The U.S. Supreme Court has turned back a third Republican challenge to the Affordable Care Act (ACA), this time by a 7-2 vote. The latest challenge to the law popularly known as Obamacare came from Texas and other states, backed by the administration of former President Donald Trump. The justices ruled that the challengers lacked legal standing […]
Legal News
3 things medical device companies should know about the Patent Trial and Appeal Board
With nearly a decade of proceedings behind it, the Patent Trial and Appeal Board (PTAB) has established a record. Medtech companies can learn from it. Timothy P. McAnulty and Daniel F. Klodowski, Finnegan One of the key aspects of a strong patent is the owner’s ability to enforce it. And when a patent is asserted […]
FTC drops Illumina-Grail court case, clearing the way for EU investigation
A U.S. judge has ruled in favor of an FTC petition to drop its case against the proposed merger between Illumina (NSDQ:ILMN) and Grail. The Financial Times reported that the ruling — with dropped the case without prejudice — allows the EU to investigate the merger while the deal remains blocked. In April the European Commission’s […]
Senate confirms new CMS leader
The U.S. Senate today confirmed President Joe Biden’s selection to lead CMS, Chiquita Brooks-LaSure, with a 55-44 vote in favor. Brooks-LaSure will be the first Black woman to hold the position, according to Senate Majority Leader Chuck Schumer (D-N.Y.) on Twitter. She previously served in the U.S. Dept. of Health and Human Services during the […]
Elizabeth Holmes trial jurors will get hear some about her lavish lifestyle
A federal judge has ruled that prosecutors in the Elizabeth Holmes fraud trial can describe some of the former Theranos CEO’s high-flying lifestyle. Judge Edward Davila, in an order filed May 22, found some lifestyle evidence was admissible because it allowed prosecutors to make a case about Holmes’ motive, knowledge and intent. Davila, however, barred […]
MiMedx can’t recover $40M from former execs
MiMedx cannot recoup $40.2 million from two former executives convicted in a scheme to defraud the company and its investors, a federal judge has ruled. “MiMedx is not a “victim” under federal law and is therefore not entitled to recover restitution from either man, Manhattan U.S. District Court Judge Jed Rakoff wrote in a ruling […]
ITC takes up AliveCore patent complaint against Apple
The U.S. International Trade Commission (ITC) has agreed to investigate if Apple has imported devices that infringe three patents held by AliveCor. AliveCor filed the ITC complaint in April, alleging that Apple violated U.S. tariff law by importing certain Apple watches that infringe patents for its ECG technology. Mountain View, Calif.-based AliveCor wants the trade commission […]
Medicrea to pay $2M in alleged Medicare kickback scheme
French medical device manufacturer Medicrea International and its American affiliate Medicrea USA have agreed to pay $2 million to settle alleged kickbacks to physicians and other Medicare Open Payments program violations. The company agreed to pay $1 million to the U.S. and participating states to resolve civil whistleblower allegations that the company violated the Anti-Kickback […]
Insulet sues Roche over diabetes tech patent
Insulet (NSDQ:PODD) is suing Roche Diabetes Care in the U.K., claiming that Roche prematurely began selling tubeless insulin pumps covered by an Insulet patent three years before that patent expires. The trial for the lawsuit, filed in August 2020, began this week in the U.K. High Court. Get the full story on our sister site, Drug Delivery Business […]
Elizabeth Holmes wants to blame Silicon Valley startup culture for Theranos fiasco
Ex-Theranos CEO Elizabeth Holmes’ lawyers want to present evidence about Silicon Valley startup culture as part of her federal fraud trial defense, according to media reports. “Silicon Valley exaggeration occurs, there’s going to be natural discussion of startup companies and how they operate,” Judge Edward Davila said during a hearing yesterday in federal court in […]
Spine surgeon settles with DOJ for $4.4M in whistleblower case
The U.S. Department of Justice today announced a $4.4 million settlement with spine surgeon Wilson Asfora in a whistleblower case. According to a news release from the Joseph Greenwald & Laake law firm, which represented the whistleblowers, Asfora settled for the $4.4 million sum and a six-year exclusion from all federal payer programs, effectively precluding […]
