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LEAD STORIES
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Prolific 2007 M&A Activity Yields to a More Uncertain Climate in 2008

Cohen |
In general, 2007 mergers and acquisitions (M&A) activity in the diagnostics and medical device industries reflected complementary moves in which acquirers sought businesses that dovetail with their core product lines and infrastructure, as opposed to acquisitions driven by the need for diversification. Many acquirers looked to purchase platforms, technologies, and medtech organizations that address markets expected to grow significantly in the future. Particularly hot medical technology sectors include diagnostics, orthopedics, spinal and cardiovascular products, and home-care devices, among others.
Despite the recent credit crunch, there were several notable diagnostics and medical device private equity transactions in 2007, some of which were announced in the prior year. Going forward, large deals of this nature will be harder to finance. In this article, Richard S. Cohen, a principal at the Walden Group Inc. (Tarrytown, NY), takes a look at these and other top 2007 medtech deals, as well as the M&A outlook for 2008. [More]
United States and China Sign Pact on Device and Drug Safety

Gross |
On December 11, 2007, the U.S. Department of Health and Human Services (HHS) and China’s drug and device watchdog, the State Food and Drug Administration (SFDA), signed an agreement related to the safety of drugs and medical devices being exported from China to the United States. The pact was a result of recent product recalls that have heightened U.S. concern about the safety of Chinese imports. In developing the agreement, high-level HHS and FDA officials conducted four rounds of discussions with Chinese officials between May and November 2007.
The pact can be broadly divided into two major activities: special oversight for a specified trial group of medtech products, and enhancement of overall cooperation between HHS-FDA and SFDA. In this article, Ames Gross and John Minot discuss the provisions of the agreement and what they mean in practice for the medtech industry. Gross is president and founder of Pacific Bridge Medical (Bethesda, MD), and John Minot is an associate at the company. [More]
Medtech IPOs Maintain Pace in 2007
Perhaps 2007 wasn’t quite a banner year for initial public offerings (IPOs) by medical technology companies. But after the dreadful start that the public markets have had in 2008, companies on the hunt for public funding may soon be looking at last year as ‘the good old days.’
According to Renaissance Capital (Greenwich, CT), 13 medical device firms made the transition from privately held to publicly traded companies during 2007, compared to 11 in 2006. The 2007 deals generated $1.27 billion, an increase of 52% over the $832 million IPO yield of the prior year. Valuation of the 2007 medtech IPOs ranged from $21 million to $288 million, with a group average of $97.7 million. At press time, eight of the medtech IPOs had a stock price higher than on their date of issue, while five stocks posted losses. [More]
House Subcommittee Weighs Adequacy of FDA Oversight

Ubl |
On January 29, the House Committee on Energy and Commerce’s subcommittee on oversight and investigations held a hearing in relation to its ongoing investigation into the adequacy of the efforts of FDA to protect the American public from excessive risks from prescription drugs, medical devices, and other matters. During the hearing, the subcommittee considered the findings of a recent report from FDA’s science board, FDA Science and Mission at Risk. The report concluded that FDA cannot fulfill its mission because its scientific base has eroded, its scientific workforce does not have sufficient capacity and capability, and its information technology infrastructure is inadequate. The report attributed the deficiencies to soaring demands on FDA and the fact that the agency’s resources have not increased in proportion to those demands.
“The Food and Drug Administration has long been considered the world’s standard bearer for safety, but critical steps must be taken to ensure that continues in this period of limited resources and additional responsibilities,” said Stephen J. Ubl, president and CEO of industry association AdvaMed (Washington, DC). [More]
Europe to Benefit from U.S. Consumer Demand for Home-Use Diagnostic Testing
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Burnell
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The market for home-use diagnostics is set to take off as a result of the continuing trend toward consumer-driven healthcare. This new growth is expected to rival the size of the existing $7 billion global market in home-use diagnostics, which is currently dominated by pregnancy tests and glucose monitors. In this article, author Simon Burnell describes the conclusions of a two-part report by Cambridge Consultants (Cambridge, MA, and Cambridge, UK) indicating that Europe may be the first to benefit from the consumer diagnostics revolution—even though key drivers for the explosion of the market will come predominantly from the United States.
In European countries with state-run healthcare systems, the growth of the home-use diagnostics industry will be driven by its potential to reduce pressure on health services. On the other hand, experts in the United States say the driver for growth in their market will come from a combination of two factors: the nation’s healthcare reimbursement practices and an increasingly informed and health-savvy population, particularly among the Internet generation. [ More]
IP Watch: Affymetrix and Illumina Strike a Deal
Affymetrix Inc. (Santa Clara, CA) and Illumina Inc. (San Diego) have entered into a settlement agreement to resolve patent litigation between the two companies. Under the terms of the settlement, Illumina agreed—without admitting liability—to make a one-time payment to Affymetrix of $90 million. Payment of the settlement amount will be made once the litigations have been formally dismissed by the courts.
As part of the agreement, Affymetrix agreed to dismiss all lawsuits it had brought against Illumina. In return, Illumina agreed to dismiss its counterclaims in the relevant lawsuits. In exchange for the payment, Affymetrix granted Illumina, its affiliates, and its customers a perpetual covenant not to sue for making, using, or selling any of Illumina’s current products, evolutions of those products, and related services. In addition, Affymetrix extended the covenant not to sue for four years for making, using, or selling Illumina products or services that are based on future technology developments.
Read more about this settlement and other industry patent news in this month’s edition of “IP Watch.” [More]
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JANUARY 2008 CONTENTS |
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Prolific 2007 M&A Activity Yields to a More Uncertain Climate in 2008
United States and China Sign Pact on Device and Drug Safety
Medtech IPOs Maintain Pace in 2007
House Subcommittee Weighs Adequacy of FDA Oversight
Europe to Benefit from U.S. Consumer Demand for Home-Use Diagnostic Testing
IP Watch: Affymetrix and Illumina Strike a Deal
INDUSTRY IN BRIEF
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INDUSTRY IN BRIEF
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ArthroCare Corp. (Austin, TX) has acquired DiscoCare Inc. (Margate, Fla.), a third-party billing and reimbursement service provider, for $25 million in cash, plus potential future milestone payments. Prior to the acquisition, DiscoCare provided reimbursement support to ArthroCare’s spine business on a contract basis.
The Centers for Medicare and Medicaid Services (CMS; Baltimore) reported that healthcare spending growth in the United States accelerated slightly in 2006, increasing 6.7% compared to 6.5% in 2005, which was the slowest rate of growth since 1999.
Xtent Inc. (Menlo Park, CA), a developer of customizable drug-eluting stent systems, has submitted its application for CE mark approval of its Custom NX drug-eluting stent system. Following CE mark approval, Xtent plans to begin European sales of the system in the second half of 2008 through partnerships with leading regional distributors. The company is also continuing its work with FDA to fulfill the necessary requirements to gain approval to start a pivotal trial of the Custom NX system.
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CALENDAR
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January 28–31: Medical Design & Manufacturing (MD&M) West Conference and Exposition, Anaheim, CA.
January 29–30: Private Equity Analyst Outlook, New York City.
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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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