Life Sciences

  • April 08, 2024

    Goodwin Adds 5-Atty Tech Team From Cooley In Boston

    A team of five partners in technology and life sciences has left Cooley LLP for Goodwin Procter LLP's Boston office.

  • April 08, 2024

    Kirkland-Led Vista Buying Medtech Co. 'Model N' For $1.25B

    Kirkland & Ellis LLP-led Vista Equity Partners has agreed to buy Fenwick & West LLP-advised Model N, a provider of revenue optimization and compliance tools for healthcare tech companies, in a take-private transaction valued at approximately $1.25 billion, the companies said Monday. 

  • April 05, 2024

    Apple Asks Fed. Circ. To Upend ITC Watch Feature Ban

    The U.S. International Trade Commission overstepped its authority in banning the import of the Apple Watch after finding it infringes Masimo Corp. patents on technology measuring oxygen in blood, Apple told the Federal Circuit on Friday, saying Masimo rushed its claims before the commission without having a product practicing the asserted patents.

  • April 05, 2024

    'Take The Win,' Judge Tells Texas In HHS Abortion Pill Suit

    Texas' lawsuit challenging the Biden administration's guidance to require pharmacies to dispense abortion medication is moot following revised U.S. Department of Health and Human Services guidance clarifying that access to the drug isn't for abortion purposes, a federal judge ruled Friday, saying the state "should take the win."

  • April 05, 2024

    Abbott Settles TM Suit Over Gray Market Diabetes Test Strips

    Abbott Laboratories told a New York federal judge Friday that the company has settled what remains of its trademark litigation campaign against makers of gray market diabetes test strips that has been going on since 2015.

  • April 05, 2024

    Judge Lourie's Dissent Revives Debate Over FDA Safe Harbor

    U.S. Circuit Judge Alan Lourie has urged the Federal Circuit to reconsider its precedent over a safe harbor that allows infringement when companies are developing products regulated by the U.S. Food and Drug Administration, and many attorneys agreed with him that the appeals court has been improperly expanding the safe harbor for decades.

  • April 05, 2024

    Fed. Circ. Says Sumitomo's Expired Drug Patent Moots Appeal

    The U.S. Patent and Trademark Office received a win on Friday when the Federal Circuit found that since Sumitomo Pharma's patent on a dosage regimen for a schizophrenia drug expired just before the appeals court heard oral arguments, the company's appeal of a decision invalidating all the claims is moot.

  • April 05, 2024

    Texas Man Gets 7 Years For COVID Testing Fraud

    A Texas man was sentenced to seven years in prison and ordered to pay more than $7 million in restitution for colluding with three co-conspirators to conduct a COVID-19 testing scheme, the U.S. Department of Justice announced Thursday.

  • April 05, 2024

    Ex-Biopharma Officer Seeks Defense Fees Over Fraud Suit

    Biopharmaceutical company EpicentRx has been slapped with a lawsuit in Delaware's Court of Chancery by its former corporate secretary and outside counsel seeking advancements of legal fees he has incurred in response to ongoing litigation accusing the company and its officers of fraud.

  • April 05, 2024

    Mich. Plaintiffs Bar Prepares For Growth After Policy Shifts

    After decades of the deck stacked against them, Michigan's plaintiffs attorneys are poised to take advantage of a more hospitable environment for personal injury cases and pharmaceutical class actions, though experts caution the learning curve will be steep.

  • April 05, 2024

    Publix Wants Ga. High Court Input On Opioid Public Nuisance

    Grocery chain Publix has asked the Ohio federal court overseeing the opioid multidistrict litigation to send questions to Georgia's high court about whether that state's law allows public nuisance claims over a healthcare provider's dispensing of prescription narcotics.

  • April 05, 2024

    Jury Finds Pharma Exec 'Shadow Traded' With Inside Info

    A California federal jury found Friday that a former Medivation executive is liable for using inside information from his company when he purchased stock in rival pharmaceutical maker Incyte, in a novel civil "shadow trading" case brought by the U.S. Securities and Exchange Commission.

  • April 05, 2024

    New Chancery Challenge Launched To Board-Investor Pacts

    A biopharmaceutical company stockholder has teed up a new Delaware Chancery Court suit challenging board-investor voting agreements, with the complaint acknowledging wide debate over the pacts and a fast-moving push to amend state corporation law to authorize them.

  • April 05, 2024

    Mo. High Court Affirms Co.'s Medical Pot License Denial

    The Missouri Supreme Court affirmed the denial of a company's application for a medical marijuana cultivation facility license, finding that its submission missed the mark by not including a certificate of good standing from the secretary of state.

  • April 05, 2024

    Gunderson, Sidley Steer Biotech's Scaled-Down $110M IPO

    San Diego, California-based biotech Contineum Therapeutics began trading its shares publicly on Friday after raising $110 million in its scaled-down initial public offering.

  • April 05, 2024

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

    This past week in London has seen the BBC sued by former Georgian defense minister David Kezerashvili, Russian businessman Ildar Sharipov file a defamation claim against the publisher of the Liverpool Echo newspaper, MEX Group Worldwide sue Barclays and NatWest, and a climbing gear company hit retailer Next with a claim of copyright infringement. Here, Law360 looks at these and other new claims in the U.K.

  • April 05, 2024

    Freshfields Reps J&J On $13.1B Deal For Shockwave Medical

    Freshfields Bruckhaus Deringer-led Johnson & Johnson has agreed to buy Fenwick & West-advised Shockwave Medical Inc., a provider of a cardiovascular blood flow treatment, at an enterprise value of $13.1 billion, the companies said Friday. 

  • April 04, 2024

    SEC Points Jury To 'Coincidence' In Shadow Trading Trial

    A U.S. Securities and Exchange Commission attorney on Thursday cross-examined a former executive of pharmaceutical company Medivation about his alleged "shadow trading" in the stock of rival pharma company Incyte, pressing the executive repeatedly to assert that various facts and circumstances supporting the agency's position were merely "coincidence."

  • April 04, 2024

    Tribes And McKinsey Take Final Step In $39.5M Opioid Deal

    A California judge signed off Thursday on the completion of a $39.5 million nationwide settlement deal that resolves all opioids litigation brought by federally recognized tribes against McKinsey & Co.

  • April 04, 2024

    NY AG Asked To Weigh In On Multiple Sclerosis Drug Fight

    The Federal Circuit is asking New York Attorney General Letitia James to weigh in on a patent dispute over a multiple sclerosis drug after it emerged that Acorda Therapeutics' challenge to an underlying arbitral award raises questions about the constitutionality of New York's voluntary payment doctrine.

  • April 04, 2024

    Latham Led Firms In 1st Quarter IPOs As Outlook Brightens

    Latham & Watkins LLP guided the most initial public offerings among law firms in the year's first quarter, benefiting from an improved fundraising climate that is spreading optimism for IPO lawyers at many firms as the second quarter unfolds.

  • April 04, 2024

    Microsoft Unit Gets Fed. Circ. Alice Win On Imaging Patents

    The Federal Circuit on Thursday gave a win to a software company acquired by Microsoft for nearly $20 billion, affirming a decision that claims in four medical imaging patents it was accused of infringing are invalid for claiming only an abstract idea.

  • April 04, 2024

    Novo Holdings, Catalent Reset Review Clock On $16.5B Deal

    Novo Nordisk Foundation has given the Federal Trade Commission more time for an initial review of Novo Holdings' plan to acquire Catalent in a deal that values the pharmaceutical services company at $16.5 billion.

  • April 04, 2024

    Structure Defense Remains In FTC Hospital Case, But Not Hearing

    When the Federal Trade Commission goes to trial April 29 against an allegedly anti-competitive hospital merger, the agency won't have to contend with defense assertions that its structure is unconstitutional right away, but a North Carolina federal judge refused Thursday to scrub them entirely.

  • April 04, 2024

    Nurses Want To Merge DaVita Wage Suits Over Unpaid Breaks

    Workers suing kidney care giant DaVita Inc. have asked a Colorado federal judge to consolidate two similar collective actions alleging they were denied wages for work performed during meal and rest breaks, saying overlap between the cases is "inevitable."

Expert Analysis

  • Decline In Same-Industry M&A Tells A Nuanced Policy Story

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    In light of newly available Hart-Scott-Rodino Act data suggesting that intraindustry mergers are down overall and pharmaceutical and hospital intraindustry transactions tend to face greater antitrust scrutiny than in the past, attorneys at Morgan Lewis explore whether Biden administration enforcement policies may be curbing pro-competitive strategic M&A.

  • What's At Play In Rising Lanham Act Cases At The ITC

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    Amid an uptick in Lanham Act claims involving false advertising related to medical devices at the U.S. International Trade Commission, Brian Busey and Maryrose McLaughlin at MoFo discuss recent ITC complaints from Eli Lilly and R.J. Reynolds, Lanham Act claim limits under the Federal Food, Drug, and Cosmetic Act, and the issues practitioners face in this realm.

  • BIPA's Statutory Exemptions Post-Healthcare Ruling

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    The Illinois Supreme Court's November opinion in Mosby v. Ingalls Memorial Hospital, which held that the Biometric Information Privacy Act's healthcare exemption also applies when information is collected from healthcare workers, is a major win for healthcare defendants that resolves an important question of statutory interpretation, say attorneys at Quinn Emanuel.

  • Key Factors In Establishing Compelling Merits At The PTAB

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    A look at over 450 Patent Trial and Appeal Board decisions between June 2022 and now provides insights into strategies for petitioners and patent owners in establishing compelling merits arguments in post-grant proceedings, say David Holman and Tyler Liu at Sterne Kessler.

  • Business Litigators Have A Source Of Untapped Fulfillment

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    As increasing numbers of attorneys struggle with stress and mental health issues, business litigators can find protection against burnout by remembering their important role in society — because fulfillment in one’s work isn’t just reserved for public interest lawyers, say Bennett Rawicki and Peter Bigelow at Hilgers Graben.

  • What FTC's 'Killer Acquisition' Theory Means For Pharma Cos.

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    The Federal Trade Commission's recent lawsuit to block Sanofi's acquisition of a pharmaceutical treatment developed by Maze Therapeutics builds on previous enforcement actions and could indicate the agency's growing willingness to use its so-called killer acquisition theory against perceived attempts to eliminate nascent competition, say attorneys at Morgan Lewis.

  • Series

    Skiing Makes Me A Better Lawyer

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    A lifetime of skiing has helped me develop important professional skills, and taught me that embracing challenges with a spirit of adventure can allow lawyers to push boundaries, expand their capabilities and ultimately excel in their careers, says Andrea Przybysz at Tucker Ellis.

  • The Road Ahead For Florida's Drug Importation Program

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    Though the U.S. Food and Drug Administration approved Florida's drug importation program in January, a series of hurdles — including requisite buy-in from Canada — and potential legal challenges must be addressed before importation can begin, say attorneys at Ropes & Gray.

  • Assessing CDC's Revised Guideline On Opioid Prescriptions

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    Kenneth Weinstein, Nicholas Van Niel and Kate Uthe at Analysis Group look at newly available data to evaluate the impact that the Centers for Disease Control and Prevention's revised opioid monitoring guideline have had on prescription trends in recent years, highlighting both specific and overall decreases.

  • Think Like A Lawyer: Forget Everything You Know About IRAC

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    The mode of legal reasoning most students learn in law school, often called “Issue, Rule, Application, Conclusion,” or IRAC, erroneously frames analysis as a separate, discrete step, resulting in disorganized briefs and untold obfuscation — but the fix is pretty simple, says Luke Andrews at Poole Huffman.

  • Valeant Ruling May Pave Way For Patent-Based FCA Suits

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    The Ninth Circuit’s recent ruling in Silbersher v. Valeant marks a significant development in False Claims Act jurisprudence, opens new avenues for litigation and potentially raises the stakes for patent applicants who intend to do business with the government, say Joshua Robbins and Rick Taché at Buchalter.

  • Opinion

    Suits Against Insulin Pricing Are Driven By Rebate Addiction

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    A growing wave of lawsuits filed by states, cities and counties against insulin manufacturers and pharmacy benefit managers improperly allocate the blame for rising insulin costs, when in actuality the plaintiffs are partially responsible, says Dan Leonard at Granite Capitol Consulting.

  • Lessons For D&O Policyholders From Pharma Co. Ruling

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    A California federal court's recent decision in AmTrust v. 180 Life Sciences, requiring insurers to advance defense costs for a potentially covered claim, provides a valuable road map for directors and officers insurance policyholders, rebutting the common presumption that a D&O insurer's duty to advance costs is more limited than under other policies, say attorneys at Pasich.

  • How Firms Can Ensure Associate Gender Parity Lasts

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    Among associates, women now outnumber men for the first time, but progress toward gender equality at the top of the legal profession remains glacially slow, and firms must implement time-tested solutions to ensure associates’ gender parity lasts throughout their careers, say Kelly Culhane and Nicole Joseph at Culhane Meadows.

  • 7 Common Myths About Lateral Partner Moves

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    As lateral recruiting remains a key factor for law firm growth, partners considering a lateral move should be aware of a few commonly held myths — some of which contain a kernel of truth, and some of which are flat out wrong, says Dave Maurer at Major Lindsey.

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