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Legal & IP

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Legal Issues

Set Alert for Legal Issues

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.

Europe Legislation

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.

Gene Therapy Legal Issues

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.

Legal Issues Drug Approval Standards

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.

Pricing Debate Legal Issues

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.

Legal Issues User Fees

‘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.

Generic Drugs Legal Issues

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.

Legal Issues Intellectual Property

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
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Intellectual Property

Set Alert for Intellectual Property

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.

Biosimilars Intellectual Property

‘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.

Generic Drugs Legal Issues

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.

Legal Issues 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
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