Preview Newsletter

Acclarent Trial Media Monitoring 7/14/16

Life Sciences Cases To Watch In The 2nd Half Of 2016
Jul 13, 2016 | Law360
By Jeff Overley

The Acclarent trial was mentioned in a roundup of important cases to watch in 2016. The relevant portions have been pasted below.

Life Sciences Cases To Watch In The 2nd Half Of 2016

Jul 13, 2016 | Law360

By Jeff Overley

he second half of 2016 will produce industry-shaping court decisions regarding off-label marketing of medical devices, sales of biosimilars, drug exclusivity and anti-smoking regulations. Here are key cases to watch.
Ex-Execs on Trial for Alleged Device Fraud
In another off-label marketing case, former executives at medical device maker Acclarent Inc. — now a unit of Johnson & Johnson — are on trial in Massachusetts federal court for alleged criminal fraud involving a sinus infection product. As with EV3, they're accused of seeking a narrow approval while secretly intending the product for a wide population of patients.
Former CEO William Facteau and sales chief Patrick Fabian have raised First Amendment defenses, hoping to piggyback on the string of recent cases that have shielded off-label promotion from government discipline. If they beat the charges, it would cast fresh doubt on the DOJ's ability to police unapproved uses of medical products.
Closing arguments are expected Thursday and Friday, after which the jury will get the case.
The case is U.S. v. Facteau et al., case number 1:15-cr-10076, in the U.S. District Court for the District of Massachusetts.

Return to headline | Return to top

Suggested