Legal & IP
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Legal Issues
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Pharma’s IRA Complaints Find Sympathetic Ear In US Appeals Court But Near-Term Relief Unlikely
At issue is a narrow jurisdictional ruling, not the constitutionality of the Medicare price negotiation program, US attorney reminds the judges.
Bolar Exemption India Files: Roche Blocks Alleged Infringer Of Evrysdi Patent
More legal action in India that has the Bolar exception provision at its crux with Roche, in this instance warding off a local drug maker in the Evrysdi patent infringement case.
JNJ, BMS’s IRA Loss Is First Time Court Rejects Industry’s First Amendment, Takings Claims
The fourth court loss for pharma in industry's attempts to kill Medicare’s drug price negotiation program adds to the list of reasons courts have rejected legal challenges to the Inflation Reduction Act.
It’s Official: FDA Drops Final Rule On LDTs
The US FDA's controversial final rule places laboratory developed tests under same regulatory purview as other in vitro diagnostics. While the agency opted to include an exemption for LDTs already on the market, it did not provide an exemption for tests developed in academic medical centers.
Generic Or Innovator? Sandoz Sues CMS Over Potential Change In Rebate Classification
Sandoz argued against paying higher rebates for two of its drugs via the Centers for Medicare and Medicaid Services’ Medicaid drug rebate program in a US court six years after the suggestion was first made.
Ivermectin Settlement Brings Relief And Worry For US FDA Communications
The FDA’s decision to end litigation challenging an agency communication that tried to tackle COVID-19 misinformation leaves an appeals court opinion in place that could haunt it later. But continuing to fight the case could have left the agency in a far worse position.
Quotable: Top Experts On Policy Hot Topics
The Pink Sheet highlights recent comments and insights from pharma officials and executives on key issues we are covering.
Xtandi Pricing and Patents: Alternatives To March-In Urged To Lower Medicare, Medicaid Costs
The timing of the request, with Xtandi’s loss of exclusivity on the horizon, could be explained by the concern that a change in the US presidential administration in 2025 may limit the prospects for near-term relief.
Model Contract To Expedite UK Clinical Trial Negotiations Between Non-Commercial Sponsors & Companies
The ownership of all study data would be granted to the non-commercial sponsor, says one of the many provisions proposed in the model investigator-initiated study agreement that the Health Research Authority has released for consultation.
Colorado Price Cap Plan For Enbrel Draws Amgen Lawsuit; Cosentyx, Stelara ‘Affordability’ Reviews Pending
However, the state's recently formed prescription drug affordability board found Gilead’s Genvoya and Vertex’s Trikafta to be affordable.
India IPR Wheels Are Turning: Novartis, Bayer, Sun, Legal Heads Discuss Realities
Leaders from Novartis, Bayer, Sun Pharma, the Indian Pharmaceutical Alliance, Médecins Sans Frontières and Anand and Anand discuss India’s evolving intellectual property rights landscape, including pre-grant oppositions, enforcement action and other realities. Concerns around evergreening, restrictions on patent-eligible subject matter and compulsory licensing were also key talking points at a recent conference in Hyderabad.
FDA’s Authority Looks Safe From Judicial Interference Following Supreme Court Abortion Pill Arguments
The agency's and the pharma industry’s worst fears – that a potential ruling in the mifepristone case might usurp the FDA’s scientific authority and throw the stability of the US drug approval process into question – seem unlikely to materialize as the majority of the Supreme Court justices signal the Alliance for Hippocratic Medicine lacks standing to sue.
Intellectual Property
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Patent Office Issues Proposed Rule For Rarely Successful Director Review Requests
The rulemaking is supposed to formalize the Patent Trial and Appeal Board process, which has been in an interim status since a Supreme Court decision, giving manufacturers more ability to request oversight of the decisions.
Califf Suggests Congress ‘Tighten Up Laws’ To Address Orange Book Abuses
US FDA Commissioner repeats longstanding FDA policy that the agency doesn’t have much power to address frivolous patent listings in the Orange Book, but seems to support Congress providing more authority.
Industry Calls On G20 To Boost Regulatory Harmonization & Tackle AMR
Robust regulatory systems with effective approval pathways and surveillance mechanisms to ensure continuity in clinical research, manufacturing and supply are needed to prepare for current and future health threats, says industry.
WHO Allots Extra Time To Get Pandemic Treaty Talks Over The Line
The body that is steering the talks on a future pandemic treaty says it wants to focus on areas where consensus has been reached in order to maximize the chances of agreement by the end of May.
'Don't Compromise The Pharma Innovation System,' Says Outgoing IFPMA Head Thomas Cueni
Thomas Cueni is stepping down after seven years at the helm of the International Federation of Pharmaceutical Manufacturers and Associations. In an interview with the Pink Sheet ahead of his retirement, he reflects on the proposed pandemic treaty, what still needs to be done to ensure equitable access to medicines, the importance of tackling AMR, moves towards regulatory reliance – and what his post-IFPMA life might look like.
India IPR Wheels Are Turning: Novartis, Bayer, Sun, Legal Heads Discuss Realities
Leaders from Novartis, Bayer, Sun Pharma, the Indian Pharmaceutical Alliance, Médecins Sans Frontières and Anand and Anand discuss India’s evolving intellectual property rights landscape, including pre-grant oppositions, enforcement action and other realities. Concerns around evergreening, restrictions on patent-eligible subject matter and compulsory licensing were also key talking points at a recent conference in Hyderabad.
Latest Changes To EU Regulatory Data Protection Mean New ‘Uncertainties & Risks’
Law firm Sidley Austin says the net overall effect of the pharmaceutical package on innovation and investment is “uncertain at best.”
Singapore To Demystify Rules On Declaring Patents In Drug Marketing Applications
Regulatory amendments aimed at addressing the confusion over whether companies need to declare patents when they apply for drug registrations are under consultation.
EU Pharma Reform Passes Major Hurdle, With Big Changes To Data Protection Proposals
Members of the European Parliament have significantly watered down plans for a cut to regulatory data protection, but industry says the net effect of the proposals will still be to make Europe “less competitive and less attractive” to investment in innovation.
EC Defends Data Protection Cut As EU ‘Pharma Package’ Nears Crucial Milestone
Proposals to overhaul the general pharmaceutical legislation will ensure that the EU “continues to have one of the most generous systems of incentives in the world,” the European Commission says.
European Parliament Clears EU-Wide Compulsory Licensing Proposal
The draft regulation, which includes a ban on exports of drugs manufactured under an EU compulsory license, will be discussed with the EU member states after the June parliamentary elections.
Payors Take Lead From FTC In Suing BI Over Its Orange Book Patent Listings For Inhalers
Class action complaint alleges Boehringer Ingelheim engaged in a ‘Respimat Orange Book scheme’ to thwart generic competition for Combivent Respimat and Spiriva Respimat that cost payors millions, if not billions, in overcharges.
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