Healthcare & Life Sciences Insights
Discover Latham’s latest insights into the commercial, regulatory, and legal developments shaping the global healthcare and life sciences landscape.
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Our Work
Latham & Watkins Represents Modivcare in Comprehensive Restructuring Agreement
Latham Advises on Kangji Medical Proposed Privatization
Recognition
Litigator of the Week Runners-Up and Shout-Outs — Cendyn and ChemoCentryx (Amgen)
A Latham antitrust and appellate litigation team secured a landmark affirmance in an algorithmic pricing dispute. A separate litigation team secured a total summary judgment victory in a securities class action dispute.
Latham Ranks #1 M&A and Private Equity Law Firm Globally in H1 2025 League Tables
Firm’s M&A and Private Equity Practice earned top rankings across global, regional, and industry league tables, highlighting market leadership on the range of sophisticated transactions.
Litigator of the Week Runners-Up and Shout-Outs — Recor Medical
An intellectual property team secured the dismissal of counterclaims in a patent litigation case for their client Recor against market rival Medtronic
The Book of Jargon® Series
Relator
the private citizen or whistleblower who files suit under the False Claims Act on behalf of the government to assist in the prosecution of false or fraudulent conduct. After an investigatory period, the government then has the choice to either take over and prosecute the suit (typically called intervening) or to decline intervention in the case. Relators may receive a part of any recovery by the government, usually between 15-30%, plus attorney’s fees. If the government declines intervention, the relator can proceed alone as plaintiff on behalf of the government.
Licensed Patents
the Patents and patent applications that are licensed to a Licensee by the Licensor pursuant to a License.
Declaratory Judgment
a legal determination by a court resolving an issue affecting the rights of the parties to a dispute. Declaratory Judgments are common in Patent litigation because they allow alleged infringers to seek judicial determination of, for example, validity, non-infringement or enforceability of an Asserted Patent before the patent owner brings suit. A Declaratory Judgment action may allow the alleged infringer to determine the forum of the lawsuit.
Inter Partes Review (IPR)
a PTAB proceeding for challenging the validity of any issued Patent. IPR may be requested on the basis of Novelty and Obviousness, and only Patents and printed publications may be used as prior art. 37 C.F.R. § 42.104(b).
The PTAB will not institute a petition for IPR if the Petitioner previously filed a Declaratory Judgement action challenging the Patent’s validity. But a Declaratory Judgement action filed as a counterclaim to an infringement suit does not bar instituting an IPR. 37 C.F.R. § 42.101.
IPR may be requested at any time for first-to-invent Patents. But for first-to-file Patents, IPR may only be requested nine months after the issuance or later (the period when a Petition for post- grant review could be filed). 37 C.F.R. § 42.102. And if Petitioner has been served with a patent infringement complaint, then the Petition must be filed in the PTAB within one year after service. 35 U.S.C. § 315(b).
Obstetrics
the branch of medicine that deals with childbirth and the care of women before, during and after childbirth.