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Volume 10, Number 2 (2007)
ABSTRACTS
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GUEST EDITORIAL

Bringing Biotechnology Health Innovations to Patients Requires a Stronger FDA
James C. Greenwood

FEATURE ARTICLES

Ethics and Lobbying Reform in the 110th Congress
Thomas M. Susman and Margaret S. Moore

A Panoramic View: What Life Sciences Firms Can Learn from Insurance Carriers that Take a Holistic Approach to Underwriting
Philip W. Fiscus
The Critical Path of Medical Product Development: Challenges and Opportunities
Theresa Toigo and Rachel Behrman


The "My-Health" Revolution: Communication Challenges in the Age of Personalized Medicine
Marcia A. Kean and Mike Silver


2006 Compensation and Entrepreneurship Report in Life Sciences
Contributed by Wilmer Cutler Pickering Hale and Dorr LLP, Ernst & Young and J. Robert Scott*


RECENT DEVELOPMENTS

Evidence and Action
Bryan A. Liang


Wal-Mart "Rolls Out" $4 Generic Prescription Drugs
Alexis Guanzon


Coronary Drug-Eluting Stents May Cause Death and Myocardial Infarction
Aline Gaba


Registered Nurse Safe Staffing Act Addresses Nurse-to-Patient Ratios with Acuity-Based Approach
Amber Zupancic


CMS New Coverage with Evidence Policy
Troy B. Krich


Nanotechnology Issues and Challenges
Erizen Sei Bowles


First DPP-4 Inhibitor Class Drug for Diabetes Treatment Approved
Joya Raha


BIOCOLUMNS

Intellectual Property / Risky Business: Assessing Materiality in IP Due Diligence
John M. Griem, Jr. and Jason Gonder


Regulatory / FDA Updates Compliance Program for Inspecting Medical Device Manufacturers
Ed Basile and Mark Brown


Accessing US Government Contracts and Grants: Key Points for Non-US Companies
William Weisberg


Clinical Trials / Benefits of Conducting Clinical Trials in Israel for Multinational Life Science Companies
Ahuva Koren


EU BioTech / Advancing Europe's Biotech Base
Adeline Farrelly and Dirk Carrez


Finance / Biotech Starts Out on Right Foot in 2007
G. Steven Burrill


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Feature

Bringing Biotechnology Health Innovations to Patients Requires a Stronger FDA
James C. Greenwood

Abstract: The rapidly advancing science of biotechnology is leading us to a way of life barely imaginable just a few short years ago. But to fulfill biotechnology's promise of personalized health care and new cures and preventions for age-old diseases, we must maintain a strong innovation pipeline that helps safe and effective new therapies reach patients in a timely way. To do so it is critical to provide adequate public funding to the Food and Drug Administration (FDA). The agency's budget has not kept pace with the demands placed upon in an era of rapid biotechnological and medical innovation and it is in danger of becoming a bottleneck to innovation. The Biotechnology Industry Organization (BIO) has joined a broad coalition of patient, consumer and industry organizations to advocate for increased funding and public support for the FDA so that the agency can fulfill its mission of ensuring the safety and efficacy of new therapies and other regulated products. 2 pages

©2007 by The Journal of BioLaw & Business. All Rights Reserved.

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Feature

Ethics and Lobbying Reform in the 110th Congress
Thomas M. Susman and Margaret S. Moore

Abstract: A number of important issues affecting the biotechnology industry will come before Congress this session. At the same time, lobbying and ethics reforms are changing the way lobbyists operate in Washington. This article reviews the changing landscape on Capitol Hill and provides an overview of new travel and gift rules, earmark reform, and other new requirements and restrictions. 4 pages

©2007 by The Journal of BioLaw & Business. All Rights Reserved.

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Feature

A Panoramic View: What Life Sciences Firms Can Learn from Insurance Carriers that Take a Holistic Approach to Underwriting
Philip W. Fiscus

Abstract: An insurance underwriter's job is to evaluate risk and determine how much of a particular risk the insurance company should assume and at what price. To really understand the risk profile of a specific biotech, underwriters must take a long-term view of the company and the exposures associated with different stages of product development. A biotechnology company can learn a lot by how its insurance carrier views the business. 5 pages

©2007 by The Journal of BioLaw & Business. All Rights Reserved.

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Feature

The Critical Path of Medical Product Development: Challenges and Opportunities
Theresa Toigo and Rachel Behrman

 

Abstract: In March 2004, the FDA launched the Critical Path Initiative with a report titled Challenge and Opportunity on the Critical Path to New Medical Products. This report presents FDA's assessment of one of the scientific challenges underlying the medical product pipeline problem: the need to modernize the Critical Path of medical product development, facilitating the processes by which discoveries move from the laboratory to become effective therapies for patients to use in the safest manner possible. The Critical Path Initiative, although initiated only two years ago, is well underway. This article provides an overview of the FDA's Critical Path Initiative. 5 pages

©2007 by The Journal of BioLaw & Business. All Rights Reserved.

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The "My-Health" Revolution: Communication Challenges in the Age of Personalized Medicine
Marcia A. Kean and Mike Silver

Abstract: A shift has taken place in the scientific community in recent years, away from the one-scientist/one-pathway model to Big Science initiatives. The concept of wide-scale collaboration among different disciplines and different institutions has driven the greatest advances. Personalized medicine is the dividend from investment in the most prominent of these Big Science initiatives, the Human Genome Project. But the scope of collaboration to support personalized medicine extends well beyond the scientists, and we must create a web of interaction among all the stakeholders. In personalized medicine, there is no one organization-nor even one sector of the healthcare enterprise-that can be solely responsible for communications. This article highlights the spectrum of issues that impinge upon adoption of personalized medicine. 5 pages

©2007 by The Journal of BioLaw & Business. All Rights Reserved.

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2006 Compensation and Entrepreneurship Report in Life Sciences
Contributed by Wilmer Cutler Pickering Hale and Dorr LLP, Ernst & Young and J. Robert Scott*

Abstract: A need exists for access to reliable, comparable compensation data to assist life science leaders in the critical decisions involved in attracting, motivating and retaining key executives at private companies. This article summarizes a study of the life sciences sector and provides information on the correlation between executive compensation and multiple variables, including financing stage, company size (both in terms of product stage and headcount), founder/non-founder status, industry segment, and geography. It also includes a number of new analytics, including how an organization evolves with additional financing; Boards of Directors compensation and make-up; and, a more granular look at company equity plans. 7 pages

©2007 by The Journal of BioLaw & Business. All Rights Reserved.

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Evidence and Action
Bryan A. Liang

Abstract: No Abstract 2 pages

©2007 by The Journal of BioLaw & Business. All Rights Reserved.

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Wal-Mart "Rolls Out" $4 Generic Prescription Drugs
Alexis Guanzon

Abstract: Wal-Mart has recently introduced a $4 generic prescription drug program in 26 states throughout the country for 314 different generic prescription drugs. 2 pages

©2007 by The Journal of BioLaw & Business. All Rights Reserved.

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Coronary Drug-Eluting Stents May Cause Death and Myocardial Infarction
Aline Gaba

Abstract: Studies find a small but significant increase in the rate of death and myocardial infarction in patients eighteen months to three years after drug-eluting stent implantation. 2 pages

©2007 by The Journal of BioLaw & Business. All Rights Reserved.

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Registered Nurse Safe Staffing Act Addresses Nurse-to-Patient Ratios with Acuity-Based Approach
Amber Zupancic

Abstract: The American Nurses Association (ANA) supports the 2005 Registered Nurse Safe Staffing Act because it promotes safer staffing levels and helps to increase quality of care. Nurses argue that basing staffing on acuity levels is more appropriate compared to mandated nurse-to-patient ratios. 2 pages

©2007 by The Journal of BioLaw & Business. All Rights Reserved.

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CMS New Coverage with Evidence Policy

Troy B. Krich

Abstract: The Centers for Medicare and Medicaid Services (CMS) is proposing a new policy called "coverage with evidence development" (CED) in which beneficiaries would have access to promising new technologies in health care that would not normally be covered as long as the patients participate in clinical trials or data registries. 2 pages

©2007 by The Journal of BioLaw & Business. All Rights Reserved.

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Nanotechnology Issues and Challenges

Erizen Sei Bowles

Abstract: Nanotechnology is the ability to manipulate matter to create new and unique materials at the atomic, molecular, and macromolecular level. Nanotechnologies and nano-based products are a technological revolution. However, they present new challenges and potential risks. Lack of oversight and regulation could result in substantial harm to human life and the environment. 2 pages

©2007 by The Journal of BioLaw & Business. All Rights Reserved.

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First DPP-4 Inhibitor Class Drug for Diabetes Treatment Approved

Joya Raha

Abstract: The U.S. Food and Drug Administration approved Januvia, a new drug manufactured by Merck & Co., Inc., to treat type 2 diabetes. In the United States, Januvia is the first in a new class of prescription medications called dipeptidyl peptidase-4 (DPP-4) inhibitors that improve blood sugar control. Januvia is a once-daily pill that will help regulate blood sugar levels with fewer side effects than other diabetes medications. 2 pages

©2007 by The Journal of BioLaw & Business. All Rights Reserved.

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Intellectual Property / Risky Business: Assessing Materiality in IP Due Diligence
John M. Griem, Jr. and Jason Gonder

Abstract: Due diligence always uncovers problems with a target's assets-an assignment never filed, an infringement threat letter recently received. How can an investor with limited time and resources separate potentially material problems from problems easily fixed post-closing? This article highlights a few key factors that guide the analysis. 2 pages

©2007 by The Journal of BioLaw & Business. All Rights Reserved.

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Regulatory / FDA Updates Compliance Program for Inspecting Medical Device Manufacturers
Ed Basile and Mark Brown

Abstract: In 2006, FDA updated its compliance program for inspection of medical device firms. This article provides an overview of the program, established in the FDA Guidance for Inspection of Medical Device Manufacturers ("2006 Guidance") providing FDA personnel with guidelines for inspections and administrative/enforcement actions. 4 pages

©2007 by The Journal of BioLaw & Business. All Rights Reserved.

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Accessing US Government Contracts and Grants: Key Points for Non-US Companies
William Weisberg

Abstract: The United States (US) government has traditionally been a significant funding source for biotechnology and life sciences research. For many years, that funding, whether from the National Institutes of Health ("NIH"), the Department of Defense ("DoD"), or from other agencies, imposed few legal restrictions on companies, particularly compared to the requirements imposed on "traditional" government contractors. In the last few years, that has changed, with the changes accelerating after September 11. Today, the U.S. government is funding biotechnology and life sciences research like never before. Israeli firms, either directly, through US subsidiaries, or as subcontractors or subgrantees, are participating in these programs in increasing numbers. This article highlights emerging opportunities and key points for consideration when seeking US government funding. 3 pages

©2007 by The Journal of BioLaw & Business. All Rights Reserved.

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Clinical Trials / Benefits of Conducting Clinical Trials in Israel for Multinational Life Science Companies
Ahuva Koren

Abstract: Israel-a small country with the length of 550km, width of up to 50km and a population of about 7 million-is highly regarded for its scientific and medical research expertise and the quality of its infrastructure. This article reviews the advantages in conducting clinical trials in Israel as well as the new trends that will maintain and even increase further Israel's attractiveness to the global life sciences sector. 4 pages

©2007 by The Journal of BioLaw & Business. All Rights Reserved.

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EU BioTech / Advancing Europe's Biotech Base
Adeline Farrelly and Dirk Carrez

Abstract: The European Union's Life Sciences and Biotech Strategy, which is subject to a policy review by the EU Commission, entails a review to examine progress made to date, what needs to change and what new policies are required to advance Europe's biotech base. This article highlights some of the key issues to be addressed. 2 pages

©2007 by The Journal of BioLaw & Business. All Rights Reserved.

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Finance / Biotech Starts Out on Right Foot in 2007
G. Steven Burrill

Abstract: While 2006 was one that many of the larger biotech companies would prefer to forget the New Year has started out on a positive note for these bell-weather companies. The Burrill Biotech Select Index, which slipped almost 14% in value by the close of 2006, recovered in January finishing up 4.5% by month end outperforming the NASDAQ, which posted a January gain of 2%, and the Dow just short of that at 1.3%. Although finishing a hair short of its record high, the Dow was bolstered on the final trading day of January by the Federal Reserve holding interest rates steady and citing a pickup in economic growth but no significant shift in monetary policy for now. This article highlights the developments in the life sciences sector in early 2007. 2 pages

©2007 by The Journal of BioLaw & Business. All Rights Reserved.

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