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  • Digg It - The Real Big Picture Around Options Backdating

    If you take some time to think about the big picture story around options backdating, here are some patterns that e
    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
    merge. Each is valid, and has some merit, but it gives you some reason why the general public is still not interest
    ; or drug, device, and biological product and fixed dose combination would include two or more combinations of drug.

    Examples of combination products may in
    d in the story and outraged by it, but the media and some institutional investors are.

    1. CEO and Executive pay: R
    lude drug-coated devices, drugs packaged with delivery devices in medical kits, and drugs and devices packaged separately but intended to be used together.

    alistically speaking this is a weak argument at best. CEO pay has always been big and its getting bigger because lo
    here is enormous increase in the number of combination products entering the market in the recent years. Combination products have proven advantages but fixe
    of these executives have big risk jobs and are responsible for millions or billions of $ and thousands of employee
    d dose combinations are still in the process of convincing regulatory authority on their advantages over the single ingredient formulations.

    Combination pro
    . Add to this the legal ramifications of doing a bad job, their job is not easy. Fortune's Rick Kirkland wrote a pi
    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
    ce on CEO pay and its an interesting read, but still does not offer any solutions.

    2. Full Disclosure of pay for e
    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
    ecutives: SEC chairman Christopher Cox has stated full disclosure guidelines will be issued soon, and the "perks" t
    nation products and maximize the revenues. But the companies involved in this practice are overlooking that they are burdening the patients both economically
    at executives get do add up, but still this argument is also not very strong. There will always be the CEO parachut
    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
    deals, and tax perks etc. Again we fail to see this being the big change force.

    3. Better internal controls: Most
    ts. Some of the combination products were well accepted by physicians while others suffered. Companies involved in development of combination products are fi
    companies before SOX did not have the best internal checks and balances processes for ensuring these "issues" were
    ding difficulty in defining their combination products and facing various challenges from selecting a combination to marketing it.

    Following aspects would a
    tracked, reported and managed. Accounting, Finance and Legal were mostly "side roles" to Sales, Marketing, Manufact
    dd to the challenges in developing combination products:

    Which markets to tap where the combination products can do fairly well?
    Which combination prod
    ring and Engineering. Lack of internal controls is an issue for most companies that they need to fix. Its in our op
    cts are meaningful and rational?
    Which therapeutic categories to select?
    Which Combinations can address unmet needs of the patients?
    Do combin
    non this is a good but not the big "a-ha" compelling argument.

    4. Poorly stated guidelines around gray areas: That
    tions increase the patient compliance?
    What would be the developing cost?
    How to tackle the risks encountered during combination product developmen
    s why they are called gray areas in the first place. Most auditors and legal firms use "judgement" around these are
    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
    s such as grant and enforcement dates for options. The SEC's has stated they will have better guidelines around sum
    ping new procedures for reviewing their safety, efficacy and quality.

    Professional from academic institutions, pharmaceutical industries, health care indust
    er '06. This is also not a compelling argument for backdating not getting a bigger attention and outrage from the p
    y and representatives from various regulatory agencies are working out to design the regulatory requirements for manufacture and sale of combination products
    blic.

    5. World cup Soccer: (grin) - We made this up. Newsweek had a piece about why this time the world cup soccer
    .

    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
    has more attention of Americans. This is by far the most compelling argument why the general public does not care m
    elopment. They need to be wiser in analyzing the market trends and the regulatory requirements.

    Companies that provide selfless information through particip
    ch about the options backdating story.

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