses the traditional knowledge of indigenous people, suggesting in remarks that such a rule would undermine the global patent system's effectiveness.
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July 14, 2025
Judge Says Med Device 401(k) Fee Suit Should Get A Trim
A Massachusetts federal magistrate judge recommended narrowing a proposed class action claiming a medical technology company saddled its retirement plan with excessive fees and abused forfeited funds, ruling the workers failed to show the business violated the plan's terms.
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July 14, 2025
Fed. Circ. Upholds PTAB Ax Of J&J Unit's Catheter Patent
The Federal Circuit on Monday upheld the Patent Trial and Appeal Board's invalidation of a Johnson & Johnson unit's patent on a device for clearing blocked arteries, saying an Abbott Laboratories unit's challenge was not improperly based on what the patent admitted was an earlier invention.
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July 14, 2025
2nd Circ. Affirms Biotech Founder's Win In Trading Suit
The Second Circuit on Monday affirmed an early win for the founder of biotech Y-mAbs Therapeutics Inc. in a suit alleging he realized more than $2.5 million in short-swing profits after he exchanged his shares for those of another company, agreeing with the lower court that the move didn't constitute a "purchase."
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July 14, 2025
Tevra Asks 9th Circ. To Revive Bayer Flea, Tick Meds Suit
Tevra Brands LLC called on the Ninth Circuit to order a new trial after it said a lower court made several errors that prevented it from showing a jury that Bayer HealthCare LLC used exclusive contracts to lock up the market for a flea and tick treatment for dogs and cats.
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July 14, 2025
J&J Unit Follows Fed. Circ. Win With Schizophrenia Drug Suits
Johnson & Johnson's Janssen subsidiaries have sued Sun Pharma for patent infringement in federal courts in New Jersey and Delaware over the generics maker's plans to market its versions of Janssen's Invega Sustenna drug last week, following Janssen beating a patent challenge for the schizophrenia drug in the Federal Circuit.
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July 14, 2025
Mich. Jury Sides With Red Cross In COVID Vax Refusal Suit
A Michigan federal jury on Monday found that a former American Red Cross nurse's request for an exemption from the organization's COVID-19 vaccine mandate wasn't based on a sincere religious belief that barred her from getting the injection, rejecting the worker's request for more than $6 million in damages for her firing.
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July 14, 2025
Masimo Corp. Settles Investor Suit Over Revenue Disclosures
Masimo Corp. has settled proposed class claims alleging the health technology firm misrepresented the company's finances and plans to investors, according to a filing in Southern California federal court.
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July 14, 2025
Aetna, CVS Can't Dodge $21M Payment Battle, Lab Says
A Pennsylvania-based medical laboratory has told a Connecticut federal court its lawsuit against Aetna and its owner, CVS Health Corp., sufficiently accused the companies of failing to pay $20.6 million in invoices.
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July 14, 2025
Kirkland, Wachtell Guide $17.5B Waters-BD Life Sciences Deal
Waters Corp. and Becton Dickinson and Co., or BD, said Monday they will combine BD's Biosciences and Diagnostic Solutions unit with Waters in a $17.5 billion deal using a Reverse Morris Trust structure, in a deal steered by Kirkland & Ellis LLP and Wachtell Lipton Rosen & Katz.
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July 11, 2025
DOJ Sends Warning In Gender Care Provider Subpoenas
The announcement of federal subpoenas targeting doctors who offer gender-affirming care signals an escalation in the Trump administration's campaign against such treatment, experts say, delivering a warning to healthcare providers.
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July 11, 2025
Catching Up On Stewart's Discretionary Denial Decisions
Acting U.S. Patent and Trademark Office Director Coke Morgan Stewart and a top administrative patent judge issued 15 discretionary denial decisions on Patent Trial and Appeal Board petitions over the past week, across nearly 40 cases. Here's what they decided.
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July 11, 2025
AbbVie Defeats Investor Class Suit Alleging Humira Kickbacks
AbbVie on Thursday defeated a certified securities class action that accused it of giving healthcare providers unlawful kickbacks in exchange for prescribing its flagship arthritis drug Humira when an Illinois federal judge ruled that AbbVie provided legitimate services that were "integrally tied" to the drug itself.
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July 11, 2025
Amgen Eyes New Trial After Regeneron's $407M Antitrust Win
Amgen urged a Delaware federal judge in documents made public Friday to overturn a nearly $407 million antitrust and tortious-interference verdict in favor of Regeneron, saying there was a serious lack of evidence shown to the jury.
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July 11, 2025
Courts Face Early Push To Expand Justices' Injunction Ruling
In the two weeks since the U.S. Supreme Court curtailed federal judges' ability to issue universal injunctions, Trump administration attorneys have begun pushing to expand the decision's limits to other forms of relief used in regulatory challenges and class actions. So far, judges don't appear receptive to those efforts.
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July 11, 2025
Success Tricking FDA Shouldn't Protect Merck, Justices Told
Physicians asked the U.S. Supreme Court to review a decision immunizing Merck & Co. from antitrust claims over submissions it made to federal regulators over its mumps vaccine, arguing the Third Circuit went far beyond its peers in holding that deceiving the government isn't illegal if the deception worked.
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July 11, 2025
Fed. Circ. Questions Patent Ownership After J&J's $20M Loss
The Federal Circuit appeared somewhat skeptical Friday that an orthopedic surgeon held onto the rights of knee replacement patents that he disputably assigned elsewhere, which would endanger the $20 million infringement verdict he won against a Johnson & Johnson unit.
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July 11, 2025
3rd Circ. Revives Benicar MDL Fees Suit Against NJ Law Firm
The Third Circuit on Friday revived a proposed class action against Mazie Slater Katz & Freeman LLC attorneys that claims they took excessive fees from plaintiffs' settlements in multidistrict litigation over the blood pressure drug Benicar, remanding the dispute for the district court to determine whether it has jurisdiction over the case.
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July 11, 2025
Fired Red Cross Vax Refuser Seeks $6M As Jury Trial Wraps
An attorney for a nurse fired from the American Red Cross after being denied religious accommodation from the COVID-19 vaccine mandate asked a Detroit federal jury Friday for more than $6 million in damages for what he said was the organization's disregard of the woman's beliefs.
Expert Analysis
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AG Watch: Texas Expands Use Of Consumer Protection Laws
In recent years under Attorney General Ken Paxton, Texas has demonstrated the breadth of its public interest authority by bringing actions in areas not traditionally associated with consumer protection law, including recent actions involving sports and public safety, say attorneys at Kelley Drye.
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Series
Power To The Paralegals: An Untapped Source For Biz Roles
Law firms looking to recruit legal business talent should consider turning to paralegals, who practice several key skills every day that prepare them to thrive in marketing and client development roles, says Vanessa Torres at Lowenstein Sandler.
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A Path Forward For Colo. Pot Products After Failed Safety Test
As cannabis products in Colorado face increasingly rigorous contamination testing, decontamination and remediation can be an alternative to destruction after a failed safety check, in certain circumstances, so understanding the nuances of these procedures is vital, say attorneys at Troutman Pepper.
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Series
Playing Poker Makes Me A Better Lawyer
Poker is a master class in psychology, risk management and strategic thinking, and I’m a better attorney because it has taught me to read my opponents, adapt when I’m dealt the unexpected and stay patient until I'm ready to reveal my hand, says Casey Kingsley at McCreadyLaw.
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What EU 'Killer Acquisition' Study Means For Pharma Deals
The European Commission’s recent study of pharmaceutical companies' acquisitions of emerging competitive threats, the first of its kind globally, has important implications for the industry, and may lead to increased awareness of merger control risks in collaborative agreements, say lawyers at Paul Weiss.
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Legal Risks For Providers Discussing Psychedelic Therapies
The emergence of psychedelic therapies as potential treatments for mental health conditions and other ailments continues to garner significant attention, but the legal landscape surrounding discussions and referrals remains fraught with complexity, creating potential risks for healthcare providers and institutions, says Kimberly Chew at Husch Blackwell.
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Series
Law School's Missed Lessons: Becoming A Firmwide MVP
Though lawyers don't have a neat metric like baseball players for measuring the value they contribute to their organizations, the sooner new attorneys learn skills frequently skipped in law school — like networking, marketing, client development and case evaluation — the more valuable, and less replaceable, they will be, says Alex Barnett at DiCello Levitt.
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Trade Secrets Would Likely See Court Protection From GenAI
The advent of generative artificial intelligence has given rise to debate about how this technology will affect intellectual property rights and trade secret protections in particular, but courts to date have protected owners when technological advances have facilitated new means for trade secret theft, say attorneys at Kilpatrick Townsend.
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A Breakdown Of Trump's Order On Drug Pricing
The Trump administration may attempt to effectuate through rulemaking a recently issued executive order on lowering drug prices, which would likely have an adverse effect on stakeholders and trigger litigation, say attorneys at Debevoise.
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Cosmetic Co. Considerations As More States Target PFAS
In the first quarter of the year, seven states introduced or passed legislation focused on banning the sale of cosmetics that contain PFAS, making it necessary for businesses to adjust their product testing and supply chain practices, product formulations, marketing strategies, and more, say attorneys at Alston & Bird.
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Del. Bill Reflects Nat'l Tug-Of-War Between Cannabis, Alcohol
As Delaware's bill targeting hemp-derived THC beverages and ingestible products moves through the general assembly, it reads like a local regulatory fix — but in reality, it's a microcosm of a national power struggle playing out state-by-state across the cannabis frontier, says attorney Peter Murphy.
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$38M Law Firm Settlement Highlights 'Unworthy Client' Perils
A recent settlement of claims against law firm Eckert Seamans for allegedly abetting a Ponzi scheme underscores the continuing threat of clients who seek to exploit their lawyers in perpetrating fraud, and the critical importance of preemptive measures to avoid these clients, say attorneys at Lockton Companies.
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Maintaining Legal Compliance For GenAI In Life Sciences
As companies continue to implement generative artificial intelligence to enhance all phases of drug discovery, they must remain mindful of legal, regulatory and practical considerations as best practices in this space emerge and evolve, say attorneys at Sullivan & Cromwell.
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Trending At The PTAB: The Influence Of Litigation Arguments
Recent decisions from the Patent Trial and Appeal Board shed light on the varying extent to which the board considers patent owners' district court arguments, particularly with respect to the meaning of claim terms, say attorneys at Finnegan.
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Series
Teaching Business Law Makes Me A Better Lawyer
Teaching business law to college students has rekindled my sense of purpose as a lawyer — I am more mindful of the importance of the rule of law and the benefits of our common law system, which helps me maintain a clearer perspective on work, says David Feldman at Feldman Legal Advisors.