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MX: Issue Update

May 2006

The Changing Patent Landscape

Sick
MHM's Sick: U.S. patent
reform looming.

The patent reform legislation introduced in Congress last year was the result of building concerns in the United States over patent quality, the high cost of patent litigation, and the perceived need for patent harmonization with the rest of the world. Those watching the issue are generally in agreement: patent reform is coming—it's just a question of when and in what form.

Although the legislation is in a state of flux, certain features persist throughout the various versions introduced since last summer. In this month's lead article, Jonathan R. Sick, a shareholder at the law firm of McAndrews, Held & Malloy (MHM; Chicago), presents a high-level introduction to these features, with a particular focus on how they are likely to affect the medical technology industry. [ More ]

Society Releases Guidelines for CRM Devices

Curtis
HRS's Curtis: Seeking
stakeholder input.
Late last month, a 15-member task force of the Heart Rhythm Society (HRS; Washington, DC) released its draft recommendations on surveillance, analysis, and performance reporting for cardiac rhythm management (CRM) devices, including pacemakers and implantable cardioverter defibrillators. The guidelines call for greater transparency in the postmarket surveillance, analysis, and reporting of device information, as well as the establishment of new systems that can identify malfunctioning devices more quickly.

HRS is soliciting input from physicians, patients, regulatoryagencies, and the general public on the CRM device guidelines through May 30. The final recommendations are expected in October. Referring to the guidelines as "an important step toward strengthening patient and physician knowledge, confidence, and trust," HRS president Anne B. Curtis, MD, said, "We believe these suggested changes will ensure that patients continue to have access to these lifesaving treatments." [ More ]

MDUFMA Receives Mixed Reviews from Manufacturers

Although medtech manufacturers generally support the purpose and objectives of the Medical Device User Fee and Modernization Act of 2002 (MDUFMA), a large majority takes issue with the way the program has been implemented and its impact to date—particularly with regard to the predictability and timeliness of device approvals. That is one of the core findings of a study commissioned by FDA and administered by The Lewin Group (Falls Church, VA), a national healthcare consulting firm. According to the report, many manufacturers say MDUFMA has not produced a good return on their investment. Many respondents view user fees as a "double tax" and are concerned that Congress is not funding the program adequately. [ More ]

Uneven Performance Marks First-Quarter Medtech Reports

A review of recently released financial data for the first three months of 2006 points to significant performance variability among leading public medtech manufacturers. Among the top 20 firms, the strongest performances were turned in by companies in the medical imaging and healthcare information systems sector. Imaging giants Siemens Medical Solutions (Malvern, PA), Philips Medical Systems (Andover, MA), and GE Healthcare (Chalfont St. Giles, UK) all posted double-digit revenue gains over the prior-year period. By contrast, three companies—Guidant (Indianapolis), now a division of Boston Scientific Corp. (Natick, MA); Kodak Health Group (Rochester, NY); and Beckman Coulter Inc. (Fullerton, CA)—all reported revenue declines. Revenues for Boston Scientific and Baxter International Inc. (Deerfield, IL) were essentially flat.

Orthopedic firms Stryker Corp. (Kalamazoo, MI), Zimmer Holdings Inc. (Warsaw, IN), and Smith & Nephew plc (London) all continued to report revenue gains. The top performer for the period was St. Jude Medical Inc. (St. Paul, MN), which saw its year-to-year quarterly revenues increase by 18%. [ More ]

Kodak Considers Sale of Health Unit

Perez
Kodak's Perez: Investigating multiple options.
Following another round of disappointing company results in its first quarter, Eastman Kodak Co. (Rochester, NY) announced that it is exploring strategic alternatives for its $2.7 billion healthcare division, Kodak Health Group. First-quarter sales for the unit, which manufactures products including digital radiology equipment, medical printers, and x-ray film, were $585 million, down 7% from the year-ago period. Its operating profit declined from $78 million to $46 million.

In a conference call with analysts, Kodak chairman and CEO Antonio M. Perez acknowledged that the sale of the health unit was an option, but he also cited the possibility that the company might pursue a partnership. "Our stated corporate goal is to be among the top three in each of the businesses in which we compete," Perez said. "While the Health Group is enjoying strong organic growth in elements of its digital portfolio, such as digital capture solutions and healthcare information solutions, we have been observing for some time consolidation in this industry. Given our valuable assets and the changing market landscape, we feel that now is the time to investigate strategic alternatives." [ More ]

Q1: Medical Device Funding Up, Biotech Funding Down

Heesen
NVCA's Heesen: Sustained growth questionable.

Although venture investment across industries remained relatively steady in the first quarter of 2006, investments in the overall life sciences sector—including biotechnology and medical devices—declined 13% to $1.5 billion, according to the PricewaterhouseCoopers–National Venture Capital Association (NVCA) MoneyTree Report. However, quarterly funding for medical device companies alone rose about 8%, an increase that partly offset a 24% decline in biotechnology funding.

"We are experiencing the regular ebb and flow of venture investing, and we are truly at our healthiest and most sound investment point since the mid 1990s," said Mark Heesen, president of the NVCA. "That said, we will need to see improvements in the initial public offering markets and better evidence of early-stage investing momentum in future quarters if we expect to sustain this reasonable pace."   [ More ]

Sterilizer Manufacturing Executives Convicted of Fraud

Glavin
FDA's Glavin: In pursuit of dangerous manufacturers.

Last month, following a nine-week trial in a Chicago federal court, two executives of a now-defunct medtech manufacturing company were convicted of fraudulently selling unapproved and unsafe surgical sterilizing devices. The faulty equipment caused 18 patients to lose vision in one eye, according to FDA.

At the time of their initial indictment in February 2003, Ross Caputo was president and CEO and Robert Riley was vice president of regulatory affairs for AbTox Inc. (Mundelein, IL). Both were found guilty of three counts of wire fraud, four counts of mail fraud, conspiracy to defraud FDA, and seven counts of selling an adulterated or misbranded human medical device. "These convictions are evidence of FDA's resolve to ensure the safety and efficacy of human medical devices," said Margaret Glavin, FDA's associate commissioner for regulatory affairs. "Our criminal investigators aggressively pursue those that endanger the public health by manufacturing and selling unsafe products." [ More ]

Siemens to Broaden Its Diagnostic Reach

Reinhardt Siemens' Reinhardt: A groundbreaking combination.
In late April, Siemens AG (Erlangen, Germany) agreed to the $1.86 billion purchase of Diagnostic Products Corp. (DPC; Los Angeles), thereby launching its medical unit, Siemens Medical Solutions (Malvern, PA), into the in vitro diagnostics market. The purchase will significantly broaden the Siemens product portfolio through the addition of DPC's diagnostic tests, which aid in the detection and management of diseases including adrenal and pituitary dysfunction, allergies, anemia, bone metabolism disturbances, cancer, cardiovascular disease, diabetes, and reproductive and thyroid disorders.

"The potential is huge to drive groundbreaking innovations by combining DPC's in vitro diagnostics leadership with Siemens' leading position in medical imaging and healthcare information technology solutions," said Erich R. Reinhardt, president and CEO of Siemens Medical Solutions. "Together, both companies will be empowered to continue to revolutionize the prevention, diagnosis, treatment, and management of disease." [ More ]

Getting a Grip on Gainsharing

Prodger

MSI's Prodger: Gauging practitioner perceptions.
To prepare for the possible proliferation of gainsharing among healthcare providers, medtech manufacturers must first understand the principles of the practice. These arrangements, in which hospitals standardize their use of various devices in order to negotiate lower prices with manufacturers, could dramatically change how medtech companies do business in the future. In the May/June issue of MX, Mark Prodger, vice president for the medical devices and technology division of Market Strategies Inc. (Livonia, MI), shares the findings of a study in which researchers conducted in-depth interviews with cardiovascular physicians and senior hospital administrators, some of whom currently participate in gainsharing arrangements. [ More ]

 

MX: Issues Update is a monthly e-supplement prepared by the editors of MX: Business Strategies for Medical Technology Executives and sent to you as a benefit of your online registration with Canon Communications. To become a regular subscriber to this monthly medtech business update, click here.

The editors welcome your suggestions for future content in MX: Issues Update. Please feel free to contact us with your comments and ideas. - Steve Halasey, Editor in Chief, MX

MX: Issues Update is a monthly e-supplement prepared by the editors of MX: Business Strategies for Medical Technology Executives and sent to you as a benefit of your online registration with Canon Communications. To become a regular subscriber to this monthly medtech business update, click here.
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