Digital Health & Technology

  • September 10, 2026

    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 the Eleventh Circuit in a Thursday opening brief challenging its bench trial loss.

  • September 10, 2026

    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 affirming a decision that the Apple Watch infringed Masimo Corp. patents.

  • September 10, 2026

    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.

  • September 10, 2026

    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 collection products, saying the jury's verdict was not the product of confusion or a miscarriage of justice.

  • September 09, 2026

    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 the allegations and that forcing a high-ranking state official to testify is unwarranted.

  • September 09, 2026

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    The Federal Trade Commission, as part of its regulatory streamlining, has rescinded a Biden-era policy requiring health applications and smart devices that collect information to warn users when their medical data has been breached.

  • September 09, 2026

    Calif. Judge Hands Eli Lilly Mixed Bag In Compound Drug Suit

    Eli Lilly failed to plausibly allege that a physician group and pharmacy conspired to falsely advertise compounded versions of its diabetes and weight loss drugs, but can continue with allegations they conspired to unfairly compete with Lilly, a California federal judge held.

  • September 09, 2026

    Calif. Judge Seeks Clearer Limits On ICE Use Of Medicaid Data

    A California federal judge ordered 22 states and the Trump administration to reach an agreement on the proper scope of his injunction limiting Medicaid data use for immigration enforcement, saying he's unsure how it should apply to people with Deferred Action for Childhood Arrivals status.

  • September 08, 2026

    Courts Rule On Fertility Aid, HHS Data Sharing And More

    Law360 Healthcare Authority looks at a D.C. Circuit decision partially reversing a biotech company's loss, a New York judge's declining to enjoin plans by the U.S. Department of Health and Human Services, and other litigation affecting the healthcare industry.

  • September 08, 2026

    Meet The Attorneys Guiding BioXcel Therapeutics' Ch. 11

    A group of attorneys from Young Conaway Stargatt & Taylor LLP and Cooley LLP is representing artificial intelligence-powered drug company BioXcel Therapeutics Inc. in its Chapter 11 case.

  • September 08, 2026

    Apple Fights Masimo Bid To Add $243M To $634M Patent Win

    Apple has pressed a California federal judge to reject Masimo's request for nearly $243 million in interest atop a $634 million patent jury verdict on the Apple Watch's heart rate feature, saying the "staggering" damages are so large that adding more would be an "enormous windfall."

  • September 04, 2026

    NY Judge Won't Block HHS Sharing Of Aid Recipients' Info

    A New York federal judge refused to block a U.S. Department of Health and Human Services plan to share aid recipients' information with other agencies, including the U.S. Department of Homeland Security, ruling that nonprofits challenging it failed to show recipients faced irreparable harm.

  • September 03, 2026

    Ky. AG Sues NY Abortion Rights Org. Over Gas Station Ads

    A New York-based abortion advocacy nonprofit is violating Kentucky's consumer protection laws by illegally advertising mail-order abortion pills at gas stations throughout the state and flying ads over the state fair, the state's attorney general claimed in a lawsuit Thursday. 

  • September 02, 2026

    Contractor Seeks Redo After Fed. Circ. Vacates $12.7M Award

    A software developer has urged the en banc Federal Circuit to rethink a panel's decision vacating a $12.7 million award against the federal government over unauthorized copies of the company's software, saying the panel wrongly endorsed a hypothetical negotiation between the parties to calculate damages.

  • September 01, 2026

    DC Circ. Backs Fair Use Repairs On Med Device Software

    The D.C. Circuit on Tuesday ruled that using copyrighted data and computer programs for the purpose of repairing medical devices falls under the fair use exemption, rejecting a challenge from two industry groups that wanted to compel the Library of Congress to revise its rules on the issue.

  • September 01, 2026

    Web Portal Aids Transparency In 'No Surprise' Billing Disputes

    A platform for No Surprises Act disputes could make it easier for medical providers and insurers to track cases. But experts don't expect it will do much to address the fiercest complaints about the system.

  • August 31, 2026

    Zimmer Wins Hip Implant Suit After Expert Testimony Tossed

    A New York federal judge handed Zimmer Inc. an early win in a multidistrict litigation case alleging its hip prosthetics are faulty, after finding that the plaintiff's only expert witness could not testify because his opinion that the device was defective was based solely on the fact that it broke.

  • August 28, 2026

    AbbVie 'Concocted' Cancer Drug IP Claims, Biotech Firm Says

    Biotech firms ProfoundBio and Genmab urged a Seattle federal judge Thursday to throw out rival AbbVie's lawsuit accusing two of its former employees of taking trade secrets on cancer therapies to ProfoundBio, arguing AbbVie's claims are time-barred, and the information wasn't a protectable trade secret.

  • August 28, 2026

    NJ Says TikTok Is Withholding Key Child Usage Data

    New Jersey urged a state judge to force TikTok to hand over detailed user engagement data the state said was essential in proving that the platform's design harmed children, accusing the company of months of evasive answers, shifting explanations and contradictory statements about whether the information even exists.

  • August 27, 2026

    Guardant Suits Against Tempus AI Clear Dismissal Bids

    A Delaware federal judge has refused to throw out litigation accusing Tempus AI Inc. of infringing Guardant Health Inc. patents covering technology used to analyze cancer-related genetic data and help guide testing and treatment.

  • August 25, 2026

    FDA 'Competency' Take On AI Regs Sparks Legal Concerns

    As federal health officials weigh regulations for generative artificial intelligence medical devices, some legal experts are raising concerns about agency authority over devices capable of performing a doctor's duties and the potential for regulator confusion.

  • August 24, 2026

    DaVita, Patients Get Early Nod In $15M Data Breach Deal

    A Colorado federal judge has given the initial green light to DaVita Inc.'s proposed $15 million settlement with millions of past and present patients who claim the healthcare company didn't adequately protect their personal information, which was exposed in an April 2025 breach, according to an order issued Friday.

  • August 21, 2026

    Patients Drop Data Breach Suit Against Medical Billing Co.

    A group of patients has dropped a lawsuit accusing a Georgia-based medical billing practice of failing to properly secure the personal information of patients and employees ahead of a September data breach.

  • August 20, 2026

    UnitedHealthcare Beats User's Data Privacy Suit, For Good

    UnitedHealthcare Services Inc. permanently beat a proposed class action alleging that its website's third-party tracking pixels shared information about its visitors, after a California federal judge said Wednesday that "the mere collection of plaintiff's generic insurance browsing data is not enough to demonstrate" concrete injury.

  • August 18, 2026

    What To Know: AMA Faces Medical Coding Copyright Suit

    A healthcare transparency group is asking a judge for permission to publish the medical codes that help determine the billing for medical procedures, setting up a confrontation with the American Medical Association, which developed the coding system. Here, Law360 takes a closer look at the case and the broader transparency debate.

Expert Analysis

  • AI Regulatory Gaps May Fuel FCA Enforcement Action

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    The intersection of artificial intelligence and False Claims Act enforcement presents legal risk for government contractors across several industries, particularly in the absence of a federal regulatory framework explicitly governing its development and use, say attorneys at O’Melveny.

  • Health Cos. Must Act Quickly To Secure Digital Front Doors

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    A fast-approaching deadline will require health providers to implement digital accessibility standards to their websites, necessitating important compliance steps that will help to ensure equal access to online health services, say attorneys at Holland & Knight.

  • Congress Should Ax Privacy Bill For Not Shielding Consumers

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    The SECURE Data Act should be rejected because, despite Congress' claims, it would not meaningfully rein in data practices, but instead would weaken enforcement, eliminate stronger protections and prioritize data extraction over consumer protection and accountability, say attorneys at DiCello Levitt.

  • DOJ Delay Of ADA Web Rule Undermines Equal Access

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    The U.S. Department of Justice's recent decision to delay compliance dates for regulations ensuring accessible government services online benefits no one, as it is long overdue for disabled Americans and doesn't lessen covered entities' legal obligations or litigation risk, say Mark Riccobono at the National Federation of the Blind and Eve Hill at Brown Goldstein.

  • Insurer Lessons From 1st Wave Of GenAI Coverage Rulings

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    Several pending cases target the issue of whether generative AI may appropriately replace human professional decision-making, and though each case is still in discovery, the decisions thus far provide insurers with guidance on how courts may view these claims, say attorneys at Simpson Thacher.

  • A Check-Up On HHS' Push To Implement AI Infrastructure

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    The U.S. Department of Health and Human Services has made some headway in its efforts to implement artificial intelligence across its agencies, but will have to overcome a number of near-term tests in order to be successful, says Theodore Thompson at Stinson.

  • The Road Ahead For Drug Development In The US

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    Against the backdrop of drug manufacturers potentially looking to move development efforts overseas, the U.S. Food and Drug Administration's latest guidance on new approach methodologies signals the FDA is likely to be receptive to industry innovation that makes U.S.-based drug development faster or less expensive, creating opportunities and compliance risks for tech companies, say attorneys at Morgan Lewis.

  • Del. Blackbaud Ruling Signals A New Era For Cyberinsurance

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    The recent Delaware Supreme Court ruling in Travelers v. Blackbaud shows that cyberinsurance is moving into a second maturity phase, in which insurers will increasingly attempt to recover their payments from vendors and insureds will face new pressure to justify cyber incident reimbursements, say Steven Teppler at Mandelbaum Barrett and Jade Davis at Shumaker.

  • How To Engage With Gov't's Direct-To-Consumer Drug Policy

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    The U.S. Department of Health and Human Services' recent request for industry input on manufacturers' direct-to-consumer drug sales reflects the government's caution in this arena, and allows stakeholders a rare opportunity to help shape policy, says Mary Kohler at Kohler Health Law.

  • FDA's Biosimilarity Guidance Holds Uncertain Implications

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    The U.S. Food and Drug Administration's new draft guidance aimed at simplifying the biosimilarity demonstration process may not be enough to overcome the barriers that have historically constrained biosimilar competition, and could affect biosimilar access in unexpected ways, say analysts at Analysis Group.

  • Health Co.'s 'Success Story' Misstep Holds HIPAA Lessons

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    Cadia Healthcare Facilities' fall settlement with the U.S. Department of Health and Human Services for improperly disclosing patients' protected health information in online success stories is an instructive example of Health Insurance Portability and Accountability Act risks that can arise from digital marketing efforts, say attorneys at Woods Rogers.

  • Methods For Challenging State Civil Investigative Demands

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    Ongoing challenges to enforcement actions underscore the uphill battle businesses face in arguing that a state investigation is prohibited by federal law, but when properly deployed, these arguments present a viable strategy to resist civil investigative demands issued by state attorneys general, say attorneys at Troutman Pepper.

  • What FDA Guidance Means For Future Of Health Software

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    Two significant final guidance documents released by the U.S. Food and Drug Administration last month reflect a targeted effort to ease innovation friction around specific areas, including singular clinical decision support recommendations and sensor-based wearables, while maintaining established regulatory boundaries, say attorneys at Covington.