Congratulations to our client BiO2 Medical, Inc.!!!  

In a paper published in the last week, two officials from the US Food and Drug Administration (FDA) say that the agency’s early feasibility study (EFS) program helped optimize the development of a new type of catheter designed to prevent pulmonary embolisms.

The program is part of an effort by FDA to promote more EFSs being done in the US, as device makers often conduct such studies elsewhere before conducting later studies in the US. Around the same time as the paper was published, the FDA also updated its website to provide clarification about the program, including information on what devices are appropriate and instructions for how to submit an application to the program.

BiO2 Medical’s Angel Catheter

According to two FDA officials, Dr. Andrew Farb and Dr. Jose Pablo Morales, both medical officers at the Division of Cardiovascular Devices within the Center for Devices and Radiological Health (CDRH), by participating in FDA’s EFS pilot, Bio2 Medical was able to bypass conducting a traditional feasibility study and shave months off its pivotal study for its Angel Catheter.

The Angel Catheter—one of nine devices chosen to participate in the pilot—combines the functionality of an inferior vena cava (IVC) filter and a multi-lumen central venous catheter to prevent pulmonary embolisms while providing access to the central venous system in patients that are contraindicated to standard anticoagulation treatment.

“This device example shows that the US EFS pathway can be beneficial for medical device manufacturers and provides US patients with the opportunity for treatment using novel devices,” Drs. Farb and Morales write, echoing statements made by CDRH Director Jeff Shuren in June.

While participation in the pilot lead to some early delays—FDA required the company to conduct additional imaging in the EFS, which led to a 10-month delay between a go-ahead for the study and enrollment—Farb and Morales say the additional imaging provided greater safety information that ultimately allowed for a more efficient pivotal trial.

In a press release in June announcing the results of the pivotal trial, Bio2 Medical CEO Christopher Banas said the company’s participation in the EFS pilot contributed to the “study being completed nine months ahead of schedule due to its fast enrollment.”

For more information on BiO2 Medical or the Angel Cather:

Mr. Rosenbaum has developed an extensive intellectual property law practice representing a wide spectrum of clientele from start-ups to Fortune 500 corporations in intellectual rights procurement, product development, handling transactions and strategic litigation. David counsels clients in complex intellectual property matters and supervises due diligence and positioning reviews for licensing, mergers and acquisition and strategic product development, all with the result of building and enhancing value of clients’ intellectual property estates. Mr. Rosenbaum specializes in diagnostic and therapeutic medical devices, biotechnology, pharmaceuticals, organic and inorganic chemistry, material science, biochemistry and semiconductor materials and fabrication processes. He manages both large and small intellectual property estates, devices IP portfolio growth and positioning strategies, conducts IP due diligence and counsels regarding patent landscapes, technology white-space identification, freedom to operate and noninfringement. He assists in a wide variety of contract negotiations and drafting, including technology transfer, cooperative R&D agreements, grant contracts, research agreements, clinical trial agreements, license and cross-license agreements and M&A agreements.

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790 Estate Drive, Suite 200
Deerfield, Illinois 60015
Tel. 847-770-6000
Fax. 847-770-6006

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1434 Spruce Street, Suite 100
Boulder, Colorado 80302
Tel. 970-599-0008
Fax. 720-726-8001



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