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Legal & IP

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Legal Issues

Set Alert for Legal Issues

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.

Legal Issues FDA

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.

Advertising, Marketing & Sales Legal Issues

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.

Intellectual Property Legal Issues

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."

Europe EU Legislative Reform

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.

Pricing Debate Legal Issues

‘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.

Europe Legislation

SCOTUS' Mifepristone Decision Sets High Bar For US FDA Suits, But Risks To Agency Authority Linger

The unanimous decision that the Alliance for Hippocratic Medicine lacks standing to challenge the FDA’s relaxation of the abortion pill REMS leaves unclear whether the court would have deferred to the agency’s expertise on the merits.

Drug Safety Legal Issues

US NIH And Drug Pricing: Still Seeking A Balance

“Access Plans” are the US NIH’s new idea to address calls to take a more hands-on role in regulating the prices of products developed with taxpayer funding, but what the policy would actually mean for prices is hard to pin down, and that is probably deliberate.

Pricing Debate Legal Issues

Italy Probes Alleged Antitrust Deal Over Biosimilar Version Of Eye Drug Lucentis

Did Samsung Bioepis and Biogen choose early US access for their Lucentis biosimilar in exchange for postponing launch in other markets? That’s what Italy’s competition authority believes, as it investigates the biosimilar sponsors and originator companies Genentech and Novartis.

Regulation Legal Issues

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.

International Europe

Vaccine Star's Surprise Downfall Indicative Of Trouble In China’s COVID Push?

Apparently months after his actual detention, news has finally surfaced that a key researcher behind China's rapid development of a homegrown COVID-19 vaccine is said to have "severely violated" Communist Party rules and regulations and is the subject of a probe for possible corruption.

China Policy

340B Contract Pharmacy Confusion: Another US Court Sides With Pharma, States Enact Roadblocks

The DC Circuit Court agrees with an earlier appeals court ruling that the law does not prohibit manufacturers from setting the terms of their 340B outpatient drug discounts to contract pharmacies.

Legal Issues Pricing Strategies
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Intellectual Property

Set Alert for Intellectual Property

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.

Europe Intellectual Property

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.

Intellectual Property Legal Issues

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.

Patents Intellectual Property

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.

Pricing Debate Legislation

‘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.

Europe Legislation

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.

International Europe

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.

Clinical Trials Pricing Debate

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.

Policy Research & Development

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).

Intellectual Property Pricing Debate

Industry Calls For More Clarity On EU Compulsory Licensing Proposal

Industry groups say the initiative will undermine innovation and the competitiveness of European companies, impeding Europe's ability to tackle future crises effectively.

Europe Innovation

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. 

Patents Intellectual Property

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.

Intellectual Property Generic Drugs
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