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  • Actual - New Federal E-Discovery Rules

    New federal rules regarding e-discovery have recently gone into effect on December 1, 2006. “E-discovery” is a legal buzzword
    According to USFDA, a combination product is one composed of any combination of a drug and device; biological product and device; drug and biological product
    covering all kinds of electronic data contained in backup tapes, hard drives, e-mails, Word files, spreadsheets, Blackberry dat
    ; or drug, device, and biological product and fixed dose combination would include two or more combinations of drug.

    Examples of combination products may in
    a, and much more.

    The proposed Federal Rules of Civil Procedure, in particular Rules 16 and 26(f), require that both the parti
    lude drug-coated devices, drugs packaged with delivery devices in medical kits, and drugs and devices packaged separately but intended to be used together.

    es and their counsel become intimately familiar with the data storage and retention procedures in place at a corporate entity <
    here is enormous increase in the number of combination products entering the market in the recent years. Combination products have proven advantages but fixe
    > before the first initial scheduling conference, or else risk being subjected to costly discovery expenses or even outri
    d dose combinations are still in the process of convincing regulatory authority on their advantages over the single ingredient formulations.

    Combination pro
    ght sanctions.

    Furthermore, parties to litigation in Federal Court will now be responsible for producing a large amount of ele
    ucts have become life saving products for the pharmaceutical companies who doesn’t have many innovative molecules in their product pipeline and have been inc
    ctronic data for the other side. As you can imagine meeting this new discovery requirement will require both legal and technic
    easingly used in the product life cycle management. Even the companies having product patents are trying to extend their product life cycle through the combi
    al expertise, given the numerous forms that electronic data takes.

    The best way to prepare yourself for these changes is to co
    nation products and maximize the revenues. But the companies involved in this practice are overlooking that they are burdening the patients both economically
    sult with your litigation counsel and with your information technology professionals preferably sooner than later. Establish a
    and physically. They need to rightly judge the benefits of the combination products and they have to even look at the risks involved when combining the produ
    plan for handling e-discovery before the new federal rules go into effect, or you may risk violating them.

    Some basic steps i
    ts. Some of the combination products were well accepted by physicians while others suffered. Companies involved in development of combination products are fi
    n planning for e-discovery should include developing litigation hold policies, as well as procedures for producing e-discovery
    ding difficulty in defining their combination products and facing various challenges from selecting a combination to marketing it.

    Following aspects would a
    with your counsel.

    Also, your counsel must meet with your information technology officer or consultants before the first sched
    dd to the challenges in developing combination products:

    Which markets to tap where the combination products can do fairly well?
    Which combination prod
    ling conference in a federal case. Your attorney will be asked to agree to a timeline for, and the scope of, e-discovery in th
    cts are meaningful and rational?
    Which therapeutic categories to select?
    Which Combinations can address unmet needs of the patients?
    Do combin
    at conference. Woe to you if your counsel does not know what technological architecture and resources you have in place! Such
    tions increase the patient compliance?
    What would be the developing cost?
    How to tackle the risks encountered during combination product developmen
    a misstep could lead to excessive e-discovery costs, to monetary sanctions, or to allowing a jury to consider a damaging advers
    t?

    As combination products don't fit into the traditional categories of drugs, medical devices, or biological products, the USFDA is in the process of devel
    e inference.

    While not everyone is an IT expert, everyone can understand that preparation is the key to success in litigation.
    ping new procedures for reviewing their safety, efficacy and quality.

    Professional from academic institutions, pharmaceutical industries, health care indust
    E-discovery will soon become a standard in federal practice, and the states will probably follow. By devoting some preparatio
    y and representatives from various regulatory agencies are working out to design the regulatory requirements for manufacture and sale of combination products
    n time and by providing guidance, your workplace can make a smooth transition into this new era of litigation.

    This commentary
    .

    As there is an increasing trend of the combination products companies manufacturing such products should be able to tackle the problems involved in the de
    is not intended as legal advice. For advice on a specific case, you should contact the attorney directly. Pursuant to Rule
    elopment. They need to be wiser in analyzing the market trends and the regulatory requirements.

    Companies that provide selfless information through particip
    3:07 of the Supreme Judicial Court Rules of the Commonwealth of Massachusetts, this communication may be considered advertising


    tion in industry events and feedback to regulatory authorities would be able to face the challenges and will be successful in developing combination products

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