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Bio International Convention 2008 World Stem Cell Summit
Volume 10, Number 1 (2007)
ABSTRACTS
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GUEST EDITORIAL

Sustaining Innovation and Growth in the Global Arena
Mike Ruettgers

FEATURE ARTICLES

An Assessment of the Effect of Authorized Generics on Consumer Prices
Aidan Hollis and Bryan A. Liang

Waiver of Attorney-Client Privileges: Points to Consider
Jaime Guttman
Nanotechnology: An Update on Business Opportunities and Regulatory Challenges
Barry M. Hartman and B. David Naidu


The Supreme Court: Increasing Costs in the Biotechnology Industry
Ann Mills and Patti Tereskerz


Conducting International Clinical Trials in Israel: Benefits, Opportunities and the Unique Role of Pharmacists
Ayelet Levanon


RECENT DEVELOPMENTS

Costs and Concerns
Bryan A. Liang


Civil Lawsuits Filed Against Pharmaceutical Companies
Erizen Sei Bowles


Fireflies Illuminate Cancer Research
C.M. Tryon


Study Finds Health Care Spending in the U.S. is Generally Worth the Cost
Aline Gaba


Health Care Enters the Electronic Age: The Emergence of Health Information Technologies
Troy Krich


Medicare to Cut Physician Reimbursements
Octavio Cardona-Loya


The World Trade Organization Makes a Final Ruling on Genetically Modified Organisms
Danielle Gleason


Hwang Woo Suk's Research Shown to be Fabricated
Danielle Gleason


BIOCOLUMNS

BioCase Study/ Supreme Court Rules that a Licensee Need Not Breach Their License in Order to Challenge the Underlying Patent Medimmune, Inc. v. Genentech, Inc., 549 U.S. ___ No. 05-608 (January 9, 2007)
Diana M. Steel and Alfred L. Browne, III


Regulatory/ Institute of Medicine (IOM) Report on Drug Safety
Chilton Varner, Mark Brown and Ted Hester


BioFuture/ 20/20 Vision of the Healthcare Market in the Year 2020
Hillel Bachrach, Martin D. Mann and Maayan Wenderow


BioStategy/ The Value of Decision Tree Analysis for Life Sciences Companies at the Intersection of Business and Litigation
Edward J. Dailey


Generics/ Generic Biologic Approved in U.S. and Europe: Regulatory Update
Dale L. Rieger


EU BioTech/ Building a Bio-Based Economy in the European Union (EU)
Adeline Farrelly, Camille Burel and Dirk Carrez


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Feature

Sustaining Innovation and Growth in the Global Arena
Mike Ruettgers

Abstract: At the top of every ambitious organization's agenda today-no matter its industry-is growth. In business there appears to be no Rosetta Stone for understanding what it takes to sustain success. This article highlights factors that contribute to sustaining growth in the global arena. 3 pages

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

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Feature

An Assessment of the Effect of Authorized Generics on Consumer Prices
Aidan Hollis and Bryan A. Liang

Abstract: Authorized generics have become a major policy issue in the US. An IMS Consultant report using wholesale data concluded that authorized generics markets have lower prices and thus is favorable to consumers. In the present study, we review the IMS Consultant report and find that its methodology is flawed. Using its identical drugs, we find that retail prices in markets with authorized generics are virtually identical than those without them, and, in fact, brand name prices in markets with authorized generics rise faster. Based on these findings, we conclude that the consumer benefits associated with authorized generics are limited. 9 pages

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

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Feature

Waiver of Attorney-Client Privileges: Points to Consider
Jaime Guttman

Abstract: Since the Enron debacle, both the government and the private sector have grappled with the issue of internal investigations and the very likely request of waiver of the privileges. However, such waivers come with a host of concerns that both the government and the target company must consider before "fully cooperating." This article discusses some of the implications, doctrines, and constitutional issues that should be contemplated before acceding to waive the privileges. 6 pages

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Nanotechnology: An Update on Business Opportunities and Regulatory Challenges
Barry M. Hartman and B. David Naidu

 

Abstract: Nanotechnology -the deliberate engineering of particles that are too small for the eye to see in order to create matter that has different properties than those at the conventional scale- has come of age. There are reportedly over 300 consumer products world-wide that contain some nanomaterials.1 According to some experts, the global sales of nanoscale materials could exceed $1 trillion by the year 2015.2 Not surprisingly, over the last year, significant debate has begun, and action is being undertaken-to decide how this technology should be regulated. Businesses already involved in nanotechnology products and those interested in getting involved, need to be aware of regulatory developments and should be willing to educate regulators to ensure that new and changing rules do not undermine the promise of this technology. Inevitably, concerns over the potential impacts of this new and largely unseen technology on human health and the environment have arisen. As with other scientific advances, this one may not fit neatly into current regulatory regimes designed to address these concerns. This Alert gives a snapshot of how agencies and the public are responding to this-and how nanotechnology is and may be regulated 4 pages

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

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The Supreme Court: Increasing Costs in the Biotechnology Industry
Ann Mills and Patti Tereskerz

Abstract: The recent Supreme Court decision in Ebay Inc v. MercEchange, L.L.C. held that injunctive relief is not automatic on finding infringement of a valid patent but rather rests with the discretion of the courts in applying a four pronged equitable test. The ruling alarms the patent dependent biotechnology industry because historically the pattern has been to grant injunctions automatically once infringement on a valid patent has been established. Thus, the Biotechnology Industry Organization (BIO) argued in its amicus brief to the Supreme Court that such a holding would introduce uncertainty into patent law and frighten investors by weakening the tools which are used to protect patents. BIO concluded that the result would be less investment and hence less innovation in the industry which would be detrimental to society, and we concur for another reason. This article discusses why, by highlighting the uncertainty of patent law, the Supreme Court's ruling may increase costs in the biotechnology industry, which in turn could hamper successful innovation and commercialization of biotechnological advances for society's use. 2 pages

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

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Conducting International Clinical Trials in Israel: Benefits, Opportunities and the Unique Role of Pharmacists
Ayelet Levanon

Abstract: Israel is increasing recognized for its important clinical trials sector and its contribution to healthcare research. Approximately 800 international clinical trials take place in Israel each year, with the numbers steadily increasing. Such trends bring many advantages, including exposure to new research and products. In addition, exposure to world-class trial protocols in accordance with accepted international standards contribute to educating a new generation of physicians, and pharmacists, which has contributed to advancing independent clinical trials in Israel. This process has led to the creation of a strong workforce in Israel and as well as enhanced economic development and work for new immigrants. The Israeli medical teams involved in clinical studies are well informed regarding new technologies being developed worldwide; and, as a result, the quality of treatment provided to the public continues to improve along with Israel's contribution to the literature in the field. This article highlights the important clinical trials infrastructure that exists in Israel today as well as the role of trained pharmacists involved in the execution and monitoring of clinical trials research. 2 pages

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Costs and Concerns
Bryan A. Liang

Abstract: No Abstract 1 page

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

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Civil Lawsuits Filed Against Pharmaceutical Companies
Erizen Sei Bowles

Abstract: Numerous civil lawsuits alleging overpricing of pharmaceuticals have been filed against pharmaceutical companies in recent years. However, the pharmaceutical industry maintains the high cost of R&D justify its pricing practices. 2 pages

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

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Fireflies Illuminate Cancer Research
C.M. Tryon

Abstract: The chemiluminescent properties in fireflies enable researchers to observe the effects of a compound in real-time, making it possible to amass the same amount of data as traditional research models, but using only one-tenth the amount of test subjects and in as little as five as opposed to 180 days. 2 pages

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

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Study Finds Health Care Spending in the U.S. is Generally Worth the Cost
Aline Gaba

Abstract: Study finds the rising costs of health care in the U.S. over recent decades have generally provided good value to patients. 2 pages

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

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Health Care Enters the Electronic Age: The Emergence of Health Information Technologies

Troy Krich

Abstract: The emergence of Health Information Technologies (HIT) will revolutionize the health care industry by introducing an electronic system that can instantly transfer medical information among health care professionals. 2 pages

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

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Medicare to Cut Physician Reimbursements

Octavio Cardona-Loya

Abstract: Medicare reimbursements for physician services will be cut by 5.1 percent for 2007 and continue to be reduced through January 2012. 2 pages

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

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The World Trade Organization Makes a Final Ruling on Genetically Modified Organisms

Danielle Gleason

Abstract: The World Trade Organization (WTO) ruled the European Union (EU) violated trade rules by halting the importation of Genetically Modified Organisms (GMOs). 2 pages

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

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Hwang Woo Suk's Research Shown to be Fabricated

Danielle Gleason

Abstract: Hwang Woo Suk's groundbreaking research was exposed as fraudulent, threatening advances made in the field of stem cell research. 2 pages

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

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BioCase Study/ Supreme Court Rules that a Licensee Need Not Breach Their License in Order to Challenge the Underlying Patent Medimmune, Inc. v. Genentech, Inc., 549 U.S. ___ No. 05-608 (January 9, 2007)
Diana M. Steel and Alfred L. Browne, III

Abstract: The recent Supreme Court decision of Medimmune, Inc. v. Genentech, Inc. addressed the definition of a "case or controversy" under the declaratory judgment standard for patent infringement, and has broad implications for patent owners and the field of patent licensing. The Court ruled that a patent licensee does not need to terminate or be in breach of its license agreement before it can seek a declaratory judgment that the underlying patent is invalid, unenforceable, or not infringed. The case has potentially wide implications for patent owners, since patent licensees may now be more willing to challenge the validity or enforceability of the patents they license and it will likely prompt licensors to choose their licensees and license terms more carefully. This article discusses the implications of Medimmune with regard to declaratory judgment jurisdiction, the rights of licensees, and how licensors can protect their interests. 3 pages

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

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Regulatory/ Institute of Medicine (IOM) Report on Drug Safety
Chilton Varner, Mark Brown and Ted Hester

Abstract: In its long-awaited study of drug safety regulation, the Institute of Medicine (IOM) released recommendations that Congress amend the Federal Food, Drug & Cosmetic Act in several significant respects. This article highlights the report findings. 2 pages

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

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BioFuture/ 20/20 Vision of the Healthcare Market in the Year 2020
Hillel Bachrach, Martin D. Mann and Maayan Wenderow

Abstract: Over the next two decades innovations in Diagnostic Imaging will drive change in the healthcare industry towards 'Personalized Medicine.' This change will result in a multi beneficial situation for patients and practitioners alike. 20/20 HealthCare Partners (20/20HCP) has assembled a group of experts with a comprehensive range of backgrounds who have developed a strategy for developing and commercializing technologies that accelerate the implementation of a wide range of Personalized Medicine approaches. 3 pages

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BioStategy/ The Value of Decision Tree Analysis for Life Sciences Companies at the Intersection of Business and Litigation
Edward J. Dailey

Abstract: Decision tree analysis is a staple of strategic business planning but has not been applied to dispute resolution. Using a hybrid example from our law practice, this article outlines decision tree analysis in business planning and demonstrates its application to a dispute in litigation. This suggests that the same analytical approach which is routinely applied to strategic business planning can and should inform litigation decisions. 2 pages

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Generics/ Generic Biologic Approved in U.S. and Europe: Regulatory Update
Dale L. Rieger

Abstract: Recent events have opened the door for generic competition for therapeutic biologics in the U.S. and Europe. In May, 2006, the U.S. Food and Drug Administration (FDA) approved Sandoz' Omnitrope, a follow-on product to Pfizer's Genotropin (recombinant human growth hormone, rhGH). Though technically not a generic product, and thus not substitutable in the pharmacy for Genotropin, the approval is significant in that it has put FDA under legal and public pressure to delineate a pathway for true generic products. This action follows the European Medicines Agency's (EMEA) Committee on Medicinal Products for Human Use (CHMP) January, 2006 positive opinion on Omnitrope. Omnitrope was approved in Australia in September 2004 for treatment of growth disorders in children. The U.S. and European decisions followed years of scientific and legal wrangling over the basis for approval of such products, and likely will open the door for additional follow-on or generic biologics in the U.S. and Europe in the near future. This article highlights the key issues associated with generic biologic approval in the US and Europe. 3 pages

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

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EU BioTech/ Building a Bio-Based Economy in the European Union (EU)
Adeline Farrelly, Camille Burel and Dirk Carrez

Abstract: Industrial or white biotechnology has the potential to form the basis of a future EU knowledge-based bioeconomy and make European society both more sustainable and more competitive. But, without active political encouragement and incentives, the full benefits will not be achieved, and other trading partners will reap the rewards. Over the last two years the industry has worked out a set of practical steps to realise the vision of a Knowledge-Based Bio-Economy (KBBE), where biotechnology's new, clean, energy-efficient processes and innovative bio-based products create a sustainable industrial base to ensure Europe's future prosperity. Among the main policy elements set out by EuropaBio, industry asks: o To establish a coherent European Policy Agenda for Industrial Biotechnology and the KBBE, o To stimulate and support innovation in plant science and industrial biotechnology, o To promote production and use of bio-based products and processes, o To create awareness amongst all stakeholders, and o To improve investment in KBBE-related SMEs. 3 pages

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

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