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In June 2016, AmSurg Corp. and Envision Healthcare Holdings, Inc. (Envision) announced they have signed a definitive merger agreement pursuant to which the companies will combine in an all-stock transaction. Upon completion of the merger, which is expected to be tax-free to the shareholders of both organizations, the combined company will be named Envision Healthcare Corporation and co-headquartered in Nashville, Tennessee and Greenwood Village, Colorado. The company's common stock is expected to trade on the New York Stock Exchange under the ticker symbol: EVHC. Bass, Berry & Sims served as lead counsel on the transaction, led by Jim Jenkins. Read more.

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Inside the FCA blogInside the FCA blog features ongoing updates related to the False Claims Act (FCA), including insight on the latest legal decisions, regulatory developments and FCA settlements. The blog provides timely updates for corporate boards, directors, compliance managers, general counsel and other parties interested in the organizational impact and legal developments stemming from issues potentially giving rise to FCA liability.

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Terry Clark Provides Insight on Impact of Federal Circuit's Ruling on Drugmakers' Use of Third-Party Manufacturing Vendors


Media Mentions

July 13, 2016

Bass, Berry & Sims attorney Terry Clark provided comments for an article in Law360 outlining the Federal Circuit's en banc decision in Medicines Co. as to under what circumstances would use of a third-party vendor trigger an invalidating on-sale bar in patent cases. The decision provides, among other things, that contracting with a third-party vendor to manufacture a product covered by process patent claims does not per se constitute an "on-sale" bar. As Terry points out in the article, the "court reached 'a very practical decision' reflecting a trend in the pharmaceutical industry (and elsewhere) to outsource drug manufacturing to third parties. 'They seem to have realized that it would probably be unfair to penalize those companies that don't have the ability to manufacture in-house.'" In light of this decision, drugmakers should carefully review and formalize their agreements with third-party vendors.

The full article, "Fed. Circ. Ruling Blunts On-Sale Bar's Threat To Patents," was published by Law360 on July 11, 2016, and is available online.

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