Legal & IP
Are you sure you'd like to remove this alert? You will no longer receive email updates about this topic.
Legal Issues
Are you sure you'd like to remove this alert? You will no longer receive email updates about this topic.
![](/-/media/editorial/pink-sheet/2024/07/ps2407_paperpiles_1546563917_1200.jpg?rev=ee6b72738e7844e48562c086b820c181&w=350&hash=1E1E4EEB239F51170D456B21034A2584)
EU Pharma Reform, SPCs, Compulsory Licensing Among Parliament’s ‘Unfinished Business’
A number of legislative proposals will be coming under scrutiny at the newly constituted European Parliament in the coming months, including the pharma reform package and draft legislation on EU-level compulsory licensing and “unitary” supplementary protection certificates.
![](/-/media/editorial/pink-sheet/2024/07/shutterstock_118441249.jpg?rev=634e6b9c18a944bf99934ce53249f2a7&w=350&hash=E8CF6979355B517B9A3F78694FB2C3A1)
Vertex Opens New Front In Patient Assistance Conflict Between Pharma, HHS Inspector General
Vertex’s fertility preservation assistance program would provide up to $70,000 in financial support for in vitro fertilization and other services to patients prescribed Casgevy.
![](/-/media/editorial/pink-sheet/2024/07/ps2407_produce_503625928_1200.jpg?rev=4a8c2fcfd5c743948a2d46c108a3ba62&w=350&hash=A5265567F9BFC03A755BB42A71AE3A23)
Chevron’s Fall Strengthens Industry’s Hand In Disagreements With US FDA, But May Spur Delays
Firms can be more forceful in disputes with FDA now that Supreme Court has eliminated Chevron deference. Questions around whether an evidentiary standard has been met may be ripe for challenge, legal experts said, but they also caution that sponsors will face more uncertainty.
![](/-/media/editorial/pink-sheet/2024/07/shutterstock_2356835469.jpg?rev=7781620db44a4f958c589197a1ac9727&w=350&hash=476BCA70DD6241234BC76F9553556525)
Pharma's 340B Legal Disputes Over Contract Pharmacies May Get A Boost With Chevron Ruling
But the overall impact of the Supreme Court decision may not seem as “immediate” in 340B compared to other federal programs.
![](/-/media/editorial/pink-sheet/2024/07/ps2407_uncertainty_2317968457_1200.jpg?rev=b0af4f3ea0924994a65dc500e857b5af&w=350&hash=3B8D1EAB7349591BC49972313AA9BFF2)
Life After Chevron: User Fee Cycle May Help US FDA In Era Of Uncertainty
US federal agencies are entering a new era of uncertainty and increased litigation over their regulatory interpretations, but the FDA may benefit from the unique circumstances that have evolved through user fee legislation.
![](/-/media/editorial/generics/2022/07/gb2207_skinny_label_in_jeans_1902764755_1200.jpg?rev=fd352450fe4c4bdba07815292fd477cb&w=350&hash=1A47D4D3D7DC7C12C8D7E785F8ECBD39)
‘Totality, Not Piecemeal’: US Federal Circuit Revives Hikma Vascepa Skinny-Label Suit
Reading Hikma’s press releases and other public documents made it “at least plausible” that a physician would look to prescribe Hikma’s generic Vascepa product for any of its indications, including the highly-valued, patent-protected cardiovascular indication, the US Federal Circuit decided, reopening a lawsuit against the generics firm.
![](/-/media/editorial/generics/2024/07/gb2407_gavel_eu_flag_497068513_1200.jpg?rev=1dbab5a2f81d492295a924cbe5a4347b&w=350&hash=A1622740F4E914E24F60B0B8A7301D05)
EU Court Rejects Appeals Over Perindopril Settlements
In long-running litigation over perindopril ‘pay for delay’ settlements, appeals have been refused and certain earlier findings by Europe’s general court have been set aside in a fresh ruling by the Court of Justice of the EU.
![](/-/media/editorial/pink-sheet/2024/06/ps2406_floodgates_1837978813_1200.jpg?rev=daa795afbb8a4019b9b7b4bf369ecbbb&w=350&hash=D260C35FC758F2CCC7981C2558CA3020)
Deference No More: More Suits Against US FDA Coming After High Court Tosses Chevron Doctrine?
The Supreme Court’s 6-3 ruling is expected to have a minimal impact on drug approvals and other scientific determinations, but matters steeped in the interpretation of regulation and statute, such as marketing exclusivity, could face a heightened risk of challenge, legal experts say.
![](/-/media/editorial/pink-sheet/2024/06/ps2406_square_one_107466659_1200.jpg?rev=5b373b72ace44e46a9e87c6326dfaea8&w=350&hash=D0010A9CA926C64F0BA1B71AC97D2618)
Purdue Bankruptcy Settlement ‘Back To Square One’ After US Supreme Court Rejection
In a 5-4 decision, the high court says a Chapter 11 bankruptcy plan provision releasing the Sackler family from future liability is not allowed, a decision that could spur a bolus of personal injury trials if another reorganization plan settling thousands of claims cannot be reached.
![](/-/media/editorial/generics/2024/06/gb2406_arrows_split_blue_1012347172_1200.jpg?rev=c7bd4439c7b446698b0feb8bf822899f&w=350&hash=B9199FABD79C8E2893B51906B230EC8B)
Divisional Patents Remain Divisive In Europe
Divisional patents remain a major barrier to market entry for generics in Europe, heard attendees to Medicines for Europe’s legal affairs conference in Dublin earlier this month.
![](/-/media/editorial/pink-sheet/2024/06/ps2406_eu-council_1680481738_1200.jpg?rev=67e8cb65781c447193cea75a2ade5fae&w=350&hash=69181CD0A4125512874DB1AB16CB1CB4)
More Cracks Appear In EU Pharma Reform As Ministers Debate RDP Proposals
As well as differences of opinion over the “incentives” part of the EU legislative overhaul, the latest meeting of health ministers revealed uncertainties about whether to use incentives or obligations to improve medicines access and how to define “unmet medical needs."
![](/-/media/editorial/pink-sheet/2024/06/shutterstock_2290308429.jpg?rev=fc2ba8b7d0854e96accf0bc8bf5a9764&w=350&hash=DA556BEB8AD69E4D1FA07DDB3678EC46)
340B Drug Diversion: Sanofi Suit Seeks Evidence In Pharmacy Contracts With Hospitals
Drug maker pursuing novel approach to establishing that contract pharmacies are improperly taking ‘title’ to 340B-discounted drugs, leading to diversion, which is prohibited by law.
Intellectual Property
Are you sure you'd like to remove this alert? You will no longer receive email updates about this topic.
![](/-/media/editorial/generics/2024/07/gb2407_medical_research_scale_2239658629_1200.jpg?rev=bc979e599a6f42b3af0f5102a9ab5a68&w=350&hash=D85540F92B89A0A0C5B97E822AD1F4E1)
Medicines Patent Pool Calls For Equitable Access To Infectious Disease mAbs
In a joint proposal with its partners, the Medicines Patent Pool explores challenges in monoclonal antibody equity in low- and middle-income countries and provides actionable solutions to increase development and manufacturing.
![](/-/media/editorial/generics/2022/07/gb2207_skinny_label_in_jeans_1902764755_1200.jpg?rev=fd352450fe4c4bdba07815292fd477cb&w=350&hash=1A47D4D3D7DC7C12C8D7E785F8ECBD39)
‘Totality, Not Piecemeal’: US Federal Circuit Revives Hikma Vascepa Skinny-Label Suit
Reading Hikma’s press releases and other public documents made it “at least plausible” that a physician would look to prescribe Hikma’s generic Vascepa product for any of its indications, including the highly-valued, patent-protected cardiovascular indication, the US Federal Circuit decided, reopening a lawsuit against the generics firm.
![](/-/media/editorial/generics/2024/07/gb2407_gavel_eu_flag_497068513_1200.jpg?rev=1dbab5a2f81d492295a924cbe5a4347b&w=350&hash=A1622740F4E914E24F60B0B8A7301D05)
EU Court Rejects Appeals Over Perindopril Settlements
In long-running litigation over perindopril ‘pay for delay’ settlements, appeals have been refused and certain earlier findings by Europe’s general court have been set aside in a fresh ruling by the Court of Justice of the EU.
![](/-/media/editorial/pink-sheet/2024/06/ps2406_ip_2160922155_1200.jpg?rev=c3df3bd6e3e241179f1cc733cfc35e84&w=350&hash=3451837B350A5613CE31C527B524E249)
Compulsory Licensing: EU Council Backs Stronger IP Protections
The R&D-based pharma industry has welcomed the “more careful and considered approach” taken by EU ministers to the European Commission’s proposed compulsory licensing system, but says there is room for further improvement.
![](/-/media/editorial/generics/2024/06/gb2406_arrows_split_blue_1012347172_1200.jpg?rev=c7bd4439c7b446698b0feb8bf822899f&w=350&hash=B9199FABD79C8E2893B51906B230EC8B)
Divisional Patents Remain Divisive In Europe
Divisional patents remain a major barrier to market entry for generics in Europe, heard attendees to Medicines for Europe’s legal affairs conference in Dublin earlier this month.
![](/-/media/editorial/pink-sheet/2024/06/shutterstock_1715090086.jpg?rev=06407cdf834348ffabadd3a3056f8cfd&w=350&hash=DC5AF2D9C8D2416C933B378D32DDA75D)
US Patent Office Plan To Expand Settlement Disclosure Requirements Welcomed By FTC
US Federal Trade Commission says the policy would enhance its ability to detect reverse payment settlements between pharmaceutical companies that raise antitrust concerns.
![](/-/media/editorial/generics/2024/06/gb2406_us_dollar_stock_2107164086_1200.jpg?rev=ff0a9be0ce3e4350b531ca84b40de8e3&w=350&hash=AF8CB71C33DC6F00372861312E358849)
US Product Hopping Legislation Could Offer $3bn In Savings
A bill that would prevent product hopping was estimated to save US taxpayers $3bn by the US Congressional Budget Office, increasing the likelihood it could be enacted to help pay for other congressional priorities.
![](/-/media/editorial/generics/2024/06/gb2406_spc_session_1200.jpg?rev=d941ca36e8394bd0bd4500b0c0201633&w=350&hash=D3657F158C1C323374C21C61852F1015)
‘We Tried It, It Does Not Work’ – The Problems With The EU’s SPC Manufacturing Waiver
While the European supplementary protection certificate manufacturing waiver was once seen as a triumph for the region’s off-patent industry, concerns are now being raised over how the mechanism is implemented. Attendees at Medicines for Europe’s legal affairs conference in Dublin last week heard the latest.
![](/-/media/editorial/pink-sheet/2023/05/ps2305_quotario-marks_shutterstock_2242442847_1200.jpg?rev=fc3ed434350749148949623eae67426e&w=350&hash=30F5886F13D85B02C6DE47798536266B)
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.
![](/-/media/editorial/pink-sheet/00_regular-column-images/pinksheet_podcast_1200.png?rev=bc6eb4e16393438f9391192abb7e54be&w=350&hash=52CA70D84C472F2FCD016F8FE66566D8)
Pink Sheet Podcast: Clinical Trial Reg Issues, NIH Drug ‘Access Plans’, Good Ole Days Of Woodcock
Pink Sheet editors discuss the US FDA’s potential regulatory changes to promote novel trial designs, an NIH proposal to better ensure access to a commercialized product, and lawmakers longing for Janet Woodcock's days running the Center for Drug Evaluation and Research.
![](/-/media/editorial/pink-sheet/2024/05/shutterstock_1437443870.jpg?rev=c9eaf66ecd8c4319a11b07b9bb37fa42&w=350&hash=BB36D284DD860AC4DC0E1BB015DBCEB8)
NIH Drug Patent Licensees Would Develop ‘Access Plan’ Under Proposal; Pricing Commitments Optional
Proposed rule would not require price concessions in the interest of balancing enhanced access with protecting the ‘viability and sustainability of a product’ in the market.
![](/-/media/editorial/pink-sheet/2024/05/ps2405_boxing_ring_1549830581_1200.jpg?rev=5753e443fce64d2c96e1a757d5b5f099&w=350&hash=8D8CEAEAC1590ACAE22E5906310B7493)
Weight Loss, Diabetes Treatments Focus Of FTC's Second Round Of Patent Listing Challenges
The Pink Sheet takes a deep dive into the Federal Trade Commission's second wave of challenges to patents it asserts are improperly listed in the FDA's Orange Book, including patents covering Novo Nordisk's self-injection pens for Saxenda (liraglutide) and Ozempic (semaglutide).
You must sign in to use this functionality
Authentication.SignIn.HeadSignInHeader
Email Article
All set! This article has been sent to my@email.address.
All fields are required. For multiple recipients, separate email addresses with a semicolon.
Please Note: Only individuals with an active subscription will be able to access the full article. All other readers will be directed to the abstract and would need to subscribe.