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Life Sciences
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July 23, 2025
FTC Wants PE Firm's Medical Device Coating Deal Put On Ice
Private equity firm GTCR BC Holdings' $627 million merger with Surmodics will bring the previously fierce competition for medical device coatings to a grinding halt, the FTC says, which is all the more reason a federal court should block the deal while an agency challenge plays out.
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July 23, 2025
Meta Grabs Menstrual App Users' Data For Ads, Jury Told
Meta collected sensitive medical information using the Flo Health menstrual cycle app and used that information to sell targeted ads, a computer security expert told a California jury Wednesday in a multibillion-dollar privacy class action brought on behalf of 13 million women.
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July 23, 2025
Astellas, Generics Scolded For 'Abusive' Discovery In IP Case
A Delaware federal magistrate judge on Wednesday rebuked Astellas Pharma and makers of generic drugs for what she deemed exploitation of the discovery dispute process in the brand-name company's patent infringement case, calling their dozens of fights "not just excessive" but also "abusive of the discovery dispute process."
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July 23, 2025
Medical Device Co. Faces Investor Suit Over Sales Decline
Eye surgery equipment manufacturer RxSight Inc. has been hit with a proposed shareholder class action accusing it of concealing "adoption challenges" and declining sales of its products, which led to a nearly 38% hit to shares when it finally disclosed the shortcomings.
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July 23, 2025
Dad Pulls Suit Alleging Rehab Staffer, Teen Had 'Relationship'
The parties in a lawsuit over an alleged sexual relationship between a Utah rehab staffer and a teenage patient have stipulated to dismissing the case from Connecticut federal court, about six months after reporting that they would try to mediate the dispute.
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July 23, 2025
Judge Clears Mylan On 1 Novo Nordisk Patent In Wegovy Suit
A Delaware federal judge has found that proposed labeling for a generic version of the weight loss drug Wegovy doesn't recommend doctors prescribe it in a way covered by a Novo Nordisk patent on the brand-name treatment.
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July 23, 2025
Bird Marella And Bioscience Client Accused Of $87M Fraud
An investment group that includes a "Toy Story" screenwriter is suing a Culver City, California-headquartered bioscience company and its Bird Marella attorneys in California state court, accusing them of manipulating the valuation of a company whose acquisition they funded, in order to defraud investors of $87 million.
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July 23, 2025
Thompson Hine Adds Venable Product Liability Atty In LA
Thompson Hine LLP is expanding its litigation team, announcing Wednesday it has brought in a Venable LLP product liability expert as a partner in its year-old Los Angeles office.
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July 22, 2025
FCA Draws Heavy Constitutional Fire After $1.6B J&J Verdict
Reeling from a record fraud verdict tied to drug promotion practices, Johnson & Johnson is pursuing a sweeping constitutional challenge to the False Claims Act, and in filings this week at the Third Circuit, major industry allies rallied behind its views of whistleblower litigants usurping executive branch power.
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July 22, 2025
Becton Dickinson Investors Seek Final OK Of $9M Deal
Investors in medical tech manufacturer Becton Dickinson are seeking final approval of their $9 million deal that will end derivative claims the company was damaged by its attempts to hide regulatory problems regarding sales of its Alaris pump, which would add to the list of settlements the company has entered over the alleged misrepresentations.
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July 22, 2025
Meta And Menstrual App Maker Violated Privacy, Users Testify
Five named plaintiffs testified Tuesday in a 13 million-member class action alleging Meta and Flo Health illegally collected their private health information and used it for ad targeting, telling a California federal jury considering the multibillion-dollar suit that they never gave permission for data from the menstrual-tracking app to be shared.
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July 22, 2025
IP Atty's FCA Suit Against Valeant Over Apriso Tossed Again
A California federal judge on Tuesday again threw out an attorney's whistleblower False Claims Act suit alleging Valeant Pharmaceuticals fraudulently obtained a patent to block generic Apriso, but gave him several weeks to amend his case.
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July 22, 2025
NY Judge Backs Calif. Bioscience Co. In $15M Arbitration Row
A New York federal judge has ruled that a California-based bioscience company can enforce an arbitration award rejecting a more than $15 million claim asserted by a Hong Kong biopharmaceutical firm, saying there is no genuine dispute since the biopharmaceutical firm failed to respond.
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July 22, 2025
Sandoz Loses 'Nonsense' Bid To Avoid DOJ Deal In AGs' Case
A Connecticut federal judge has given dozens of state attorneys general a small but important win in a sprawling price-fixing litigation against generic-drug makers, applying previous admissions of criminal wrongdoing and flatly rejecting "ridiculous" efforts by Sandoz, Taro Pharmaceuticals and a former Sandoz official to avoid that application.
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July 22, 2025
Fed. Circ. Won't Stop Entresto Generic During Novartis Appeal
The Federal Circuit won't stop MSN Pharmaceuticals from releasing its generic version of Novartis' blockbuster cardiovascular drug Entresto while the latter appeals a noninfringement ruling, according to a Tuesday order.
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July 22, 2025
Fair Use Carveout Applies To Med Device Repairs, Judge Says
A D.C. federal judge has shot down two industry groups' challenge to a rule that placed medical device diagnostic procedures and repairs under fair use copyright exceptions, saying all of their challenges under the Administrative Procedure Act were unpersuasive.
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July 22, 2025
Employers, Plans Force Freeze Of Iowa's PBM Law
A federal judge slapped a temporary hold on parts of an Iowa law that aims to limit pharmacy benefit managers' power to set drug prices, ruling that provisions barring discrimination against certain pharmacies and pushing cost-saving strategies are preempted by federal benefits law.
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July 22, 2025
4th Circ. Backs Medicaid Fraud Conviction, 17-Year Sentence
A North Carolina lab owner lost his bid Tuesday to overturn his healthcare fraud conviction after the Fourth Circuit found evidence against him to be sufficient and the terms of his sentence reasonable.
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July 22, 2025
Chancery Tosses Derivative Suit For Pharma Lawsuit Costs
A Delaware vice chancellor tossed on Tuesday a Corcept Therapeutics Inc. stockholder suit seeking derivative recovery of millions the company paid out to regulators for "aggressive" off-label marketing and sales of its sole drug, used to treat complications of the rare disease Cushing's syndrome.
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July 22, 2025
Lawmakers Consider Case Of Would-Be Donor's 'Signs Of Life'
The nation's organ transplant system is again under the microscope of federal lawmakers after a federal investigation found that a Kentucky organ procurement organization moved forward with the transplant process despite the patient showing "signs of life."
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July 22, 2025
Ex-J&J Atty Slams Bid To Dismiss Her Bias, Retaliation Suit
A former Johnson & Johnson data privacy lawyer is urging a New Jersey federal court to keep alive her racial bias suit, arguing the pharmaceutical giant's dismissal bid is based on flawed legal arguments.
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July 22, 2025
Pillsbury Adds Technology IP Litigator From Goodwin
Pillsbury Winthrop Shaw Pittman LLP announced Monday that a former Goodwin Procter LLP technology intellectual property law partner has joined the firm's New York office.
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July 21, 2025
Meta Took Data Of 30M Women From Menstrual App, Jury Told
Meta illegally took private health information from over 30 million women who used Flo Health's menstrual cycle app, a lawyer for the plaintiffs told a California jury Monday during opening statements in their privacy class action against the social media giant and the app-maker.
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July 21, 2025
J&J Unit's Catheter Rival Nears Injunction After $442M Win
A California federal judge indicated Monday he will issue a permanent injunction banning Johnson & Johnson's Biosense Webster from conditioning the provision of cardiac mapping services on purchases of cardiac catheters following Innovative Health's $442 million win on its antitrust claims, although he expressed doubt about some aspects of Innovative's request.
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July 21, 2025
Aimmune Investors' $27.5M Deal In Nestle Suit Gets Final OK
Investors in biopharmaceutical company Aimmune Therapeutics Inc. have gotten final approval for their $27.5 million deal resolving claims the company was falsely undervalued before its merger with Nestlé Health Science SA.
Expert Analysis
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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.
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Deregulation Memo Presents Risks, Opportunities For Cos.
A recent Trump administration memo providing direction to agencies tasked with rescinding regulations under an earlier executive order — without undergoing the typical notice-and-review process — will likely create much uncertainty for businesses, though they may be able to engage with agencies to shape the regulatory agenda, say attorneys at Blank Rome.
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Series
Law School's Missed Lessons: Mastering Discovery
The discovery process and the rules that govern it are often absent from law school curricula, but developing a solid grasp of the particulars can give any new attorney a leg up in their practice, says Jordan Davies at Knowles Gallant.
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Maneuvering The Weeds Of Cannabis Vertical Integration
The conversation around vertical integration has taken on new urgency as the cannabis market expands, despite federal reform remaining a distant dream, so the best strategy for cannabis operators is to approach vertical integration on a state-by-state basis, say attorneys at Sweetspot Brands.
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Opinion
The IRS Shouldn't Go To War Over Harvard's Tax Exemption
If the Internal Revenue Service revokes Harvard's tax-exempt status for violating established public policy — a position unsupported by currently available information — the precedent set by surviving the inevitable court challenge could undercut the autonomy and distinctiveness of the charitable sector, says Johnny Rex Buckles at Houston Law Center.
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Series
Playing Guitar Makes Me A Better Lawyer
Being a lawyer not only requires logic and hard work, but also belief, emotion, situational awareness and lots of natural energy — playing guitar enhances all of these qualities, increasing my capacity to do my best work, says Kosta Stojilkovic at Wilkinson Stekloff.