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Home » Authors » Mark McCarty

Articles by Mark McCarty

Judge's gavel with US flag

A royalty pain: Zimmer liable for payments despite patent expiry

July 22, 2024
By Mark McCarty
Royalties for licensed patents ordinarily need not be paid after the underlying patent has expired, but the case of Zimmer Biomet Holdings Inc. v. Insall would seem to throw out a cautionary flag regarding such agreements.
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U.S. flag on columned building

Davita to pay $34.5 million to settle allegations of violation of AKS

July 22, 2024
By Mark McCarty
Denver-based Davita Inc. agreed to pay more than $34 million to settle allegations that the company violated the Anti-Kickback Statute (AKS) by not collecting management fees from physicians to induce referrals to the company’s dialysis clinics.
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US FDA restructures device center

July 19, 2024
By Mark McCarty
The U.S. FDA’s Center for Devices and Radiological Health has rewired its organizational structure on several fronts, including a promotion of its communication function into a “super office,” which the agency said will help it be more agile and responsive to its strategic priorities.
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US Ways and Means Committee eyes tax reform for life science R&D

July 18, 2024
By Mark McCarty
The U.S. House Committee on Ways and Means held a field hearing in the State of Utah, during which committee chairman Rep. Jason Smith (R-Mo.), highlighted the need to continue to incentivize life science research in the U.S. Smith remarked that Republican members of the committee have formed “tax teams” to find ways that the tax code can be tweaked to “better incentivize research and development here in the U.S.,” another sign that the well-being of life science commerce is seen as a macroeconomic imperative in Washington.
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US Medicare’s CED process draws fire for lack of predictability

July 18, 2024
By Mark McCarty
The coverage with evidence development (CED) process employed by the U.S. Medicare program may suffer from underutilization, but the authors of a new article in Value in Health see the attendant problems as administrative in nature. The issues include, but are not limited to, a lack of predictability as to when a CED study would be required for coverage of a medical device.
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US Ways and Means Committee eyes tax reform for life science R&D

July 17, 2024
By Mark McCarty
The U.S. House Committee on Ways and Means held a field hearing in the State of Utah, during which committee chairman Rep. Jason Smith (R-Mo.), highlighted the need to continue to incentivize life science research in the U.S. Smith remarked that Republican members of the committee have formed “tax teams” to find ways that the tax code can be tweaked to “better incentivize research and development here in the U.S.,” another sign that the well-being of life science commerce is seen as a macroeconomic imperative in Washington.
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Guardant Health hit with $900K-plus kickback settlement

July 17, 2024
By Mark McCarty
Guardant Health Inc.agreed to pay more than $900,000 to settle allegations that the company’s human resources office hired a relative and a friend of a physician who persuaded the company to make the hires in a quid pro quo for orders of Guardant’s tests. The U.S. Department of Justice said the penalties could have been much greater but for the company’s cooperation in the investigation, which disclosed that at least one of these hires was not qualified for the position.
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US Federal Circuit affirms injunction of Neogenomics’ ctDNA test

July 16, 2024
By Mark McCarty
The U.S. Court of Appeals for the Federal Circuit has upheld a district court decision that Natera Inc. is entitled to an injunction of a Neogenomics Inc. assay for detection of circulating tumor DNA (ctDNA). This outcome serves as a sobering reminder that injunction can be obtained at the preliminary injunction stage by demonstrating that an effort to prove infringement is likely to succeed even in the absence of a thorough evaluation of the contested claims in that patent.
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Charging dongle failure prompts recall of Baxter Life2000 ventilator

July 16, 2024
By Mark McCarty
A dongle is not the sort of thing one typically associates with a medical device, but a charging dongle used with the Baxter Healthcare Life2000 ventilator has triggered a recall of both the dongle and the ventilator.
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US Medicare program offers pay boost for radiopharmaceuticals

July 15, 2024
By Mark McCarty
The U.S. Medicare outpatient draft for 2025 is rich with applications for pass-through payment, but the draft also would boost payment for radiopharmaceuticals, a proposal that drew the applause of industry and physicians alike. The outpatient draft for CY 2025 tackles the implications of some new technologies for the pass-through payment program, but nestled in the draft rule is a proposal to pay separately for diagnostic radiopharmaceuticals.
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