MoFo Life Sciences

April 06, 2021 - United States, FDA, Medical Devices + Diagnostics, Regulatory
FDA Clinical Decision Support Software vs. EU’s Medical Device Regulation
In follow-up to our colleagues recent post about the newly implemented Medical Device Regulation (“MDR”) in the European Union, this post will discuss some of the similarities between FDA’s Clinical Decision Support (“CDS”) Software Draft Guidance (together the “CDS Draft Guidance”) and the MDR.
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March 31, 2021 - United States, FDA, COVID-19, Healthcare, Pharma
Vaccine Production and State Intervention in the U.S.
By: Brigid DeCoursey Bondoc
During the COVID-19 pandemic, governments across the globe have become increasingly involved in the private sector.[1] State-owned enterprises have long been common in Asia, but the pandemic has increased their prominence in Europe. In Italy and Norway, for instance, governments are taking equity stakes
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March 03, 2021 - AI + Robotics, United States, FDA, Regulatory
FDA’S PLAN FOR AI/ML-BASED SOFTWARE AS MEDICAL DEVICES: PROGRESS AND CONCERNS
By: Jean Nguyen Ph.D.
U.S. Food and Drug Administration (FDA) has acknowledged the prevalence of Artificial Intelligence/Machine Learning (AI/ML)-Based Software as Medical Devices (SaMDs) and has been taking steps towards advancing its regulatory oversight. The FDA recently published an AI/ML SaMD action plan, developed in direct response to
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March 02, 2021 - United States, European Union, Intellectual Property
Key EU Intellectual Property and Trade Secrets
By: Wolfgang Schönig and Mark L. Whitaker
Session 11 of the GSAS Harvard Biotech Club and Morrison & Foerster course on Legal Topics for Scientists, Entrepreneurs, and Start Ups was led by Life Sciences Transactions + Licensing partner Wolfgang Schoenig focusing on key EU Intellectual Property. Wolfgang discussed Intellectual Property Rights,
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February 04, 2021 - United States, Litigation, Regulatory
EHR Vendor Settles Kickback Allegations to the Tune of $18.25 Million
On January 28, 2021, the United States’ Department of Justice (DOJ) announced an $18.25 million settlement with athenahealth Inc. (“Athena”) to resolve allegations that Athena violated the False Claims Act by paying impermissible kickbacks related to its electronic health records (EHR) product. At the
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January 19, 2021 - Licensing + Commercial, United States, European Union
Top 10 Considerations When Drafting and Negotiating SRAs, with U.S. and EU Perspectives
By: Wolfgang Schönig, Matthew Karlyn and Robert Grohmann
Sponsored Research Agreements (SRA) are used by companies to contract a research organization, such as a university, to conduct research and development activities in exchange for fees and the university’s rights to use the results for general research purposes. Care should be taken to
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January 05, 2021 - United States, Litigation, Intellectual Property
Considerations for ANDA and BPCIA Litigation
By: Matthew A. Chivvis and Michael Ward Ph.D.
Matthew Chivvis , life sciences IP litigation partner in Morrison & Foerster’s San Francisco office led session 5 of our course on Legal Topics for Scientists, Entrepreneurs, and Start Ups. Matthew discussed the Hatch-Waxman and Biologics Price Competition and Innovation Act for generics and
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December 14, 2020 - United States, FDA, COVID-19, Pharma
FDA Authorizes First COVID-19 Vaccine
Late last week, the U.S. Food and Drug Administration issued the first Emergency Use Authorization (EUA) for a COVID-19 vaccine in the United States. The vaccine is manufactured by Pfizer Inc. and BioNTech SE. It consists of two doses taken three weeks apart, and
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December 13, 2020 - United States, FDA
COVID-19: FDA and Compliance Issues with Testing, Vaccines, and Therapies
By: Matthew A. Chivvis and Michael Ward Ph.D.
“ We are finally starting to see into the future, understanding the ways COVID-19 is changing the future of FDA regulatory process and advancing innovation to meet the needs of today’s patients. Thanks to all the attendees for such amazing questions and contributions!” commented
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November 20, 2020 - United States, FDA, COVID-19
FDA Authorizes First Full At-Home Test for the Detection of SARS-CoV-2
On November 17, 2020, FDA issued the long-awaited first emergency use authorization (EUA) for a COVID-19 diagnostic test for self-testing at home. The test, the Lucira COVID-19 All‑In‑One Test Kit, can be conducted completely at home by anyone age 14 or over, by collecting
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