Expert Analysis

2 Cases Shed Light On Invoking The 5th Before Congress

Given the anticipated increase in congressional investigations following the midterm elections, those who anticipa... (more story)

Cannabis, Psychedelics Boom Raises IP Hurdles

Recent data regarding patent filing activity and litigation in the cannabis and psychedelics markets indicates tha... (more story)

5 Practice Tips After DOJ's Healthcare Fraud Declination

In light of the U.S. Department of Justice's decision to not prosecute Campus Eye Management under the agency's ne... (more story)

Deals & Corporate Governance More

NC Residents Lose Class Cert. Bid In Hospital Antitrust Fight

A state court judge has denied class certification to a group of residents in western North Carolina in their healthcare antitrust case, saying they fell short of showing classwide impact in the form of allege... (more story)

Fed. Circ. Agrees Globus Didn't Infringe Spinal Surgery IP

The Federal Circuit on Friday upheld a Pennsylvania federal judge's decisions clearing Globus Medical Inc. of infringing Moskowitz Family LLC spinal surgery tool patents, agreeing that language used in the pat... (more story)

Biosimilars Boast Big Savings But Face IP Risks, Report Says

There are no biosimilar drugs in development for 90% of biologic products set to lose their patent exclusivity by 2034, according to a report released Thursday by the Association for Accessible Medicines, whic... (more story)

FTC Chucks Biden-Era Health App Breach Notification Policy

The Federal Trade Commission, as part of its regulatory streamlining, has rescinded a Biden-era policy requiring health applications and smart devices that collect information to warn users when their medical ... (more story)

Biogen Must Face Pharmacies' MS Drug Monopoly Suit

An Illinois federal judge on Tuesday refused to dismiss Walgreens and Kroger's lawsuit accusing Biogen Inc. of illegally stifling competition for its multiple sclerosis drug Tecfidera, saying they've made suff... (more story)

Justices' Hikma Reasoning May Extend Well Beyond Pharma

The active steps framework announced by the U.S. Supreme Court in its Hikma v. Amarin decision, finding that Amarin failed to plausibly allege inducement of infringement, has the potential to reshape how court... (more story)

Digital Health & Technology More

FDA-SEC Data Pact Puts Spotlight On Pharma Disclosures

A new data-sharing deal between federal drug and securities officials means drugmakers better have their story straight when they tell investors and the public about U.S. Food and Drug Administration approvals.

11th Circ. Urged To Undo Trial Loss For Hospital Ratings Org

A Florida federal court order requiring hospital ratings nonprofit Leapfrog to revoke poor safety grades it issued to five hospitals owned by Tenet Healthcare Corp. violated the First Amendment, Leapfrog told ... (more story)

Apple Watch Ban In Masimo ITC Patent Case Hits High Court

Apple Inc. has told the U.S. Supreme Court that the Federal Circuit improperly "lowered the bar" for meeting the U.S. International Trade Commission's domestic industry requirement in patent disputes, by affir... (more story)

Squires Grants 10 Patent Reviews, Rejects None

U.S. Patent and Trademark Office Director John Squires has instituted 10 more Patent Trial and Appeal Board petitions, largely in the pharmaceutical space.

Judge Won't Touch Verdict In Blood Collection Patent Case

A Delaware federal judge has denied a bid from medical equipment maker Kurin for a new trial after a jury found it owed Magnolia Medical $1.6 million for infringement of three patents covering blood culture co... (more story)

NJ Tech Chief Seeks To Avoid TikTok Depo In AG's Fraud Suit

New Jersey Chief Technology Officer Kevin Dehmer has asked a state court judge to block TikTok from deposing him in the attorney general's consumer fraud lawsuit, arguing that he has no firsthand knowledge of ... (more story)

Policy & Compliance More

Albertsons Owes $2.2B For Opioids, Wash. Says As Trial Ends

Albertsons should pay $2.2 billion to address opioid-related harms in Washington, attorneys for the state argued at the close of a two-month bench trial Monday in contending that the pharmacy failed for years ... (more story)

DOD's HIV-Positive Enlistee Ban Is 'Irrational,' 4th Circ. Told

An attorney for people barred from joining the military for being HIV-positive called the policy irrational at a Monday en banc hearing at the Fourth Circuit, as some judges asked why they should scuttle that ... (more story)

9th Circ. Rejects Challenge To Wash. Abortion Coverage Law

Revisiting a church's First Amendment challenge to a Washington law mandating that certain health insurance plans include abortion coverage, a divided Ninth Circuit panel Monday concluded that the Cedar Park A... (more story)

ERISA Smoking Suit Must Be Arbitrated, Dollar General Says

The Sixth Circuit should scuttle a proposed Employee Retirement Income Security Act class action against Dollar General by reviving and granting the company's motion to compel individual arbitration, Dollar Ge... (more story)

DOJ Suit Over NY Medicaid Program Is 'Baseless,' Court Told

New York officials and the state's chosen steward for managing its $10 billion Medicaid home-care program fired back at U.S. Justice Department allegations that the bidding process for that contract was a sham... (more story)

Eli Lilly's $200M Fraud Suit Is Still Defective, Church Cos. Say

Companies affiliated with the Church of God in Christ urged a Florida federal judge to dismiss Eli Lilly's amended lawsuit alleging a $200 million-plus fraud scheme to resell the Trulicity diabetes drug on the... (more story)