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Welcome to Mofo Life Sciences

MoFo Life Sciences shares timely legal and business insights and in-depth analyses on trends and the complex technologies at the heart of the global pharmaceutical, biotechnology, diagnostics, medical devices, digital health, and AgTech fields.

January 17, 2023 - Bioinformatics, Litigation, United States, Data Analytics
Privacy Litigation 2022 Year in Review: Biometric Information Privacy Act (BIPA)
By: Tiffany Cheung
In 2022, Illinois’s Biometric Information Privacy Act (BIPA) litigation was bustling. Defendants in BIPA cases ranged from pharmacies, insurance companies, and social media platforms to software companies, schools, and airlines. Even with the steady stream of opinions in 2022, key questions about BIPA’s scope
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January 12, 2023 - FDA, Regulatory, United States
Congress Expands FDA Authority Over Cosmetics
By: Brigid DeCoursey Bondoc and Matt Robinson
The Modernization of Cosmetics Regulation Act of 2022 (MoCRA) was passed by the U.S. Congress as part of the omnibus Consolidated Appropriations Act enacted on December 29, 2022 and will grant the U.S. Food and Drug Administration (FDA) significant new authority to regulate cosmetics.
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January 11, 2023 - FDA, Regulatory, United States, Medical Devices + Diagnostics
FDA Clarifies the Human Factors or Usability Information to Include in a Device Marketing Submission
By: Brigid DeCoursey Bondoc
Brandy Guarda, Regulatory Analyst in Washington, D.C., contributed to the drafting of this post. If you are a device manufacturer, what human factors and usability information should you include in your marketing submission? What if your device has the same user interface as an existing
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December 20, 2022 - European Union, Healthcare, Intellectual Property, Medical Devices + Diagnostics
EU MDR and IVDR Implementation: Signs of Relaxing Transitioning Regime and Bridging Measures
By: Wolfgang Schönig and Robert Grohmann
Concerns over possible medical device shortages in the EU have led to two recent developments that will affect the implementation of the Medical Device Regulation [1] ( MDR ) and In Vitro Diagnostic Medical Device Regulation [2] ( IVDR ) : The EU Employment,
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December 16, 2022 - AI, FDA, Regulatory
AI Trends for 2023 - FDA Regulatory
In September 2022, the U.S. Food & Drug Administration (FDA) released its Clinical Decision Support (CDS) Software Guidance and the final report on the Software Pre-Certification Pilot Program. The new FDA policies move away from prized flexibilities in the previous guidelines governing software products.
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December 14, 2022 - Intellectual Property, Pharma, Regulatory, European Union
Relabeling vs. Repackaging: CJEU Backs Drug Manufacturers’ Position Against Parallel Importers
By: Robert Grohmann
In two recent landmark decisions, Novartis v. Abacus (C ‑ 147/20) and Bayer v. kohlpharma (C-204/20), the Court of Justice of the European Union ( CJEU ) strengthened the position of drug manufacturers against repackaging practices of parallel importers. The court held that, based
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December 12, 2022 - Agtech, FDA, Regulatory, United States
FDA Final Food Traceability Rule: Overview and Key Takeaways from FDA’s Food Safety Modernization Act Webinar
Food Traceability Final Rule Overview On November 21, 2022, the U.S. Food and Drug Administration (FDA) officially published its Final Rule: Requirements for Additional Traceability Records for Certain Foods (“Final Rule”) in the Federal Register. The Final Rule establishes additional traceability recordkeeping requirements for
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December 09, 2022 - Agtech, Financing, Startup
Financing Options in the Alternative Protein Industry
By: Simon Arlington and Michelle Si-Ting Luo
This article is Part B of the fifth alert in our series of alerts focussed on the alternative protein industry. While Part A provided an overview of financing options in the industry, this Part B considers a variety of key financing options in more
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December 05, 2022 - Agtech, Regulatory, United States, Intellectual Property
USDA’s PVP System Embraces Transgenic and Gene Edited Plants
By: Liz Freeman Rosenzweig Ph.D., Christopher D Lew, Abby C. Burrus Ph.D. and Michael Ward Ph.D.
This is an excerpt from a longer piece. For more information on the history and landscape of PVPs on transgenic plants, read more. Plant Variety Protection (PVP) is a form of intellectual property protection administered through the United States Department of Agriculture (USDA) for
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December 02, 2022 - Healthcare, FDA, Regulatory, Litigation, United States
The USPTO and the FDA Join Hands to Promote Competition
By: Mehran Arjomand and Jean Nguyen Ph.D.
On November 15, 2022, the Berkeley Center for Law and Technology hosted a webinar to address the recent, unprecedented collaboration between the U.S. Patent and Trademark Office (USPTO) and the Food and Drug Administration (FDA). The webinar, entitled “The USPTO‑FDA Collaboration: A Discussion of
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Welcome to Mofo Life Sciences

Privacy Litigation 2022 Year in Review: Biometric Information Privacy Act (BIPA)

By: Tiffany Cheung

Congress Expands FDA Authority Over Cosmetics

By: Brigid DeCoursey Bondoc and Matt Robinson

FDA Clarifies the Human Factors or Usability Information to Include in a Device Marketing Submission

By: Brigid DeCoursey Bondoc

EU MDR and IVDR Implementation: Signs of Relaxing Transitioning Regime and Bridging Measures

By: Wolfgang Schönig and Robert Grohmann

AI Trends for 2023 - FDA Regulatory

Relabeling vs. Repackaging: CJEU Backs Drug Manufacturers’ Position Against Parallel Importers

By: Robert Grohmann

FDA Final Food Traceability Rule: Overview and Key Takeaways from FDA’s Food Safety Modernization Act Webinar

Financing Options in the Alternative Protein Industry

By: Simon Arlington and Michelle Si-Ting Luo

USDA’s PVP System Embraces Transgenic and Gene Edited Plants

By: Liz Freeman Rosenzweig Ph.D., Christopher D Lew, Abby C. Burrus Ph.D. and Michael Ward Ph.D.

The USPTO and the FDA Join Hands to Promote Competition

By: Mehran Arjomand and Jean Nguyen Ph.D.