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Life Sciences
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June 30, 2025
Fed. Circ. Faults PTAB Ax Of Patent On Bausch Eye Drops
The Federal Circuit ruled Monday that the Patent Trial and Appeal Board wrongly invalidated all the claims of a patent that Bausch & Lomb licenses for its Lumify eye drops, saying the board used an incorrect claim construction when siding with generics maker Slayback Pharma.
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June 30, 2025
Cooley Advises Capstan In Sale To AbbVie Worth Up To $2.1B
Pharma giant AbbVie Inc. announced Monday that it would pay up to $2.1 billion to acquire cell therapy developer Capstan Therapeutics Inc., which Cooley LLP is advising in the deal aimed at further advancing care for people with autoimmune diseases.
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June 30, 2025
Allergan Botox Patent Fight Headed To July Trial In Del.
Allergan's lawsuit accusing two biotechnology companies of infringing patents related to Botox products is headed to trial in July after a Delaware federal judge rejected the parties' summary judgment arguments Monday.
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June 30, 2025
Genentech Says Biogen Owes $122M Royalties As Trial Opens
Genentech Inc. told a California federal jury Monday that Biogen MA Inc. owes $122 million in royalties for supplies of Biogen's multiple sclerosis drug that it manufactured before Genentech's patent expired in December 2018, while Biogen said the companies' licensing agreement doesn't require royalties for drugs sold after the patent expired.
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June 30, 2025
Justices Won't Disturb 10th Circ. Oklahoma PBM Law Ruling
The U.S. Supreme Court on Monday declined to hear the state of Oklahoma's challenge to a Tenth Circuit decision that found parts of a recently enacted law regulating pharmacy benefit managers were preempted by federal benefits laws and Medicare Part D, cementing an industry group's win in the case.
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June 30, 2025
Biotech Co. Stockholders Reach $32M Merger Suit Deal In Del.
Former stockholders of Emisphere Technologies told the Delaware Chancery Court they have reached a $32 million settlement to resolve their suit challenging the $1.8 billion sale of the biotechnology company to Novo Nordisk A/S.
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June 30, 2025
Hong Kong's IPO Surge Creates More Competition For US
Hong Kong led global exchanges on new listings for operating companies in the first half of 2025, partly benefiting from a U.S.-China rift that is prompting more mainland China companies to seek secondary listings in Hong Kong, according to new data released on Monday.
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June 30, 2025
Judge OKs 23AndMe's $305M Genetic Data Asset Sale
A Missouri bankruptcy judge has given genetic testing company 23andMe Holding Co. approval to sell all its assets to a nonprofit led by co-founder Anne Wojcicki for $305 million, after two full days of testimony and argument about the proposed sale.
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June 30, 2025
High Court Turns Away Fired Christian Workers' Vax Bias Case
The U.S. Supreme Court on Monday declined to review a Third Circuit ruling that shuttered Christian workers' suits claiming a healthcare system illegally fired them for opposing its COVID-19 vaccine mandate, despite the workers' assertions that the opinion improperly constricted their religious rights.
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June 30, 2025
Trump Administration Says Harvard Violated Civil Rights Law
The Trump administration on Monday informed Harvard University that it had run afoul of federal civil rights law by failing to protect Jewish and Israeli students on campus from harassment, and threatened to cut all funding from the nation's oldest university.
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June 30, 2025
Justices Won't Eye Claim Fed. Circ. Revived Waived Argument
The U.S. Supreme Court on Monday turned down an appeal from a doctor who argued that the Federal Circuit wrongly upheld the rejection of his application for a patent on a COVID-19 treatment by reviving arguments that he claimed the patent office had waived.
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June 27, 2025
Biogen, Genentech May Stay Mum On Damages At Trial
A California federal judge Friday discouraged Biogen and Genentech from discussing the "magnitude of the money at issue" during their upcoming breach of contract trial over alleged patent royalties due from sales of Biogen's multiple sclerosis medicine, noting that most of the jurors are "not of significant means."
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June 27, 2025
Sarepta Faces Investor Suit Over Gene Therapy-Linked Deaths
Biopharmaceutical company Sarepta Therapeutics Inc. is facing a proposed investor class action after the deaths of two patients being treated with one of its therapies prompted regulatory scrutiny, with investors claiming the company failed to disclose the drug's risks.
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June 27, 2025
Feds Prevail Over J&J In Another 340B Rebate Dispute
A D.C. federal judge granted a summary judgment win Friday to the U.S. Health Resources and Services Administration over Johnson & Johnson, finding the agency acted within its discretion when it rejected the company's program to offer rebates instead of discounts in a decades-old drug pricing program.
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June 27, 2025
After Dobbs, States Become Battleground For Abortion Rights
Three years ago, when the U.S. Supreme Court overturned the precedent set by Roe v. Wade, it did more than end nearly five decades of federal constitutional protection for abortion; it also fractured the legal landscape of reproductive rights, shifting the authority to regulate the procedure to individual states, and leading to legal uncertainty for courts, physicians and patients.
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June 27, 2025
Full 5th Circ. To Hear Planned Parenthood Atty Immunity Row
The full Fifth Circuit will rehear a panel's decision concluding that Planned Parenthood is entitled to attorney immunity in a whistleblower suit accusing the organization of improperly billing Medicaid programs.
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June 27, 2025
Rite Aid Picks $19.2M Bid For Thrifty Ice Cream In Ch. 11
Drugstore chain Rite Aid said it has reached a deal to sell its Thrifty Ice Cream brand to an entity tied to the chief executive of Monster Beverage Corp. for $19.2 million during its Chapter 11 case.
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June 27, 2025
Virginia Medical Lab Denied Sales Tax Break For Reagents
An operator of medical diagnostic laboratories in Virginia was correctly denied a refund of sales and use taxes on its purchases of reagents used for analysis of blood and urine samples, the Virginia Tax Commissioner said.
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June 27, 2025
Taxation With Representation: Weil, Freshfields, Sidley Austin
In this week's Taxation With Representation, Spectris backs a takeover offer from Advent, C&S Wholesale Grocers acquires SpartanNash, NBA team owners approve the sale of the Minnesota Timberwolves and Lynx to a consortium led by former limited partners Marc Lore and Alex Rodriguez, and Illumina Inc. acquires SomaLogic from Standard BioTools.
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June 27, 2025
NC Biz Court Bulletin: Last-Minute Settlements Head Off Trials
Untouched by the summer slump, the North Carolina Business Court kicked off June with a sanctions order against a biogas company caught spurning court orders and a new complaint by a former NFL player accusing his longtime financial adviser of defrauding him for decades.
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June 26, 2025
Bayer Investors' $38M Settlement Over Monsanto Deal OK'd
A California federal judge on Thursday preliminarily approved Bayer AG's $38 million settlement with investors who accused the German multinational of downplaying litigation risks related to the weedkiller Roundup when it acquired Monsanto in 2018, saying the deal appeared to be "fair, reasonable and adequate."
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June 26, 2025
Kirkland Stops Repping Novartis After Regeneron Sought DQ
A New York federal judge accepted the withdrawal Thursday of the entire Kirkland & Ellis LLP team that recently joined Novartis Pharma's legal team battling antitrust allegations over the eye medication Eylea, just a week after plaintiff Regeneron Pharmaceuticals sought their disqualification over an "unthinkable" conflict of interest by the lawyers, whose firm previously represented Regeneron.
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June 26, 2025
Hims & Hers Face Investor Suits Over Wegovy Collab
Telehealth company Hims & Hers Health Inc. has been hit with investors' proposed class actions accusing it of exploiting its partnership with Novo Nordisk, the distributor of weight loss drug Wegovy, to sell "knockoff" drugs, causing Hims shares to fall 35% when Novo Nordisk announced earlier this week the collaboration had been terminated.
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June 26, 2025
Biotech Co. Must Face Investor Suit Over Misleading Claims
Biotech company CytoDyn and its former executives and directors cannot escape a suit accusing them of misleading shareholders about the likelihood that the U.S. Food and Drug Administration would approve its drug the company claimed had the potential to treat HIV and COVID-19.
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June 26, 2025
6th Circ. Backs Mich. Newborn Blood Testing Program
A Sixth Circuit panel reversed a win for a group of parents challenging a Michigan newborn health screening program, finding that the way blood samples are stored and used in the program does not violate the parents' right to make medical decisions for their children.
Expert Analysis
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10 Practical Takeaways From FDA's Biopharma AI Guidance
Recent guidance from the U.S. Food and Drug Administration provides much-needed insight on the usage of artificial intelligence in producing information to support regulatory decision-making regarding drug safety, with implications ranging from life cycle maintenance to AI tool acquisition, say attorneys at Covington.
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Opinion
We Must Allow Judges To Use Their Independent Judgment
As two recent cases show, the ability of judges to access their independent judgment crucially enables courts to exercise the discretion needed to reach the right outcome based on the unique facts within the law, says John Siffert at Lankler Siffert & Wohl.
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Series
Performing Stand-Up Comedy Makes Me A Better Lawyer
Whether I’m delivering a punchline on stage or a closing argument in court, balancing stand-up comedy performances and my legal career has demonstrated that the keys to success in both endeavors include reading the room, landing the right timing and making an impact, says attorney Rebecca Palmer.
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Unpacking The Illicit E-Cigarette Crackdown By State AGs
A bipartisan coalition of attorneys general for nine states and the District of Columbia announced a coordinated effort to curb illicit electronic cigarette sales, illustrating the rising prominence of state attorneys general using consumer protection laws to address issues of national scope, especially when federal efforts prove ineffective, say attorneys at Troutman.
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Lawmakers Shouldn't Overlook Rare Disease Therapies' Value
As the ORPHAN Cures Act is pending in Congress, policymakers assessing the value of certain drugs for price regulation should consider data beyond what is collected in clinical trials, say Alice Chen at the University of Southern California, and Molly Frean and Yao Lu at Analysis Group.
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Series
Adapting To Private Practice: From SEC To BigLaw
As I adjusted to the multifaceted workflow of a BigLaw firm after leaving the U.S. Securities and Exchange Commission, working side by side with new colleagues on complex matters proved the fastest way to build a deep rapport and demonstrate my value, says Jennifer Lee at Jenner & Block.
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China High Court Ruling Could Encourage Antitrust Litigation
Practitioners defending U.S. companies in China should take note of a Chinese Supreme Court ruling that plaintiffs can file suits based on either where the alleged action, or where the result of such action, occurred — which will promote civil litigation by minimizing procedural battles over forum selection, says Yang Yang at Leaqual Law Firm.
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Making The Case For Rest In The Legal Profession
For too long, a culture of overwork has plagued the legal profession, but research shows that attorneys need rest to perform optimally and sustainably, so legal organizations and individuals must implement strategies that allow for restoration, says Marissa Alert at MDA Wellness, Carol Ross-Burnett at CRB Global, and Denise Robinson at The Still Center.
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How Amended Rule 702 Affects Testimony In Patent Litigation
In 2023, Federal Rule of Evidence 702 was amended to address the apparent failure of some courts to prevent unreliable expert evidence from reaching a jury, but a statistical analysis of Daubert decisions in 2022 and 2024 shows that courts remain divided about how to apply consistent evidence standards, say attorneys at Perkins Coie.
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What Trump's Order Means For The Legal Status Of IVF
An executive order signed by President Donald Trump last month signals the administration's potential intention to increase protections for in vitro fertilization services, though more concrete actions would be needed to resolve the current uncertainty around IVF access or bring about a binding legal change, says Jeanne Vance at Weintraub Tobin.
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Mitigating Tariff Risks For Healthcare In US And Canada
Healthcare stakeholders should take steps to evaluate the impact of cross-border tariffs, as the historically strong ties between Canada and the U.S. demonstrate the potential for real disruption and harm to the healthcare industry in both countries, say attorneys at Norton Rose.
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4 Ways Women Attorneys Can Build A Legal Legacy
This Women’s History Month, women attorneys should consider what small, day-to-day actions they can take to help leave a lasting impact for future generations, even if it means mentoring one person or taking 10 minutes to make a plan, says Jackie Prester, a former shareholder at Baker Donelson.
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A Judge's Pointers For Adding Spice To Dry Legal Writing
U.S. District Judge Fred Biery shares a few key lessons about how to go against the grain of the legal writing tradition by adding color to bland judicial opinions, such as by telling a human story and injecting literary devices where possible.
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Preparing For Disruptions To Life Sciences Supply Chains
Life sciences companies must assess how new and escalating tariffs — combined with other restrictions on cross-border activity singling out pharmaceutical products and medical devices — will affect supply chains, and they should proactively prepare for antitrust and foreign direct investment regulatory review processes, say attorneys at Weil.
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Mastering The Fundamentals Of Life Sciences Due Diligence
As life sciences transactions continue to gain tremendous momentum, companies participating in these transactions must conduct effective and strategic regulatory due diligence, which involves extensive amounts of information and varies by manifold factors, says Anna Zhao at GunnerCooke.