A Federal Circuit panel on Monday overturned a preliminary injunction against a South Korean insulin pump patch manufacturer that allegedly stole trade secrets from a rival, saying a Massachusetts federal court made a series of errors in its determination to grant an injunction.
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WEDNESDAY, JUNE 19, 2024 Law360 iOS App Law360 Android App Follow Law360 on Facebook Follow Law360 on LinkedIn Follow Law360 on Twitter

TOP NEWS

Fed. Circ. Says Errors Led To Injunction In Trade Secrets Suit

By Ivan Moreno

A Federal Circuit panel on Monday overturned a preliminary injunction against a South Korean insulin pump patch manufacturer that allegedly stole trade secrets from a rival, saying a Massachusetts federal court made a series of errors in its determination to grant an injunction.

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Teva, DOJ Signal Key Kickback Case May Fizzle At 1st Circ.

By Jeff Overley

A U.S. Department of Justice kickback case against Teva Pharmaceuticals — closely watched by False Claims Act lawyers because of its multibillion-dollar stakes and its link to a major circuit split — is poised for settlement, according to a new First Circuit filing ahead of eagerly awaited oral arguments.

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Analysis

Top Patent Eligibility Rulings In The Decade Since Alice

By Ryan Davis

The U.S. Supreme Court's Alice v. CLS Bank decision 10 years ago this week led to scores of inventions being found ineligible for patenting, and rulings since then have fleshed out the law on the contentious topic. Here's a look at the most notable patent eligibility decisions after Alice.

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ENFORCEMENT & COMPLIANCE

Ex-Stimwave CEO Gets 6 Years For Dummy Implant Scheme

By Rachel Scharf

The founder and former CEO of Stimwave Technologies was sentenced to six years in prison Monday after tearfully proclaiming her innocence to healthcare fraud charges, with a Manhattan federal judge saying it's "sad" the defendant doesn't recognize the harm she inflicted by selling nonfunctional pain management device components.

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DOJ Wants 15 Years For Outcome CEO's $1B Fraud

By Lauraann Wood

Federal prosecutors said former Outcome Health CEO Rishi Shah should serve 15 years in prison while Outcome's co-founder and ex-financial chief each serve 10 years following their convictions for running a $1 billion fraud that affected lenders, investors and clients.

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LITIGATION

HUD Freed From Pa. Pot Patients' Suit Over Housing Rebuff

By Matthew Santoni

Unless the U.S. Department of Housing and Urban Development fulfills its threat to withhold a Pennsylvania county housing agency's funding for complying with a state court order to admit licensed medical marijuana patients, a lawsuit by the county agency and two potential tenants is premature, a federal judge ruled Monday.

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Zantac Suits Must Exit State Court, Conn. Judge Told

By Aaron Keller

A Connecticut state court judge must relinquish jurisdiction over two lawsuits claiming that generic versions of the heartburn drug Zantac caused cancer because state statutes do not subject entities with foreign business registrations to the auspices of Constitution State judges, a pharmaceutical industry attorney argued at a hearing Monday morning.

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USC Allegedly Used 'Junk Science' On Black Kidney Patients

By Rae Ann Varona

The University of Southern California secretly has been using a "junk science" scoring formula that hurts Black patients' eligibility to receive kidney transplants, according to a putative class action in California federal court.

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Mifepristone Ruling Means End Of Texas DACA Suit, Feds Say

By Catherine Marfin

A Texas-led coalition of states doesn't have standing to challenge the Deferred Action for Childhood Arrivals program after the U.S. Supreme Court's blockbuster decision rejecting a challenge to the abortion drug mifepristone, the Biden administration told the Fifth Circuit on Monday.

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NJ Firm Defends Lien On Ex-Client's Patents After Unpaid Bills

By Andrew Karpan

A major New Jersey law firm said it has a "common law" right to place a lien on its former client's patents without telling it, after the "failed" biopharmaceutical startup fired the firm and stopped paying its outstanding legal bills.

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Catching Up With Delaware's Chancery Court

By Leslie A. Pappas

Proposed amendments to Delaware's General Corporation Law that were prompted by several recent Chancery Court rulings sailed through the state Senate last week despite loud opposition from corporate law professors and other Chancery Court watchers, and Tesla shareholders filed two new suits against CEO Elon Musk. 

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NEWS IN BRIEF

Brief

Drugmaker, PE Investor Sued In Del. Over 'Unfair' Deal Terms

By Jeff Montgomery

Clinical-stage biotechnology firm Omega Therapeutics' board entered into an "unfair" agreement to develop a new drug with the company's controlling private equity stockholder that was heavily tilted in favor of the majority equity holder and Omega insiders, an investor alleged in a lawsuit in Delaware's Chancery Court.

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Brief

Talc Claimants Want Documents In Fight Over J&J Unit Venue

By Alex Wittenberg

Cancer patients with talc damage claims against Johnson & Johnson have urged a New Jersey federal court to give them access to transcripts and exhibits from depositions of top executives at the company's talc unit, saying the information will aid their effort to bar the J&J spinoff from filing a third Chapter 11 outside the Garden State.

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EXPERT ANALYSIS

Think Like A Lawyer: Always Be Closing

When a lawyer presents their case with the right propulsive structure throughout trial, there is little need for further argument after the close of evidence — and in fact, rehashing it all may test jurors’ patience — so attorneys should consider other strategies for closing arguments, says Luke Andrews at Poole Huffman.

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LEGAL INDUSTRY

The 2024 Lawyer Satisfaction Survey

Firms are making their attorneys happy in most areas of professional life, including culture and compensation, but stress is a constant struggle and many are taking minimal vacations, according to the latest survey from Law360 Pulse.

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Akin Elects US, London Duo To Take Over From Veteran Chair

By Ashish Sareen

Akin Gump Strauss Hauer & Feld LLP said on Tuesday that it has elected the partner in charge of its New York office and a corporate specialist in London to jointly lead the firm as its longtime chair prepares to step down next year.

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NY High Court Denies Trump's Gag Order Appeal

By Frank G. Runyeon

New York state's highest court on Tuesday denied Donald Trump's rapid appeal of the gag order that limited his speech during his criminal hush money trial, finding it did not raise serious constitutional issues.

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Dems' Absences Bring Canceled Vote On Ore. Federal Judge

By Courtney Bublé

The Senate scrapped a vote on Tuesday for Magistrate Judge Mustafa Taher Kasubhai's nomination to a district court judgeship in the District of Oregon amid vast Republican opposition.

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Del. House Panel Splits On Senate-Passed Corp. Law Change

By Jeff Montgomery

A divided Delaware House committee released on Tuesday contested amendments to the state's general corporation law, sending the measure toward a full House vote after sometimes edgy testimony that included a committee chair's shutdown of an opposing law professor's reference to HBO's seamy corporate drama series "Succession."

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The 2 New Jersey Attys Ensnared In A Mogul's Extortion Rap

By George Woolston

New Jersey businessman George E. Norcross III may be the alleged mastermind of an extortion scheme to reap millions in tax credits on waterfront property in a distressed city, but an explosive indictment also reveals the purported roles of two attorneys with close ties to the Democratic Party.

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Panel Laments 'Hunger Games' Tactics In Mich. Judicial Races

By Carolyn Muyskens

A Michigan Court of Appeals panel has expressed concern that judicial candidates are weaponizing the complexity of Michigan's filing requirements to eliminate their competition, with one judge commenting that "contests for vacant judgeships all too often have turned into the Hunger Games." 

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McElroy Deutsch Says Exec Embezzled Money For Home

By Tracey Read

McElroy Deutsch Mulvaney & Carpenter LLP has doubled down on its bid for a constructive trust on the home of two former executives accused of stealing from the firm.

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9 Firms Vie To Lead Suit Over Ad Tech Co.'s Microsoft Ties

By Sydney Price

Pomerantz LLP, Levi & Korsinsky LLP and several other firms have filed competing bids to lead a proposed shareholder class action alleging that shares of ad tech company Perion Network declined nearly 40% after its strategic partner Microsoft Bing "unilaterally" changed its search advertising pricing.

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Healthcare Tensions Equal Business For Litigation Funders

By Ryan Boysen

As rampant consolidation collides with inflation-squeezed margins in the American healthcare system, tensions between service providers and insurers are at the breaking point and increasingly boiling "over into litigation," providing opportunities for litigation funders, according to a new article by Burford Capital LLC.

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Ariz. County Says New Kari Lake Vote Claims Merit Sanctions

By Ali Sullivan

Maricopa County officials are slamming former gubernatorial candidate Kari Lake's bid to unravel a Ninth Circuit decision affirming the toss of her lawsuit over Arizona's voting machines, contending that the "fatally flawed" effort warrants sanctions.

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DC Bar Counsel Moves To Suspend Hunter Biden's Law License

By Alison Knezevich

Attorney disciplinary authorities in the nation's capital have moved to suspend Hunter Biden's license to practice law there after he was convicted of three federal gun charges last week.

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Dems Ask For Update On Justice Thomas Gifts Investigation

By Katie Buehler

A pair of Democratic lawmakers have asked the judiciary's governing body for an update on its review of U.S. Supreme Court Justice Clarence Thomas' failure to disclose years of luxury gifts and travel he received from conservative billionaires.

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Cuomo's Ex-Aide Details Sex Harrassment Claims In New Suit

By Dorothy Atkins

Former New York Gov. Andrew Cuomo's onetime executive assistant has filed a civil lawsuit in New York state court, accusing Cuomo of "outrageous sex discrimination and retaliation" roughly two years after related misdemeanor charges over the alleged misconduct were dropped.

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COMPANIES IN TODAY'S NEWS

Alstom SA

American Axle & Manufacturing Holdings Inc.

American Hospital Association

Boehringer Ingelheim

Boehringer Ingelheim Vetmedica Inc.

Burford Capital LLC

Cedars-Sinai Medical Center

Chegg Inc.

Conner Strong & Buckelew

Cooper Health System

De Novo

Delaware State Bar Association

Envision Healthcare Corp.

Flagship Pioneering

Google LLC

HP Inc.

Home Box Office Inc.

Insulet Corp.

Insulet Corporation

Johnson & Johnson

Medtronic PLC

Mexican American Legal Defense & Educational Fund

Microsoft Corp.

Moelis & Co.

New Jersey State Bar Association

Norfolk Southern Corp.

Novo Nordisk A S

Omega Therapeutics Inc.

Outcome Health

Perion Network Ltd.

Pfizer Inc.

Regeneron Pharmaceuticals Inc.

Rowan University

Sanofi

Sun Bancorp Inc.

Tesla Inc.

Teva Pharmaceutical Industries Ltd.

The AES Corp.

The District of Columbia Bar

The Leadership Conference on Civil & Human Rights

Therapeutics Inc.

Toronto-Dominion Bank

Twitter Inc.

U.S. Anesthesia Partners

U.S. Vision Inc.

United Network for Organ Sharing

United Way Worldwide Inc.

University of Southern California

Warner Bros. Discovery Inc.

Warner Bros. Entertainment Inc.

LAW FIRMS IN TODAY'S NEWS

Akin Gump

Avolio Law Group

Bernstein Liebhard

Block & Leviton

Brown & Connery

Bryan Cave

Burgess Law Group

Clement & Murphy

Cooley LLP

Critchley Kinum

Cuti Hecker

Day Pitney

Ellis George LLP

Faegre Drinker

Fox Rothschild

Glancy Prongay

Glavin PLLC

Goodwin Procter

Holland & Knight

Holzer & Holzer

Hopkins & Carley

Kaplan Fox

Kirkland & Ellis

Knobbe Martens

Lando & Anastasi

Levi & Korsinsky

Marino Tortorella

McCarter & English

McElroy Deutsch

Morgan Lewis

Parker Daniels Kibort

Parker McCay

Paul Weiss

Pomerantz LLP

Poole Huffman

Ropes & Gray

Shapiro Arato

Shipman & Goodwin

Shook Hardy

Spears Manning

Sunstein LLP

Thompson Coburn

Walden Macht

Wiggin & Dana

Winston & Strawn

Wocl Leydon

Wolf Popper

GOVERNMENT AGENCIES IN TODAY'S NEWS

California Public Employees' Retirement System

Centers for Medicare & Medicaid Services

Delaware Court of Chancery

Delaware River Port Authority

Federal Trade Commission

Food and Drug Administration

New Jersey Attorney General's Office

New York Attorney General's Office

Texas Attorney General's Office

U.S. Attorney's Office

U.S. Attorney's Office for the District of Massachusetts

U.S. Attorney's Office for the Northern District of Illinois

U.S. Attorney's Office for the Southern District of New York

U.S. Court of Appeals for the Federal Circuit

U.S. Court of Appeals for the Fifth Circuit

U.S. Court of Appeals for the First Circuit

U.S. Court of Appeals for the Ninth Circuit

U.S. Department of Health and Human Services

U.S. Department of Homeland Security

U.S. Department of Housing and Urban Development

U.S. Department of Justice

U.S. District Court for the Central District of California

U.S. District Court for the District of New Jersey

U.S. District Court for the Northern District of Illinois

U.S. District Court for the Southern District of New York

U.S. District Court for the Western District of Pennsylvania

U.S. Drug Enforcement Administration

U.S. Patent and Trademark Office

U.S. Securities and Exchange Commission

U.S. Senate

U.S. Supreme Court