The U.S. False Claims Act (FCA) provides one of the more potent legal weapons in the federal government’s enforcement arsenal and three companies felt the sting of the FCA in the closing weeks of December 2022. Advanced Bionics LLC fell under the sway of the FCA related to allegations that it misused a performance standard in its premarket filing for cochlear implants, while Biotelemetry Inc. and its Cardionet LLC subsidiary will fork over more than $44 million for improper claims filed with the Medicare program.
Advanced Bionics LLC heard good news from the U.S. FDA, which granted approval for the company’s Marvel cochlear implant (CI) platform and the first-ever sound processor designed specifically for children. The development brings the Marvel platform, initially created for hearing aids produced by Advanced Bionics' sister company, Phonak AG, to the sound processor for CIs for the first time.
The U.S. Patent Trial and Appeal Board (PTAB) determined it would not take an inter partes review petitioned by Advanced Bionics Inc., in a patent dispute with Med-El Elektromedizinische. The precedential PTAB decision notes that it had invoked a two-step process for declining to take the petition as seen in a patent dispute involving Becton Dickinson and Co., and affirming that this will be the standard for addressing prior art in such appeals going forward.
