CDER’s New MAPP on Risk-Based Site Selection Model for Routine Inspections

The Food and Drug Administration’s Center for Drug Evaluation and Research (CDER) published a new Manual of Policies and Procedures (MAPP) for the Site Selection Model (SSM) used to prioritize manufacturing sites for routine current good manufacturing practice inspections. As in the past, FDA will use a risk-based approach to inspections of both domestic and foreign drug establishments in order to promote parity in inspectional coverage (i.e., equal frequency for sites with equivalent risk regardless of geography or product type) and effective and efficient use of FDA’s resources.

We invite you to read the full text of this Duane Morris Alert on the firm website.

SUPPORT Act Expands Sunshine Act Disclosure Requirements, Covered Recipients

On October 24, 2018, President Donald Trump signed the Substance Use-Disorder Prevention that Promotes Opioid Recovery and Treatment for Patients and Communities Act (SUPPORT Act), a combination of a number of previously passed House and Senate bills related to addressing the opioid crisis. One of the provisions of this lengthy bipartisan package of bills includes an expansion of the disclosure requirements initially imposed by the Physician Payments Sunshine Act.

Read the full text of this Alert on the Duane Morris LLP website.

FDA Rolls Out Pilot of New Quality in 510(k) “Quik” Review Program

The 510(k) process provides a review procedure for marketing clearance of devices that are “substantially equivalent” to other approved devices or to a standard recognized by the Food and Drug Administration (FDA).

On September 6, 2018, the FDA launched an alternate to the Traditional 510(k) for submitting a Premarket Notification (510(k)). The FDA calls the alternative the Quality in 510(k) “Quik” Review Program Pilot. Under the program, the FDA’s goal is “to make a final decision within 60 days.”

Read the full text of this Alert on the Duane Morris LLP website.

FDA Estimates for Formal Meetings Show Continued Growth of Biosimilars in the United States

Among the key aspects in the development of a biosimilar product for the U.S. market is taking advantage of formal meetings with the U.S. Food and Drug Administration to gain insight on moving a clinical development program for a proposed biosimilar product forward. Tracking meeting requests is also one way to measure the prospects for growth and health of the U.S. biosimilars industry. By that measure, the prospects for the U.S. biosimilars industry look bullish. This year, FDA revised its estimate for meeting requests upward by six respondents to Center for Drug Evaluation and Research (CDER) meeting requests, reflecting the industry’s confidence in the growth of biosimilar market share in the United States.

FDA’s upward projection is consistent with independent estimates of potential biosimilar cost savings in the United States. In 2014, Rand Corporation estimated biosimilar cost savings over the next decade to be $44 billion. By 2017, Rand Corporation estimated biosimilar cost savings over the next decade to be $54 billion. The increase in estimated cost savings is premised on biosimilars gaining in market share of biologics prescriptions. These signs are all pointing toward increased growth of the U.S. biosimilars industry.

Read the full text of this client Alert, including lists of what to have prepared for meeting requests and the actual meetings, on the Duane Morris LLP website.

Alert: Drug and Device Developers Should Be Aware of the Expanded Access Policy Requirement under the 21st Century Cures Act.

By Vicki G. Norton and Sandra Stoneman

Introduction
With Congress’s recent passage of the 21st Century Cures Act (the “Cures Act”) by an overwhelming majority, and President Obama’s anticipated signing of the bill, we expect that the Cures Act will soon become law. The Cures Act is intended to accelerate development and FDA approval of medical innovations such as cancer treatments, precision medicine and regenerative medicine.
The Cures Act also is designed to provide easier patient access to experimental therapies on a “compassionate use” or “expanded access” basis in response to patient demand for easier access to these therapies before they are FDA-approved. Companies engaged in clinical trials will need to adopt corporate expanded access policies and make them publicly available within the deadlines set by the Cures Act (described below).
If you have any questions about how to develop, implement or manage an expanded access policy or how any other aspect of the Cures Act will impact your company, please contact Vicki Norton, Sandra Stoneman, or any other member of the Duane Morris Life Sciences practice group. Continue reading “Alert: Drug and Device Developers Should Be Aware of the Expanded Access Policy Requirement under the 21st Century Cures Act.”

“Confidential” vs. “Trade Secret” – A Non-Binary Dilemma

Virtually all life sciences companies use routine protocols which they believe will protect their intellectual property and other confidential or “trade secret” information.  Among these routine proactive protocols are having a standard confidentiality/nondisclosure agreement (sometimes referred to below as “NDA”), limiting access to confidential and trade secret information, periodic internal audits of safeguarding methods, and more.    But are “trade secrets” the same as “confidential information?”  Continue reading ““Confidential” vs. “Trade Secret” – A Non-Binary Dilemma”

COMMINGLED INTELLECTUAL PROPERTY–LIKE PEANUT BUTTER AND JELLY?

By Jennifer A. Kearns, John M. Neclerio and Vicki G. Norton

Who doesn’t like the favorite sandwich of childhood – peanut butter and jelly? The two substances blend and meld together, creating a delectable gooey, messy, sticky and sweet treat.

In the life sciences, commingled intellectual property can also create “gooey,” messy and sticky problems for companies. Unfortunately, there’s nothing sweet about commingled IP and the complications that can arise from it, and you can be sure that an experience arising from claims of commingled IP will leave a sour taste in your mouth.  Here we discuss proactive or preventative steps that companies can take to reduce the risk of commingling IP.

Continue reading “COMMINGLED INTELLECTUAL PROPERTY–LIKE PEANUT BUTTER AND JELLY?”

Clean Room Lessons from Abercrombie & Fitch

Abercrombie & Fitch. “A&F.” As a not-infrequent visitor to shopping malls, this blogger is familiar with the brand. It’s nearly impossible to avoid the A&F “brand.” Until recently, A&F stores were infused with a cloying cologne scent, puffed into the ambient air. One couldn’t walk past an A&F store without inhaling a snootful. A&F was also in the news when its CEO declared that the brand’s products were only suitable for “good-looking, cool kids” and suggesting that overweight persons did not belong in A&F clothes. Over the years, A&F has made headlines for its provocative marketing campaigns and products (e.g., a t shirt reading, “it’s all relative in West Virginia”). If the longevity of a company is judged in part by its remaining “relevant,” one has to acknowledge that A&F has managed to consistently stay in the public’s consciousness.

So, how is any of this relevant to life sciences companies, whose work forces tend to be highly educated and unconcerned with measuring up on the A&F “cool kids” meter. Well, A&F has been in the news recently, and in a big way that does have relevance for employers everywhere. I’m talking about the hijab case. Continue reading “Clean Room Lessons from Abercrombie & Fitch”

Expanding Access to Experimental Drugs

Drug and biologic developers have faced increasing pressure from patients and their advocates to make investigational drugs available for compassionate use prior to approval by the Food and Drug Administration (FDA). Over the past year social media campaigns have spotlighted patients seeking early access to potentially life-saving treatments, drawing attention to the growing debate between patient advocates promoting wider access to investigational drugs, and those urging more cautious approaches. Propelled by the plight of critically ill patients desperately seeking new treatments, several states have passed laws giving patients the “Right to Try” investigational drugs or biologics. FDA has also taken steps to make its “Expanded Access” process more user-friendly, and the Agency continues to solicit input from patient groups on risk-benefit analysis and available treatments as part of its Patient-Focused Drug Development Initiative.

Companies may want to monitor regulatory and legislative developments relating to early access to investigational treatments, and to adopt formal compassionate use policies.

Continue reading “Expanding Access to Experimental Drugs”