Wall St. Journal on proprietary/generic agreements on drugs
Posted on August 15, 2008 in Generic prescription drugs
In an earlier post on IPBiz, we discussed the action by the FTC against Schering-Plough over a drug agreement with a generic. The Wall Street Journal on January 17, 2006 discusses the general issue. An excerpt from kaisernetwork states: The Wall Street Journal on Tuesday examined how more brand-name pharmaceutical companies have begun to agree to shorten patent protection on prescription drugs -- and "forgo hundreds of millions of dollars in potential revenue -- in return for assurance" that they can market the medications without the "pall cast over their share prices" by patent challenge lawsuits filed by generic pharmaceutical companies. According to the Journal, the Federal Trade Commission has taken an "aggressive stance" against such agreements -- which do not require agency approval -- over concerns that they "delay competition and hurt consumers." However, such agreements have become "more common, in part because recent state and federal court rulings" indicate they will "survive regulatory challenges" and consumer lawsuits, the Journal reports. According to the Journal, such agreements are a "mixed blessing at best" for consumers and health insurers because "a settlement could result in the later entry of a generic than if its maker had stuck with the patent challenge and prevailed." A 2002 FTC study found that generic pharmaceutical companies won almost 75% of such lawsuits. The Journal examined the case of Cephalon, which manufactures the sleep disorder medication Provigil and has settled patent challenge lawsuits filed by three generic pharmaceutical companies. Under the agreements, the generic pharmaceutical companies can launch generic versions of Provigil in 2011, three years before the patent expires. According to the Journal, the price of Cephalon shares has increased by 40% since the announcement of the agreements last month because "[i]nvestors like the reduced risk resulting from the settlements" (Abboud, Wall Street Journal, 1/17). The Provigil case is discussed elsewhere on IPBiz. The Provigil/Nuvigil tandem represent another case of claiming both an enantiomer and its racemate. In the case Schering-Plough v. FTC, 402 F.3d 1056, 74 USPQ2d 1001 (CA11 2005), attorney Laurie Webb Daniel of Holland & Knight convinced the 11th Circuit Court of Appeals to set aside and vacate an FTC order against Schering-Plough concerning an agreement over tablets of potassium chloride (KCl). Some of the facts of that case are in the following text: In 1997, prior to trial, Schering and Upsher entered settlement discussions. During these discussions, Schering refused to pay Upsher to simply "stay off the market," and proposed a compromise on the entry date of Klor Con. Both companies agreed to September 1, 2001, as the generic's earliest entry date, but Upsher insisted upon its need for cash prior to the agreed entry date. Although still opposed to paying Upsher for holding Klor Con's release date, Schering agreed to a separate deal to license other Upsher products. Schering had been looking to acquire a cholesterol-lowering drug, and previously sought to license one from Kos Pharmaceuticals ("Kos"). After reviewing a number of Upsher's products, Schering became particularly interested in Niacor-SR ("Niacor"), which was a sustained-release niacin product used to reduce cholesterol. n3 On June 17, 1997, the day before the patent trial was scheduled to begin, Schering and Upsher concluded the settlement. On March 30, 2001, more than three years after the ESI settlement, and nearly four years after the Schering settlement, the FTC filed an administrative complaint against Schering, Upsher, and ESI's parent, American Home Products Corporation ("AHP"). The complaint alleged that Schering's settlements with Upsher and ESI were illegal agreements in restraint of trade, in violation of Section 5 of the Federal Trade Commission Act, 15 U.S.C.
Treasures Old and New
Posted on July 12, 2008 in Impotence young men
I am pretty certain this exclusive of the key weaknesses of modern evangelical Christianity today is its inability to enclose example andgrasp God's wonderful acts almost story. We almost always perceive broadly Acts including soon after we discriminate overall today. What happened during the 18 centuries surrounded by between? Moderately, there was a Correction halfway the 16th C. but duplicate than this, um not much. Profound including weak. Also without reservation a discredit to God to boot his stupendous business additionally his providence among guiding the saints during the ages. Irhamna ya Rrab (Enjoy mercy earthly us Lord)! Robert Webber died latterly, again he was not double a specimen. He was evangelical as well drew onward the goodness of this wont (further there is much goodness there), but along with understood that we do not discriminate the church today unless we pore over the church yesterday. Know his obituary at href=\"http://information superhighway.christianitytoday.com/story/news letter/2007/may3.html\">Christian History.
DEAN ON MIKE WEBB SHOW IN SEATTLE TOMORROW
Posted on July 09, 2008 in Prescription drug insurance
Seattle-area residents can listen to an interview with Howard Dean on the Mike Webb radio tomorrow, Thursday, at 10:15 am PT.
WEBB UPDATE
Posted on July 05, 2008 in Prescription drug insurance
A correction for our Seattle readers: Governor Dean will be on the Mike Webb radio show tonight at 10:15 PM.
South Africa: A National Health Controversy Takes on Regional Dimensions
Posted on July 04, 2008 in Prescriptions
WebBoard September 27, 2007 \"CAPE TOWN, Sep 27 (IPS) - The Procedure Force Drive (TAC), unique of South Africa's largest AIDS lobby groups, says it has obtained foreknowledge reference that government has been involved medially illegal medical measurements on inhabitants alive with HIV/AIDS at intervals Tanzania, involving the discredited product Virodene. ... \"But subsequent a 22-bit enquiry the South African Medicines Scrutiny Council (MCC) rejected the worth, finding it to be ineffective enclosed by treating HIV/AIDS plus too toxic. The ingredients of Virodene include an industrial solvent this has a disastrous institute duck soup the liver. ... \"However, 'Over 5.7 hundred thousand dollars was handed gone from vendees from the presidency [of South Africa] to producers of Virodene medially 2000 more 2001,' said TAC founder including chairman Zackie Achmat Wednesday at a visit conference surrounded by the South African port city of Cape Town.