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FDA Convenes Two-Day Public Hearing on Human Cell and Tissue Product Regulatory Paradigm
September 15, 2016 | Alert | By Joanne Hawana
As stakeholders and watchers of the expansive field of regenerative medicine likely are aware, earlier this year a study published in the peer-reviewed journal Cell Stem Cell reported on the growth of so-called stem cell clinics operating in the U.S.
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FDA Comes Through on Promise to Release NGS Device Draft Guidelines Expeditiously
July 12, 2016 | Alert | By Joanne Hawana
Building on last year’s public workshops related to Next-Generation Sequencing (NGS) and expanding its efforts to advance the Obama Administration’s Precision Medicine Initiative, the FDA late last week released two draft guidance documents on different aspects of NGS-based diagnostic tests.
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Fed Circuit's "Amgen v. Apotex" Decision: Clarification of a BPCIA Riddle (Unless, of course, the Supreme Court Steps In)
July 5, 2016 | Blog | By Thomas Wintner
On July 5, the Federal Circuit issued another important decision regarding the meaning of certain provisions of the Biologics Price Competition and Innovation Act (BPCIA).
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UPDATE: Subject Matter Eligibility under 35 U.S.C. § 101 – Life Sciences
May 18, 2016 | Alert | By Terri Shieh-Newton
The United States Patent And Trademark Office (USPTO) issued a memorandum on May 4, 2016 (May 2016 Memo) to the Patent Examining Corps to provide further Examiner instructions relating to subject matter eligibility under 35 U.S.C. § 101.
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Deciphering the Final AMP Rule – Key Provisions Impacting Pharmacies, PBMs, and Manufacturers
February 10, 2016 | Advisory | By Theresa Carnegie, Lauren Moldawer
In late January, the Centers for Medicare & Medicaid Services (“CMS”) released the much anticipated Covered Outpatient Drugs Final Rule with Comment (the “AMP Final Rule”).
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Biosimilars and FDA Regulatory Webinar Recap
February 2, 2016 | Blog | By Joe Rutkowski
Mintz Levin’s Biosimilar webinar series continued this month with Linda Bentley and Joanne Hawana’s Biosimilars FDA/Regulatory Overview presentation on the Biologics Price Competition and Innovation Act (“BPCIA”) and its implementation.
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Preparation for 2015 Fiscal Year-End SEC Filings and 2016 Annual Shareholder Meetings
February 2, 2016 | Advisory | By Megan Gates, Pamela Greene, Breton Leone-Quick
As our clients and friends know, each year Mintz Levin provides an analysis of the regulatory developments that impact public companies as they prepare for their fiscal year-end filings with the Securities and Exchange Commission (“SEC”) and their annual shareholder meetings.
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Drug Costs, Risk Adjustment Drive Q2 Health Insurance Rate Increases
January 26, 2016 | Advisory | By Julie Cox, Stephen Weiner, Sasha Dudding
The Massachusetts Division of Insurance (DOI) recently held a two-day hearing on rate changes proposed by Massachusetts health insurance plans to be effective for the second quarter of 2016 (Q2).
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FDA Invites Genome Scientists to Come Play in the precision FDA “Sandbox”
November 13, 2015 | Alert | By Joanne Hawana
On November 12th and 13th, the Food and Drug Administration hosted genome scientists from across the nation at its campus in White Oak, Maryland.
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Recent Developments in Massachusetts Health Policy
October 23, 2015 | Alert | By Julie Cox, Sasha Dudding, Stephen Weiner
Building on the momentum of early October hearings on the state’s growing health care expenditures, the Health Policy Commission (HPC), the Joint Committee on Health Care Financing, Governor Charlie Baker, and others spent the past two weeks crafting new policies for the industry and its consumers.
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Biosimilars, the BPCIA, and Amgen v. Sandoz: The Federal Circuit’s First Attempt To Make Sense of “A Riddle Wrapped in a Mystery Inside an Enigma”
July 22, 2015 | Alert | By Thomas Wintner
On July 21, 2015, the Federal Circuit issued a key decision regarding the meaning of various provisions of the Biologics Price Competition and Innovation Act (BPCIA). See Amgen Inc. v. Sandoz Inc., Fed. Cir. Case No. 2015-1499.
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FDA Issues Warning Letter to Corporate Sponsor of Clinical Trial
July 21, 2015 | Alert
The U.S. Food and Drug Administration (FDA) does not frequently issue Warning Letters to corporate sponsors of FDA-regulated clinical trials, so the June 16, 2015, Warning Letter sent to AB Science, a pharmaceutical company with offices in France and New Jersey, regarding the company’s conduct as a sponsor of several clinical trials is noteworthy.
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D.C. Circuit Affirms: FTC Can Change HSR Rules Targeted at Pharmaceutical Patents
June 11, 2015 | Blog | By Dionne Lomax
In a confluence of IP and antitrust law, a three judge panel for the D.C. Circuit recently affirmed a lower court decision upholding the Federal Trade Commission’s (“FTC”) 2013 modification of regulations under the Hart Scott Rodino (“HSR”) Act to require reporting of even partial transfers of pharmaceutical patent rights as an “asset acquisition” if all commercially significant rights are transferred.
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No One Told John Oliver About the America Invents Act: Last Week Tonight Stuck in 2012
May 4, 2015 | Advisory | By Michael Renaud, Jack Schecter, Robert Moore
The heady days of 2012 saw “Gangnam Style” dominate the U.S. music charts, Patricia Krentcil rocket to fame as the “New Jersey Tanning Mom,” and the New York Giants win the Super Bowl.
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Developments in Judicial Deference of Administrative Agency Actions
April 22, 2015 | Advisory
In my post of April 2, Divided Supreme Court Restricts Provider Challenges to State Medicaid Rates, I wrote about the March 31st Supreme Court decision that providers may not sue in federal court over the adequacy of state Medicaid rates (See Armstrong v. Exceptional Child Ctr., Inc. (“Exceptional Child Center”).
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District Court Rules Against Amgen's Motion for Preliminary Injunction to Prevent Marketing of Sandoz's Biosimilar Zarxio
March 20, 2015 | Blog | By Thomas Wintner, Terri Shieh-Newton
In an order released on March 19, 2015, U.S. District Court Judge Richard Seeborg of the Northern District of California denied Amgen’s motion for judgment on the pleadings as well as its request for a preliminary injunction to prevent Sandoz from marketing its drug Zarxio®.
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IRS Ruling Permits Inclusion of “Friendly PCs” in Consolidated Federal Income Tax Returns
February 13, 2015 | Alert | By Theresa Carnegie, Ryan Cuthbertson, Carrie Roll, Jonathan Talansky
On December 19, 2014, the Internal Revenue Service (“IRS”) issued a private letter ruling (the “Ruling”) allowing corporations that manage physician practices through a so-called “friendly physician” arrangement to treat the physician practices as members of the corporations’ consolidated tax group for U.S. federal income tax purposes.
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