Pharmaceuticals

Delaware Business Court Insider |News

Del. Supreme Court Affirms Fresenius' Ability to Scrap $4.3B Deal Based on 'Adverse Change'

Tom McParland | December 07, 2018

The Chancery Court's Oct. 1 decision was the first in the state to allow a potential buyer to escape its merger obligations based on a finding that one had occurred.
New York Law Journal |News

Paul, Weiss Attorneys Win Right for Fresenius to Scrap $4.3B Deal to Buy Akron

Tom McParland | December 07, 2018

Paul Weiss partner Lewis R. Clayton defended the ruling before all five justices of the state's high court, saying that Akorn had "collapsed" under the weight of its regulatory compliance problems after agreeing to the $34-per-share buyout in early 2017.
The Legal Intelligencer |

Teva Hit With $6.1M Verdict Over Employee Discrimination Claims

Max Mitchell | December 06, 2018

A federal jury in Pennsylvania has hit Israel-based drugmaker Teva Pharmaceuticals with a more than $6.1 million verdict over claims that a manager discriminated against an American employee.
Litigation Daily |Commentary

Daily Dicta: Delaware Showdown Pits Litigators from Cravath Against Paul Weiss in the M&A Fight Everyone Is Watching

Jenna Greene | December 06, 2018

The five Delaware Supreme Court justices did little to tip their hand, but the chief justice pressed Cravath's Daniel Slifkin hardest on his client Akorn's regulatory problems with the Food and Drug Administration.
Delaware Business Court Insider |News

Health Care Firm Says 'Adverse Change' Allows It to Walk Away From $4.3B Acquisition

Tom McParland | December 05, 2018

An attorney for Fresenius SE & Co. on Wednesday defended a landmark Chancery Court ruling that allowed the German health care firm to walk away from its $4.3 billion deal to buy generic drugmaker Akorn Inc. based on a material adverse change in Akorn's business, saying the decision was well-rooted in evidence presented during an expedited trial.
New Jersey Law Journal |Analysis

'Bristol Myers' and Product Liability Class Actions, One Year Later

Michael H. Reed | December 05, 2018

Does the U.S. Supreme Court's decision in 'Bristol Myers Squibb' apply to class actions?
National Law Journal |News

Supreme Court Grapples With Patent Law's On-Sale Bar

Scott Graham | December 04, 2018

Hearing his first patent case, Brett Kavanaugh says legislators tried and failed to exclude private sales from a list of disqualifying prior art. Other justices sounded less sure.
Corporate Counsel |News

Righting the Ship: GC Christina Ackermann's Efforts to Rebuild at Bausch Health

Sue Reisinger | December 03, 2018

When Christina Ackermann came onboard in August 2016, Bausch Health Companies Inc., formerly known as Valeant Pharmaceuticals, was in distress. But she said she knew what she was signing up for: Rebuilding Bausch's governance structure and reshaping her legal department, while helping the business side dig out of a dark financial hole.
The Legal Intelligencer |Commentary

Price Hikes and Spikes and the Antitrust Laws

Carl W. Hittinger and Jeanne-Michele Mariani | November 30, 2018

Nearly four years ago, “Pharma bro” Martin Shkreli made headlines after his pharmaceutical company raised the price of the brand name drug Daraprim…
Delaware Business Court Insider |News

Morrison & Foerster, Ashby Recover $31M in Universities' Royalty Spat

Scott Graham | November 28, 2018

The University of Wisconsin allocated Washington University 1 percent of a royalty stream on a kidney treatment the two schools patented. Apparently the figure should have been closer to 30 percent.
The Recorder |News

Morrison & Foerster, Ashby Recover $31M in Universities' Royalty Spat

Scott Graham | November 28, 2018

The University of Wisconsin allocated Washington University 1 percent of a royalty stream on a kidney treatment the two schools patented. Apparently the figure should have been closer to 30 percent.
Corporate Counsel |News

EyePoint Pharma Brings on Medical Device Vet as New GC

Kristen Rasmussen | November 28, 2018

Ron Honig will oversee all of the legal activities at the Watertown, Massachusetts-based company, which specializes in the development of products to treat serious eye diseases.
The Legal Intelligencer |News

Jury Hits Teva With $6.1M Verdict Over Employee Discrimination Claims

Max Mitchell | November 26, 2018

A jury from the U.S. District Court for the Eastern District of Pennsylvania on Monday awarded $1.16 million in compensatory damages and $5 million in punitive damages to a plaintiff who said his Israeli manager discriminated against him on the basis of age and American nationality.
New Jersey Law Journal |News

Class Certification Denied in Suit Over Adulterated Ranbaxy Drugs

Charles Toutant | November 14, 2018

Certification was denied because figuring out which consumers were sold the contaminated pills would require conducting a minitrial for each plaintiff.
Law.com |

Critical Mass: Judge Greenlights $300 M in Fees in Currency-Exchange Price-Fixing Case. Plus, Complaint Alleges Online Retailer Spied on Shoppers.

Amanda Bronstad | November 14, 2018

Litigation over banks' pricing of currency trades involved several hundred attorneys working over the course of five years, resulting in what the plaintiffs claim is the third largest antitrust class action settlement in history.
New Jersey Law Journal |News

Janssen Sued by NJ Over Opioid Sales, Marketing Practices

Michael Booth | November 13, 2018

The state of New Jersey has filed a lawsuit against Janssen Pharmaceuticals claiming the company used deceptive practices in the sale of two powerful opioids, Nucynta and Nucynta ER. The company is denying those claims.
Delaware Business Court Insider |News

Federal Judge Approves $9M Settlement in Allergan 'Product-Hopping' Suit

Tom McParland | November 13, 2018

A federal judge in Delaware gave final approval Tuesday to a $9 million class-action settlement in Hartig Drug Co.'s antitrust suit against Allergan, after an appeals court in 2016 revived claims that Allergan had tried to suppress generic versions of its eye-care products.
Corporate Counsel |News

After Years of a 'Wild Ride,' Teva CLO Makes Cuts for Sake of Stability

Sue Reisinger | November 12, 2018

David Stark, executive vice president and chief legal officer of financially strapped Teva Pharmaceutical Industries, based in Teva's U.S. headquarters in Parsippany, New Jersey, had to cut his legal staff by 40 percent since 2017 as part of cost-cutting at the Israel-based company. "It was super difficult and hard on morale.” He also plans reductions in outside legal spending.
New Jersey Law Journal |Analysis

Accutane Decisions Are Settling Important Questions

Adam M. Slater | November 09, 2018

Taken together, the decisions represent an established philosophy that will shape the outcomes of significant litigation in New Jersey for years to come.
Corporate Counsel |News

An IP Lawyer Takes on Big Pharma, US Patent System

Sue Reisinger | November 07, 2018

Tahir Amin, an IP lawyer who is co-founder and co-executive director of Initiatives for Medicines, Access & Knowledge files patent lawsuits against the world's big pharmaceutical companies in an effort to bring down rising drug prices.
The Legal Intelligencer |News

In Pharma Dispute, Goodwin DQ Bid Fails on Appeal

Lizzy McLellan | November 05, 2018

Impax Laboratories argued that Goodwin Procter shouldn't represent Teva Pharmaceuticals, because the firm had previously represented both Teva and Impax in an underlying case.
Law.com |News

Drug Companies Lodge Objections to Key Report in Opioid Bellwether Case

Amanda Bronstad | November 05, 2018

“A boundless expansion of tort doctrine.” “Puts the cart before the horse.” “Kicks the can down the road.” That's how opioid companies have described an Oct. 5 report and recommendation that refused to dismiss a bellwether case against them.
Litigation Daily |News

Drug Companies Object to Key Report in Opioid Bellwether Case

Amanda Bronstad | November 05, 2018

“A boundless expansion of tort doctrine.” “Puts the cart before the horse.” “Kicks the can down the road.” That's how opioid companies have described an Oct. 5 report and recommendation that refused to dismiss a bellwether case against them.
Corporate Counsel |News

BioDelivery Sciences Appoints Industry Vet as New GC

Kristen Rasmussen | November 05, 2018

The pain management and addiction pharmaceutical company announced that James Vollins is taking over as general counsel, chief compliance officer and corporate secretary at the Raleigh, North Carolina-based company.
Litigation Daily |News

Shout-Out: Skadden Beats Securities Class against Drug Maker Cempra

Jenna Greene | November 01, 2018

The company and its top executives were sued for making allegedly false and misleading statements about the safety of the company's lead drug which treats pneumonia
The Recorder |News

Genentech Takes Aim at Rival as Feds Charge Former Employees With Trade Secret Theft

Ross Todd | October 30, 2018

Three former Genentech employees have been indicted for funneling trade secrets to biosimilar rival JHL Biotech. In a civil suit, Genentech is suing the employees, JHL, and its founders, who are both former Genentech employees themselves.
The Legal Intelligencer |News

Drugmakers Can't Shake FTC in Pay-to-Delay Drug Case

P.J. D'Annunzio | October 30, 2018

Two pharmaceutical companies seeking to swap a Federal Trade Commission case over paying to delay the release of generic drugs with an administrative remedy were disappointed by a federal judge Tuesday.
New Jersey Law Journal |News

Johnson & Johnson Settles Invokana Cases

Amanda Bronstad | October 25, 2018

Michael London, co-lead plaintiffs' counsel in the multidistrict litigation in New Jersey, asked the court to set up a qualified settlement fund of a “confidential settlement amount” to resolve his inventory of cases.
Daily Business Review |News

Duane Morris Taps Boca Raton Partner to Lead Pharma Litigation Group

Lizzy McLellan | October 25, 2018

"Our clients are national and international, so the group covers the whole country, and that's part of why I'm heading it," Patrick Gallagher said.
Litigation Daily |News

Uh-Oh: Judge Tosses All 7 Plaintiffs Experts in Contraceptive Liability Suit

Colby Hamilton | October 24, 2018

U.S. District Judge Paul Engelmayer said all of the plaintiffs expert witnesses failed to pass the Daubert test, dealing a potentially fatal blow to the massive products liability suit.
Law.com |

Critical Mass: Judge Rounds Down the RoundUp Verdict. Plus: First Circuit Excludes Uninjured Claimants From Class

Amanda Bronstad | October 24, 2018

A San Francisco judge slashed a $289 million Roundup verdict, but her decision left plaintiffs' lawyers cheering as it accepted punitive damages as justified.
The Legal Intelligencer |Commentary

The 'New NAFTA' and How It Will Affect Intellectual Property Law

Lawrence E. Ashery | October 23, 2018

First it was Mexico that agreed to a new trade accord with the United States. Less than one week later, Canada joined the agreement as well. With that, the stage is set for the 24-year-old North American Free Trade Agreement (NAFTA) to end and the U.S. Mexico Canada Agreement (USMCA) to take its place.
Litigation Daily |News

Defense Bar Lauds 1st Circuit Order on Uninjured Class Members

Amanda Bronstad | October 23, 2018

A significant opinion by the U.S. Court of Appeals for the First Circuit is expected to bolster the defense argument that judges shouldn't grant certification of class actions with uninjured class members. Judge William Kayatta wrote on Oct. 15 that a judge should not have granted certification of an antitrust class in which 10 percent of the class members had no injuries.
National Law Journal |Analysis

Defense Bar Gives 1st Circuit an 'A+' for Its Order on Uninjured Class Members

Amanda Bronstad | October 23, 2018

A significant opinion by the U.S. Court of Appeals for the First Circuit is expected to bolster the defense argument that judges shouldn't grant certification of class actions with uninjured class members. Judge William Kayatta wrote on Oct. 15 that a judge should not have granted certification of an antitrust class in which 10 percent of the class members had no injuries.
Delaware Business Court Insider |News

Stark Tosses Infringement Suit Over Venue, Rejecting 'Alter Ego' Theory

Tom McParland | October 19, 2018

A Delaware federal judge has dismissed an infringement lawsuit from Bristol-Myers Squibb and Pfizer seeking to block a generic version of their patented blood thinner drug Eliquis, finding that venue in the First State was improper after the U.S. Supreme Court's landmark decision in TC Heartland.
Connecticut Law Tribune |News

$1.25M Verdict Returned Against Boehringer Ingelheim Over Pradaxa Blood Thinner

Robert Storace | October 19, 2018

A federal jury in West Virginia found Boehringer Ingelheim Pharmaceuticals Inc. liable for the death of an 84-year-old woman who took the blood thinner drug Pradaxa. The company plans to appeal.
Corporate Counsel |News

Canada's Cannabis GCs Discuss Life After Legalization

Caroline Spiezio | October 17, 2018

Marketing language and the scope of products permitted remain a challenge for cannabis industry GCs in Canada, even after the country's legalization of adult recreational use.
New Jersey Law Journal |Analysis

The Gold Rush of NJ Cannabis Leasing – Avoiding a Few Traps for the Unwary

Brad A. Molotsky | October 17, 2018

Negotiating and drafting leases for businesses that grow or dispense medical marijuana is not "business as usual."
Delaware Business Court Insider |News

Federal Circuit Upholds Del. Decision Erasing Teva Patents for MS Drug

Tom McParland | October 12, 2018

A federal appeals court upheld a Delaware judge's decision that invalidated four patents for Teva Pharmaceutical's Copaxone, clearing the way for competitors to bring generic versions of the company's multiple sclerosis drug to market.
New Jersey Law Journal |News

3rd Circuit Affirms $1.78 Million Sanction Against Doctor Who Sued Pharma Company

Michael Booth | October 12, 2018

The U.S. Court of Appeals for the Third Circuit affirmed an order lodged against the doctor, Afoluso Adesanya, and her husband, Adenakan Adesanya, by U.S. District Judge Susan Wigenton in their suit against Novartis Pharmaceuticals Corp.
Law.com |News

448 Tribes File 'Historic' Amicus Brief in Opioid Lawsuits

Amanda Bronstad | October 11, 2018

About 44 percent of pregnant women on the Blackfeet Tribe reservation in Montana tested positive for opioid use.
Corporate Counsel |News

Amid Mounting Litigation, Insys Brings on Ex-Mylan GC as New Top Lawyer

Kristen Rasmussen | October 11, 2018

Mark Nance is now the chief legal officer and GC at the Phoenix-based company, which is the target of several lawsuits over the the potent opioid medication Subsys.
The Legal Intelligencer |News

Superior Court Jurisdictional Rulings Clear Way for Phila.'s First Trial Linking Talc to Ovarian Cancer

Zack Needles | October 08, 2018

Thanks to two recent Pennsylvania Superior Court rulings upholding the "consent by registration" theory of jurisdiction, the first ovarian-cancer-related talc case in the Philadelphia Court of Common Pleas has been allowed to proceed.
Litigation Daily |News

Government Claims Against Opioid Makers in Key Case Go Forward

Amanda Bronstad | October 05, 2018

A federal magistrate judge issued his recommendation in a key lawsuit brought against opioid manufacturers and distributors, as well as pharmacies.
Law.com |News

Judge Recommends Government Claims Against Opioid Makers Go Forward

Amanda Bronstad | October 05, 2018

A federal magistrate judge issued his recommendation in a key lawsuit brought against opioid manufacturers and distributors, as well as pharmacies.
Daily Business Review |News

Tallahassee Judge Blocks Medical Marijuana License Process

Dara Kam | October 04, 2018

Leon County Circuit Judge Charles Dodson's verbal order during a hearing came nearly two months after he found that a state law, passed during a special legislative session last year, runs afoul of a constitutional amendment broadly legalizing medical marijuana.
New Jersey Law Journal |

Justices Deal Another Win for Roche in Accutane Mass Tort Litigation

Michael Booth | October 03, 2018

In a unanimous ruling, the court said an appeals court erred when it overturned a trial judge's decision to dismiss the lawsuits.
New Jersey Law Journal |News

Judge Tosses State's Public Nuisance Claims in Oxycontin Suit

Charles Toutant | October 03, 2018

The ruling leaves intact the state's claims that Purdue Pharma violated New Jersey's Consumer Fraud Act and the False Claims Act.
Litigation Daily |Commentary

Daily Dicta: Paul Weiss Wins Rare Delaware Decision Allowing Client to Kill $4.8B Merger

Jenna Greene | October 03, 2018

Delaware courts don't normally look kindly on companies that try to pull out of billion-dollar merger agreements. But this case was "markedly different."
Delaware Business Court Insider |News

Laster Allows Fresenius to Cancel $4.3B Akorn Acquisition, Citing 'Material Adverse Change'

Tom McParland | October 02, 2018

The Delaware Court of Chancery on Monday allowed Fresenius SE to walk away from its planned $4.3 billion deal to acquire generic drugmaker Akorn Inc., ruling that a series of regulatory compliance issues at Akorn had allowed Fresenius to terminate the merger.
The American Lawyer |News

NY Cancer Center Turns to Akin Gump for Groundbreaking Cuba Deal

Dan Packel | September 28, 2018

The joint venture went from an Obama-era glimmer to a done deal despite tumultuous politics in both countries.
Corporate Counsel |News

Bayer Names Monsanto's Scott Partridge as General Counsel for US Operations

Sue Reisinger | September 27, 2018

"There is much to do, with many opportunities ahead, and I look forward to rolling up my sleeves and working with the executive team to build the business,” Partridge said in a statement.
Litigation Daily |News

Pennsylvania Justices Wrangle With Whether Drug Use While Pregnant Is Child Abuse

Max Mitchell | September 25, 2018

The policy implications of whether taking a drug during pregnancy constitutes child abuse are vast and could implicate everything from the definition…
Daily Business Review |News

Doctors' Use of Drug Database Increases Amid Opioid Fight

Christine Sexton | September 24, 2018

State officials said that more than 92,000 health care providers had registered to use an electronic database that tracks patients who are prescribed controlled substances.
Litigation Daily |Q&A

Litigators of the Week: Kirkland Duo Win Big in a Case That 'Sends Chills Down Lawyers' Spines'

Jenna Greene | September 21, 2018

The fight between Teva and United Healthcare—which turned in large part on a he-said-she-said dispute with a client about authority to sign a settlement agreement—should scare every lawyer.
New Jersey Law Journal |News

Judge Rejects Bid to Dismiss Effexor 'Pay for Delay' Price-Fixing Suit

Charles Toutant | September 19, 2018

The ruling came in a suit filed on behalf of a putative class made up of labor unions, insurance companies and other indirect purchasers who say they are charged more for Effexor XR due to various anti-competitive tactics by Wyeth, which is a subsidiary of Pfizer, and Teva.
The Legal Intelligencer |News

Judge Enforces Disputed $125M Settlement Over Provigil

Max Mitchell | September 19, 2018

U.S. District Judge Mitchell Goldberg of the Eastern District of Pennsylvania ruled Wednesday that a 2015 memorandum of understanding between United HealthCare Services and three drug companies was binding.
New York Law Journal |Analysis

The High Bar for Challenging an Improperly Revived Patent

Scott D. Locke | September 19, 2018

The recent decision 'In re Rembrandt Technologies LP Patent Litigation' is a reminder of both the potential consequence of a patent holder's disingenuous assertion of unintentionality and the challenges that defendants face when raising the improper filing of a petition to revive a lapsed patent as a defense.
The Legal Intelligencer |News

Armstrong Teasdale Plants Phila. Flag With 7 From Montgomery McCracken

Lizzy McLellan | September 17, 2018

Montgomery McCracken's former chairman is among the group launching St. Louis-based Armstrong Teasdale's first East Coast office.
National Law Journal |News

Merck Asks SCOTUS to Reject 'Unduly High Hurdles' in Federal Pre-emption Cases

Amanda Bronstad | September 13, 2018

On Thursday, Merck urged the Supreme Court to clarify its "clear evidence" holding in Wyeth v. Levine and reverse a 2017 decision that reinstated more than 500 cases over its osteoporosis drug Fosamax.
Litigation Daily |News

Mylan, Valeant Go to War Over Katten Disqualification

Scott Graham | September 13, 2018

Valeant's attempt to disqualify a team of Katten Muchin Rosenman patent litigators led to a showdown Wednesday at the Federal Circuit.
National Law Journal |News

Valeant, Mylan Go to War Over Katten Disqualification

Scott Graham | September 13, 2018

Valeant's attempt to disqualify a team of Katten Muchin Rosenman patent litigators led to a showdown Wednesday at the Federal Circuit.
Daily Report Online |News

Clearside Biomedical Brings on Industry Vet as New Legal Boss

Kristen Rasmussen | September 12, 2018

Alpharetta-based Clearside Biomedical, which specializes in the development of treatments to restore and preserve vision for people with serious eye diseases, has named Leslie Zacks as general counsel and chief compliance officer.

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