News & Analysis as of

Misappropriation Pharmaceutical Industry

BakerHostetler

The SEC Secures Major Trial Victory in Its First ‘Shadow Trading’ Insider Trading Enforcement Action – Securities and Exchange...

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On Friday, April 5, a California federal jury found a former Medivation executive liable for insider trading under the novel liability theory of “shadow trading,” following an eight-day trial and less than three hours of...more

Seyfarth Shaw LLP

Medical Device Companies Settle Trade Secrets Dispute for $8,000,000

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Aegis Spine Inc. has agreed to pay $8,000,000 to fellow spinal implant manufacturer Life Spine Inc., following Life Spine’s suit in the Northern District of Illinois alleging Aegis had misappropriated Life Spine’s trade...more

Fish & Richardson

ITC Monthly Wrap-Up: June 2023

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In June, complainants filed four complainants with the Commission—Certain Portable Battery Jump Starters and Components Thereof (II), Inv. No. 337-TA-1359; Certain Semiconductor Devices and Products Containing the Same, Inv....more

Goodwin

Alvotech and AbbVie Settle Patent Dispute

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Alvotech Holdings S.A. (“Alvotech”) has announced that they have settled all pending disputes between AbbVie and Alvotech related to AVT02 (100mg/mL), Alvotech’s high-concentration, citrate-free biosimilar candidate for...more

Goodwin

International Trade Commission Institutes Investigation of Alvotech’s Adalimumab Biosimilar

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As noted in our December 21, 2021 post, Complainants AbbVie Inc., AbbVie Biotechnology Ltd. and AbbVie Operations Singapore Pte. Ltd. filed a complaint at the International Trade Commission against Respondents Alvotech hf.,...more

Proskauer - Life Sciences

When Nondisclosure Agreements and Pharmaceutical Trade Secrets Intersect

In the United States, the scale of trade secret theft is estimated to be between $180 billion and $450 billion annually. Among the targets of this theft are pharmaceutical companies, which are some of the most...more

White & Case LLP

SEC Extends the Misappropriation Theory of Insider Trading Beyond Targets of Acquisitions to Companies “Economically Linked” to...

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In a landmark action, the US Securities and Exchange Commission ("SEC") filed a complaint alleging insider trading that expands the potential reach of insider trading law. On August 17, 2021, the SEC charged a former employee...more

Fisher Phillips

Protecting Against the Risk of Trade Secret Exposure Arising from Biotech Industry Collaboration

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Biotechnology companies in the healthcare/pharmaceutical realm are in an exceptionally competitive field, with many companies competing against each other for a chance to market similar innovative therapeutics. These...more

BCLP

SEC Brings First Case Charging Shadow Insider Trading

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The SEC’s filing of its first shadow trading case earlier this month signals the agency’s willingness to pursue actions based on expanded theories of insider trading liability. In a federal court complaint, the SEC on...more

Rivkin Radler LLP

DOJ Announces COVID-19 Fraud Takedown

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On May 26, the U.S. Department of Justice (DOJ) announced criminal charges against 14 defendants in six states for participation in healthcare fraud schemes related to the COVID-19 pandemic. The coordinated takedown involved...more

Maynard Nexsen

[Webinar] Offensive and Defensive Strategies for Protecting Your Company's Trade Secrets - May 27th, 12:00 pm - 1:00 pm EDT

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2021 Webinar Series: Life Sciences with Nexsen Pruet - Nexsen Pruet's newest webinar series is focusing on Life Sciences companies in the Carolinas. These webinars will focus on various legal and regulatory issues that...more

McDonnell Boehnen Hulbert & Berghoff LLP

Suspending IP Protection: A Bad Idea (That Won't Achieve Its Desired Goals)

Demagogy is never pretty.  When coupled with a species-threatening pandemic, the propensity for the pundit class is to be susceptible to solutions that sound reasonable only to the uninformed.  To make matters worse, some of...more

Goodwin

Commission Issues Exclusion Order in Botox Trade Secret Case

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In July we reported that the presiding Administrative Law Judge recommended issuing an exclusion order blocking the importation of Jeuveau® (prabotulinumtoxinA-xvfs), Evolus’s follow-on biologic to Allergan’s Botox®...more

Skadden, Arps, Slate, Meagher & Flom LLP

Hong Kong Regulatory Update - July 2020

This update provides an overview of key regulatory developments in the past three months relevant to companies listed, or planning to list, on The Stock Exchange of Hong Kong Limited (HKEx), and their advisers. In particular,...more

Goodwin

ALJ Recommends Exclusion in Botox Trade Secret Case

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We previously reported on an International Trade Commission hearing in a trade secret dispute brought by Allergan and Medytox against Daewoong and Evolus.  In the underlying investigation, Allergan and Medytox seek to block...more

Ward and Smith, P.A.

U.S.-China Trade Deal Shows Potential for Improved U.S. Intellectual Property Rights in China

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A result of negotiating techniques from Donald Trump's book "The Art of the Deal" or a result of strategies from the ancient Chinese military strategy treatise "The Art of War"?...more

Robins Kaplan LLP

Financial Daily Dose 8.28.2019 | Top Story: British PM to Suspend Parliament in Bid to Push Through Brexit

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Man-of-the-people PM Boris Johnson is set to as the Queen to suspend parliament for 5 weeks in an attempt to squeeze the time for opposition to the October 31st Brexit deadline, a move that’s prompting concerns about a...more

McDonnell Boehnen Hulbert & Berghoff LLP

Even More Ill-Conceived Remedies from Congress Regarding Prescription Drug Costs

"Solving" the problem of high prescription drug prices has been on the minds of our representatives in Congress lately, and the desire to "do something" about it has reached the point that just doing something (or being...more

Goodwin

Court Enters Preliminary Injunction Against JHL In Biosimilar Trade Secrets Case

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As we previously reported, in October 2018, Genentech brought claims against Taiwan-based biosimilar developer JHL Biotech, Inc. and individual defendants for trade secret misappropriation, computer fraud, breach of contract,...more

Robins Kaplan LLP

Your Daily Dose of Financial News

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All of that SuperBowling seems to have put activist investor Starboard in the mood for some pizza—specifically, former NFL-partner Papa John’s, which has struggled in the wake of the removal of its founder and namesake John...more

Seyfarth Shaw LLP

Pennsylvania Federal Court Finds That Plaintiff’s Trade Secret Misappropriation Allegations Hold Up

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A Pennsylvania federal court recently denied Defendant Synchrony Group, LLC’s motion to dismiss a trade secret lawsuit filed by Plaintiff Jazz Pharmaceuticals, Inc. (Jazz”) holding that Plaintiff sufficiently stated a trade...more

Goodwin

Former Genentech Employees Accused of Stealing Biologic Manufacturing Process Trade Secrets

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On October 25, 2018, the U.S. Attorney for the Northern District of California filed an indictment against four individuals (three of whom were former Genentech employees) alleging theft of trade secrets, computer fraud and...more

Sherman & Howard L.L.C.

Loving the Competition

In a recent case, with some rather salacious details, the Third Circuit had the opportunity to examine employee liability under the Computer Fraud and Abuse Act (CFAA). Teva received a tip from a competitor’s former employee...more

Orrick - Trade Secrets Group

PILLOW TALK: A Threat to Trade Secrets?

It turns out that, even in romantic relationships, some things are best kept secret. On July 7, 2017, Teva Pharmaceuticals USA, Inc. filed a complaint in the Eastern District of Pennsylvania alleging that a former executive...more

Cadwalader, Wickersham & Taft LLP

The Defend Trade Secrets Act: Significant Recent Changes to Intellectual Property Law May Provide New Avenues for Protecting...

On May 11, 2016, President Obama signed into law the Defend Trade Secrets Act (“DTSA”), marking one of largest changes to intellectual property law since the America Invents Act of 2011. This legislation will allow companies...more

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