In this inaugural episode of the Knobbe IP+ podcast, Knobbe Martens partner Greg Phillips speaks with Joe Wheatley, Senior Counsel, Amazon Counterfeit Crimes Unit, about how the Counterfeit Crimes Unit…
(December 27, 2023) Natera Inc. succeeded in obtaining a preliminary injunction against NeoGenomics Laboratories, Inc.’s medical assay test. Natera’s ongoing federal lawsuit alleges that NeoGenomics’ product “RaDaR,” a tumor informed molecular residual disease (“MRD”) assay, infringes two of Natera’s patents, U.S. Patent No. 11,519,035, entitled “Methods for Simultaneous Amplification of Target Loci,” and U.S. Patent No. 11,530,454, entitled “Detecting Mutations and Ploidy in Chromosomal Segments.”
Boston Scientific Corporation (“Boston Scientific”) announced on January 8 that it has entered into a definitive agreement to acquire Axonics, Inc. (“Axonics”) for an equity value of approximately $3.7 billion. The timing of the announcement coincided with the start of the 42nd Annual J.P. Morgan Healthcare Conference in San Francisco, which also saw the announcement of major acquisitions by large players in the pharmaceutical space.
CardioMech AS (“CardioMech”) announced that the company successfully raised $13 Million in capital in addition to the $18.5 Million Series A financing in 2020 bringing total funding to $42 Million.
Social media and influencer marketing is now critical for business promotion. However, organizations and influencers that misrepresent, fail to disclose, or include inadequate disclosures regarding their sponsorship or connection to social media content risk attention from the FTC and civil penalties of up to $50,120 per violation. Following revision of its Endorsement Guides in June, the FTC has continued to focus on influencer marketing, including recently in the area of health and safety.
Mosie Baby, a Texas-based fertility care company, has received clearance from the U.S. Food and Drug Administration for its over-the-counter intravaginal insemination kit. The kit was developed for those who are unable to conceive with intercourse or for whom intercourse is not an option. It is estimated that one in six people globally is affected by infertility. The kit comes with two syringes and two collection cups for semen collection. The syringe includes a barrel-free tip and slit opening for semen transfer. The kit can be used with either fresh or cryogenically frozen semen and the instructions for use indicate it can be used during the ovulatory phase of the menstrual cycle.
On December 8, 2023, the U.S. Food and Drug Administration (FDA) approved two new gene therapies for the treatment of sickle cell disease. The first, Casgevy™ (exagamglogene autotemcel (exa-cel)), is the first-ever approved cell-based gene editing therapy to be used in humans, and was developed in joint partnership between Vertex Pharmaceuticals and CRISPR Therapeutics. Casgevy™ is indicated for the treatment of sickle cell disease in patients 12 years and older with recurrent vaso occlusive crises (VOCs). The second, Lyfgenia™ (lovotibeglogene autotemcel (lovo-cel)), is developed by bluebird bio, and is indicated for the treatment of patients 12 years or older with sickle cell disease and a history of vaso-occlusive events (VOEs).
ABK Biomedical successfully secured Breakthrough Device Designation from the FDA on December 5, 2023, for its Eye90 microspheres device, which is indicated for the treatment of unresectable Hepatocellular Carcinoma (HCC). The FDA’s Breakthrough Device Program is designed to speed up the development, assessment, review for premarket approval, 510(k) clearance, and de novo marketing authorization of medical devices “that provide for more effective treatment or diagnosis of life-threatening or irreversibly debilitating diseases or conditions.” This program replaces the FDA’s Expedited Access Pathway and Priority Review for medical devices. Clearance of the Eye90 device was supported by ABK Biomedical’s recently initiated Route90 trial, an FDA Investigational Device Exemption-supported multicenter trial. The trial evaluated tumor response rates and the duration of response in patients living with unresectable HCC from treatment with Eye90 microspheres.
The Federal Trade Commission (FTC) issued a policy statement on September 14, 2023, stating that “[b]rand drug manufacturers may be harming generic competition through the improper listing of patents in the Food and Drug Administration’s (“FDA”) Approved Drug Products with Therapeutic Equivalence Evaluations, known as the ‘Orange Book.’” The FTC’s stated goal was to notify market participants of the FTC’s intent to scrutinize improper Orange Book listings to determine whether they constitute unfair methods of competition in violation of Section 5 of the Federal Trade Commission Act. On November 7, 2023, the FTC followed through on its warning by sending notice letters to more than 10 companies challenging the Orange Book listing of more than 100 patents covering products including specific asthma and other inhaler devices, Restasis multidose bottles, and epinephrine autoinjectors.
On October 5, 2023, the World Intellectual Property Organization published Cast21’s PCT application related to its alternative cast device – a 3D-printed exoskeleton created from a medical-grade resin. Cast21’s device seeks to address limitations in one of orthopedic care’s fundamental treatment methods: the cast. A soggy cast can lead to infections, reduced support, skin infections, and more. But as discussed in Cast21’s white paper, Cast321’s FDA-approved product touts a waterproof and breathable design, allowing patients to shower, swim, or wash their limbs.
