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Reed Kathrein said that the companies have taken advantage of their ability to control the release of information about progress of their medications at the FDA.
2004 Inside the Biotech Industry

Excerpt from American Political Network

American Health Line

Volume 10 No. 9

Copyright (c) 2004 by American Political Network, Inc.

January 27, 2004

INSIDE THE INDUSTRY BIOTECH INDUSTRY: AMERICAN HEALTH LINE FEATURES RECENT NEWS

USA Today and the San Francisco Chronicle this week published reports on recent news in the biotechnology industry. Summaries of the reports appear below. - USA Today: Venture capital firms invested $3.4 billion in biotech start-up companies in 2003 -- a 6.4% increase from 2002 -- as their overall investments decreased by about 20%, research company VentureOne reported last week, USA Today reports. Biotech companies received about 20% of VC firm investments in 2003, compared with 15% in 2002. In addition, biotech and health care start-up companies received half of the 10 largest VC firm investments in 2003, John Gabbert, headof research at VentureOne, said. According to USA Today, the recent "surge]" in VC firm investments in biotech companies has resulted in part because of efforts by FDA Commissioner Mark McClellan to reduce approval times for new prescription drugs, which he has said could save companies an average of $12 million per medication (Hopkins, USA Today, 1/26). - San Francisco Chronicle: Biotech companies faced 17% of shareholder lawsuits filed in the United States in 2003, although the industry accounts for only 2% of the estimated 17,000 companies publicly traded in the nation, according to the 2003 Securities Litigation Study conducted by PricewaterhouseCoopers, the Chronicle reports. The allegations in the lawsuits range from"concealing pivotal FDA] communications to misforecasting the performance of core company products," the Chronicle reports. According to Carl Feldbaum, president of the Biotechnology Industry Organization, the "surge of litigation" is part of the business strategy of "well-heeled class-action law firms looking for new targets," the Chronicle reports. Feldbaum also attributed the focus on biotech companies in part to the "front-page spotlight on the legal woes" of ImClone Systems, the Chronicle reports. He called ImClone "atypical of the industry" and "a rogue case." Reed Kathrein, an attorney in San Francisco who represents shareholders in lawsuits filed against biotech companies, said that the companies have taken advantage of their ability to control the release of information about progress of their medications at the FDA. He said, "Sometimes there's a fine line between optimism and fraud" (Tansey, San Francisco Chronicle, 1/26).

 

 

Class action filed against AT&T for allegedly acting as NSA's agent in domestic spying. See the Amended Complaint.

Sony Agrees To Stop Putting Unwanted DRM Software on music CD's. We are pleased to report that in working with the Electronic Frontier Foundation ("EFF"), Sony/BMG has agreed to settle a class action over the placement of digital rights management software on it's music CD's by stopping the practice, repalcing the CD's and compensating those who purchased the CD's. The EFF has a help page and resources concerning the settlement. Claim Forms are due by December 31, 2006. If you would like to submit a Claim Form online, please click here. If you have played a CD on your computer that contains either XCP or MediaMax 5.0 content protection software, you shouldupdate or uninstall the software to reduce your risk of security vulnerabilities.

Los Angeles court rules AT&T arbitration clause is not a part of the contract with consumers. The trial on whether the coverage maps of AT&T Wireless (now Cingular) are deceptive has been delayed as defendants now are seeking to compel arbitration after 7 years of litigation.

Bait and Switch Complaint filed against Dell  To view the complaint filed in federal court seeking nationwide class action status for bait and switch tactics click here.

Illegal Advertising of Internet Gambling Suit filed against Search Engines  To view the complaint filed in state court seeking to stop sponsored ads of internet gambling to be displayed by Google, Yahoo and other search engines click here.

Proposals to Revise ND Cal Local Rules. Changes being discussed for handling securities fraud class actions. Click here to view.

Today's Securities Surprises

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