Life Sciences

  • December 09, 2023

    Texas High Court Halts Order Granting Emergency Abortion

    The Texas Supreme Court hit pause late Friday on a lower-court ruling that granted a pregnant woman permission for an emergency abortion in a fast-moving case believed to be the first of its kind in decades.

  • December 08, 2023

    Circuit-By-Circuit Guide To 2023's Most Memorable Moments

    A former BigLaw partner in his 30s made history by joining a preeminent circuit court, a former BigLaw partner in his 50s made waves by leaving the largest circuit, and a former chemist in her 90s made enemies by resisting a probe on the most specialized circuit. That's a small sample of the intrigue that flourished in 2023 throughout the federal appellate system, where diversity bloomed and controversy abounded.

  • December 08, 2023

    New Drug Patent Proposal Sparks Worry Over Gov't Overstep

    The Biden administration's proposal to seize drug patents if the prices of the medicines are deemed unreasonable is expected to face significant legal pushback, and the potential effects on the pharmaceutical industry may not be what the administration had in mind, experts say.

  • December 08, 2023

    Carriers Urge Pa. Justices To Flip Policyholder Pandemic Win

    The insurers of a Pittsburgh dental practice told the Pennsylvania Supreme Court in an appeal Friday to recognize that, like many other plaintiffs, the dentist can't be covered for his COVID-19 losses because there was no physical damage to his office.

  • December 08, 2023

    JPML Moves Actions On Ineffective Decongestants To NY

    The U.S. Judicial Panel on Multidistrict Litigation has consolidated 10 suits accusing companies of making and selling over-the-counter cough and cold medicine that doesn't do anything, sending them to the Eastern District of New York and signaling that many more could follow.

  • December 08, 2023

    Ex-CEO Admits Securities Fraud In Fake COVID Test Case

    A former biotech CEO pled guilty in D.C. federal court Thursday to charges of securities fraud, wire fraud and obstruction after he concocted a scheme to defraud investors by falsely telling them he had developed a new blood-based COVID-19 test despite knowing the test didn't exist.

  • December 08, 2023

    SC Argues With 4th Circ. Over Right To Sue Under Medicaid

    A recently decided U.S. Supreme Court case that tailored the test for when private lawsuits can be filed under a federal health law took center stage Friday at the Fourth Circuit, where judges grappled with whether they must rethink a previous ruling preventing South Carolina from dropping a Medicaid provider pact it had with Planned Parenthood.

  • December 08, 2023

    Barnes & Thornburg Adds Healthcare Atty From Krieg DeVault

    Barnes & Thornburg LLP is continuing to expand its healthcare department, recently bringing on a longtime partner and chair of the healthcare practice group at Krieg DeVault LLP to its Indianapolis office.

  • December 08, 2023

    Magistrate Pans Countersuit To Rwanda's $40M Fraud Claim

    A Massachusetts pharmaceutical company that countersued Rwanda's social security board after it accused the firm and its owner of a $40 million fraud has failed to show the African nation abused the judicial process or interfered with the company's business deals, a Delaware Court of Chancery magistrate said Friday.

  • December 08, 2023

    Biomedical Cos. Score $62M Award In Trade Secrets Trial

    A California federal judge entered judgment Thursday ordering a former Skye Orthobiologics employee to pay more than $62 million to Skye and Human Regenerative Technologies after a jury found the defendant breached his fiduciary duties and loyalty when he started a competing business using the plaintiffs' proprietary information.

  • December 08, 2023

    Novo Nordisk Must Face Bulk Of Woman's Ozempic Injury Suit

    A Louisiana federal judge on Friday declined to free Novo Nordisk Inc. from a suit by a woman alleging it failed to warn about certain side effects of the diabetes drug Ozempic, dismissing only her breach of express warranty claims.

  • December 08, 2023

    J&J Hit With Suit Over Stelara Exclusivity

    A group of Blue Cross and Blue Shield licensees has filed a lawsuit in Virginia federal court claiming Johnson & Johnson has been trying to stifle competition in the market for the immunosuppressive drug Stelara, saying it defrauded federal patent officials.

  • December 08, 2023

    UK Litigation Roundup: Here's What You Missed In London

    The past week in London has seen Tesla drive patent proceedings against technology company InterDigital, Genesis band members say That's (not) All in a breach of contract claim against Virgin Records, and betting giant Entain play its hand in a claim over its acquisition of BetCity last year. Here, Law360 looks at these and other new claims in the U.K.

  • December 08, 2023

    US Glycine Co. Rips Commerce's Refusal To Expand Duties

    A domestic amino acid producer called on the U.S. Court of International Trade to expand anti-dumping and countervailing tariffs on glycine, saying the U.S. Department of Commerce arbitrarily refused to include calcium glycinate in the orders.

  • December 07, 2023

    Generics Price-Fixing Cases Should Stay In MDL, Judge Says

    The Pennsylvania federal judge overseeing sprawling multidistrict litigation against generic-drug makers on Thursday told the U.S. Judicial Panel on Multidistrict Litigation that she does not recommend transferring state enforcer actions out of the MDL yet, saying there's more the court can do to get the cases ready for trial or to tee up settlement talks.

  • December 07, 2023

    Gilead Sued In Calif. Over Remdesivir COVID-19 Claims

    Patients hospitalized with COVID-19 and their surviving families are suing pharmaceutical company Gilead Sciences Inc. over the antiviral drug remdesivir, alleging the drug that received emergency approval in May 2020 was pushed through despite risks of organ damage and death, in a case removed to California federal court on Wednesday.

  • December 07, 2023

    6th Circ. Judge Doubts Error In Tossing Diabetes Drug MDL

    A Sixth Circuit judge seemed unconvinced Thursday that a lower court was wrong to exclude a plaintiff expert it said relied on a single trial that didn't do enough to show diabetes medication caused heart failure, a ruling that doomed the suit against major drugmakers.

  • December 07, 2023

    Teva Says EpiPen Suit Only Remedy For Colo. Takings

    Teva Pharmaceuticals USA has urged a Colorado federal judge to keep alive its lawsuit challenging the state's epinephrine auto-injector affordability program as an unconstitutional taking, arguing that the alternative of repeatedly suing in state court for compensation isn't reasonable.

  • December 07, 2023

    Fed. Circ. OKs Mixed Ruling For Lundbeck In Trintellix IP Case

    The Federal Circuit has backed a decision that a slew of generic-drug makers don't infringe two of H. Lundbeck's patents on antidepressant drug Trintellix, while also affirming a decision that Lupin Pharmaceuticals Inc. infringes another patent.

  • December 07, 2023

    Congress Members Pitch Bill Letting States Set Pot Policy

    Members of Congress on Thursday unveiled a revamped version of a bipartisan bill to allow states, tribes and U.S. territories to implement their own marijuana policies without interference from federal prohibition.

  • December 07, 2023

    Feds Say Lack Of Funding, Officers Fueling Native Drug Crisis

    A shortage of federal law enforcement, spare funding, jurisdictional issues, remote locations and bureaucratic red tape are all feeding into the fentanyl crisis plaguing Indian Country, federal officials told the U.S. Senate Indian Affairs Committee, yet there are no fast or easy answers on how to quell the problem.

  • December 07, 2023

    Pfizer Unit Agrees To Construct Floodplain At Superfund Site

    The federal government is urging a New Jersey federal court to greenlight a settlement under which a Pfizer Inc. unit would fund the construction and maintenance of a floodplain, billed as compensation for contamination the company has previously paid $263 million to remediate.

  • December 07, 2023

    Texas Judge Says Woman Can Get Abortion Despite State Ban

    A Texas judge issued an order Thursday allowing an abortion for a Dallas-Fort Worth woman whose pregnancy complications have prompted repeated visits to the emergency room, in what advocates believe is the first case of its kind in decades.

  • December 07, 2023

    Amyris Files Ch. 11 Plan With $23M Creditor Deal

    Biochemical company Amyris Inc. has filed a Chapter 11 plan disclosure statement saying it has reached a deal that could provide more than $23 million to unsecured creditors but that the proceeds of last week's auction of its brand assets were less than expected.

  • December 07, 2023

    Biden Admin Looks To Take Over Expensive Drug Patents

    The Biden administration announced a framework Thursday morning that proposes including prices as a factor when deciding if the public can easily obtain a taxpayer-funded drug and allowing government agencies to license the patent behind the product to another party if the cost is determined to be too high.

Expert Analysis

  • Reading The Fine Print On FDA's Prescription Drug Ad Rule

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    The U.S. Food and Drug Administration's new final rule regarding the disclosure of risks and side effects in ads for prescription drugs includes some broad and potentially subjective language, and some missed opportunities to address how traditional media formats have changed in recent years, say attorneys at Ropes & Gray.

  • Perils Of Incorporation By Reference At The Federal Circuit

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    The Federal Circuit's recent decision backing a Patent Trial and Appeal Board ruling against Medtronic illustrates the perils of arguments through incorporation by reference, which can result in waiver of arguments and an adverse decision on appeal, says Ryan Hagglund at Loeb & Loeb.

  • Series

    Performing Music Makes Me A Better Lawyer

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    The discipline of performing live music has directly and positively influenced my effectiveness as a litigator — serving as a reminder that practice, intuition and team building are all important elements of a successful law practice, says Jeff Wakolbinger at Bryan Cave.

  • 'Patient' Definition Ruling Raises Discount Drug Questions

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    A South Carolina federal court's recent decision in Genesis Health Care v. Becerra supports a broader definition of a "patient" eligible to receive discounted drugs under the Section 340B program, but raises a host of novel questions regarding how the decision will affect covered entities and enforcement actions, say attorneys at McDermott.

  • Breaking Down High Court's New Code Of Conduct

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    The U.S. Supreme Court recently adopted its first-ever code of conduct, and counsel will need to work closely with clients in navigating its provisions, from gift-giving to recusal bids, say Phillip Gordon and Mateo Forero at Holtzman Vogel.

  • How Purdue High Court Case Will Shape Ch. 11 Mass Injury

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    The U.S. Supreme Court's recent arguments in Harrington v. Purdue Pharma, addressing the authority of bankruptcy courts to approve nonconsensual third-party releases in Chapter 11 settlement plans, highlight the case's wide-ranging implications for how mass injury cases get resolved in bankruptcy proceedings, says George Singer at Holland & Hart.

  • Opinion

    Legal Profession Gender Parity Requires Equal Parental Leave

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    To truly foster equity in the legal profession and to promote attorney retention, workplaces need to better support all parents, regardless of gender — starting by offering equal and robust parental leave to both birthing and non-birthing parents, says Ali Spindler at Irwin Fritchie.

  • Managing ANDA Venue Issues As Del. And NJ Filings Rise

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    Delaware and New Jersey have prevailed as the primary forum for pharmaceutical litigation as more generic companies file abbreviated new drug applications, but this venue scheme presents traps for the unwary, and legislation may still be necessary to ensure fairness and predictability, say Timothy Cook and Kevin Yurkerwich at WilmerHale.

  • Series

    Writing Thriller Novels Makes Me A Better Lawyer

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    Authoring several thriller novels has enriched my work by providing a fresh perspective on my privacy practice, expanding my knowledge, and keeping me alert to the next wave of issues in an increasingly complex space — a reminder to all lawyers that extracurricular activities can help sharpen professional instincts, says Reece Hirsch at Morgan Lewis.

  • What Lawyers Must Know About Calif. State Bar's AI Guidance

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    Initial recommendations from the State Bar of California regarding use of generative artificial intelligence by lawyers have the potential to become a useful set of guidelines in the industry, covering confidentiality, supervision and training, communications, discrimination and more, say attorneys at Debevoise.

  • Industry Must Elevate Native American Women Attys' Stories

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    The American Bar Association's recent research study into Native American women attorneys' experiences in the legal industry reveals the glacial pace of progress, and should inform efforts to amplify Native voices in the field, says Mary Smith, president of the ABA.

  • The Fed. Circ. In Nov.: Factual Support And Appellate Standing

    The Federal Circuit's recent Allgenesis Biotherapeutics v. Cloud Break Therapeutics decision shows that appellate standing requires specific factual support, underscoring the necessary requirements for a patent challenger in an appeal from an inter partes review at the U.S. Patent and Trademark Office, say Jeremiah Helm and Sean Murray at Knobbe Martens.

  • White House Activity Is A Band-Aid For Regulating AI In Health

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    In the medium term, recent White House actions will have a greater impact on AI in the health care industry than Congress' sluggish efforts to regulate it, but ultimately legislation of AI's development and use in the health space will fall to Congress, say Wendell Bartnick and Vanessa Perumal at Reed Smith.

  • Understanding Discovery Obligations In Era Of Generative AI

    Excerpt from Practical Guidance
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    Attorneys and businesses must adapt to the unique discovery challenges presented by generative artificial intelligence, such as chatbot content and prompts, while upholding the principles of fairness, transparency and compliance with legal obligations in federal civil litigation, say attorneys at King & Spalding.

  • Kochava Ruling May Hint At Next Privacy Class Action Wave

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    The Southern District of California's recent ruling in Greenley v. Kochava and increasing complaints alleging that a consumer website is an illegal “pen register” due to the use of third-party marketing software tools foreshadow a new theory of liability for plaintiffs in privacy litigation, say attorneys at Crowell & Moring.

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