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BioWorld - Sunday, December 14, 2025
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Predictability continues to be in short supply for False Claims Act cases

July 25, 2019
By Mark McCarty
The U.S. False Claims Act has been the subject of a substantial body of jurisprudence and policymaking, but the legal terrain has not necessarily grown any more predictable for makers of drugs and medical devices. A new update on FCA prosecutions by the law firm of Gibson Dunn highlights the fluidity of considerations such as the materiality of an allegation of a false claim despite a Supreme Court decision in 2016 (Universal Health Services, Inc. v. United States ex rel. Escobar) that was expected to provide a more stable interpretation of the law, just one example of a legal landscape that still creates substantial uncertainty for companies in the life sciences.
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Biogen profits buoyed by MS franchise, but sales of Spinraza for SMA miss mark

July 24, 2019
By Michael Fitzhugh
Growing sales of its multiple sclerosis (MS) therapies and lower R&D expenses led Biogen Inc. to beat both top- and bottom-line expectations during the second quarter, despite lower-than-expected sales of its spinal muscular atrophy (SMA) drug, Spinraza (nusinersen).
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Be it from the House or Senate, biopharma won't like what's coming

July 24, 2019
By Mari Serebrov
Amid all the bills aimed at shining light into the black box of U.S. drug pricing and ending anticompetitive games, the House is planning on rolling out legislation in September that would directly impact the price of what could be hundreds of drugs by requiring Health and Human Services (HHS) to negotiate some prices.
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The fix isn't in yet, as prices, politics and pay-fors prolong passage of Rx remedy

July 19, 2019
By Mari Serebrov
The best way to score political points is to actually do something about U.S. prescription drug prices. That's the message members of the New Democrat Coalition Health Care Task Force delivered Wednesday to their party leadership in the House, as they requested another vote next week on a package of bipartisan drug pricing bills – this time minus the partisan provisions that Democrats knew would never fly in a Republican-controlled Senate.
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Unintended consequences of BPCIA dog insulin prices

July 17, 2019
By Mari Serebrov
Perhaps the hardest hit by the unintended consequences of well-intentioned legislation, U.S. insulin products continue to be the congressional poster child of all that's wrong with drug prices in America.
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Suboxone marketing ploy leads to $1.4B settlement, and more to come

July 16, 2019
By Mari Serebrov
In the largest U.S. opioid-related settlement yet, Reckitt Benckiser Group plc agreed to pay a total of $1.4 billion to end federal civil and criminal investigations into its role in delaying generic competition to Suboxone, an opioid-addiction treatment drug.
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Congress pushes ahead with Rx pricing bills as administration efforts founder

July 12, 2019
By Mari Serebrov
Faced with a tradeoff between low Medicare premiums that benefit all beneficiaries and lower out-of-pocket costs that benefit the sickest beneficiaries, the Trump administration chose lower premiums, sinking a proposed rule that would have pulled drug rebates from the safe antikickback harbor.
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Fed Circuit leaves biopharma IPR concerns unanswered

July 11, 2019
By Mari Serebrov
The U.S. Court of Appeals for the Federal Circuit this week sidestepped some of the concerns raised by the biopharma industry, choosing instead to simply vacate and remand two Patent Trial and Appeal Board's (PTAB) decisions that invalidated patent claims involving the securing of communications over the Internet.
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Torching of HHS ad rule could stoke the ire over U.S. drug prices

July 10, 2019
By Mari Serebrov
The striking of a Health and Human Services (HHS) rule requiring TV ads for prescription drugs to include list prices may turn up the temperature on the political roasting of biopharma companies – and stoke the pressure for Congress to do something about those prices.
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Ambiguity a fact of life at the FDA, so is agency deference

July 5, 2019
By Mari Serebrov
With regulatory science always lagging innovation, ambiguity has long been a certainty at the FDA and is likely to become even more so as the pace of new technologies quickens.
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