Pay-for-Delay Drug Settlements Draw Fire
September 2nd, 2010 | No Comments | Source: BurrillReportSo-called pay-for-delay settlements involving generic and branded drug makers are becoming more common and costing consumers $3.5 billion each year, according to FTC Chairman John Liebowitz, who testified before Congress that he wanted to eliminate such agreements altogether.
These deals allow branded drug makers to sell their expensive products without generic competition for a period longer than the duration of the patents they hold on their drugs.
In the first 9 months of fiscal 2010, drug makers entered into 21 patent litigation settlements. That’s more than the entire previous year.
“That’s almost an epidemic,” Leibowitz told BurrillReport. “Every single FTC Commissioner, going back through the Bush and Clinton administrations, has supported stopping these unconscionable agreements.”
The FTC supports legislation designed to halt pay-for-delay settlements. At the moment, this legislation is tucked into a Senate spending bill.
Both branded and generic drug companies would prefer to leave things just as they are. “The FTC’s testimony fails to present the whole story regarding patent settlements,” according to a statement released by the Generic Pharmaceutical Association. “Over the past 10 years, patent settlements have enabled dozens of first-time generics to come to market many months before patents on the counterpart brand drugs expired.”
The Pharmaceutical Research and Manufacturers of America, which represents branded drug makers, agreed. “A blanket ban could decrease the value of patents, remove an important option for a patent-holder’s defense of intellectual property, and reduce the incentives for future innovation of new medicines,” it said.
A Senate panel has already recommended banning pay-for-delay deals, but narrowly. Pennsylvania Democrat Arlen Specter introduced an amendment to remove the ban from the spending bill, but that amendment did not pass. The ban must pass the full Senate and House before becoming law.





21% in men, and 12% in women since 1991. The report attributes the fall-off to fewer people smoking, improved treatment, and better screening.
In May, J. Craig Venter and colleagues reported creating a self-replicating synthetic bacterial cell, a landmark achievement that many believe represents the dawn of an era in which man can create brand-new organisms that produce drugs and fuels, and perhaps gobble up oil spills on the cheap.
“Current approaches just aren’t good enough to capitalize on this opportunity,” the firm reported.
To reach this surprising conclusion, Awsan Noman and colleagues enrolled 65 patients with chronic stable angina pectoris and angiographically proven coronary artery disease into a randomized, controlled trial of high-dose allpurinol (600 mg per day) vs. placebo.
“We cannot afford to take chances with the integrity of the research process,” NIH Director Francis Collins remarked at a press conference introducing the proposed changes. “We believe it is essential to tighten up this situation in order to be sure that we are obtaining and maintaining the public trust in the integrity of the scientific enterprise.”
The 5-year agreement also calls for Pfizer to contribute $22.5 million to the University. Proprietary information will be shared for drugs that are currently on the market and those that failed during testing. The deal is believed to be the first of its kind in the industry.
To reach these conclusions, Leslie Seltzer created a stressful situation by asking a cohort 7- to 12-year-old girls to deliver an extemporaneous speech and solve difficult math problems in front of an audience of strangers.
The device, blandly named the Microbial Detection Array, will be able to identify 2,000 viruses and 900 bacteria within 24 hours, according to officials at the lab.
To reach this conclusion, the scientists looked at 1,221 married couples who were at least 65 years old. The subjects had been enrolled in the
The factories produce Cerezyme, the enzyme used as replacement therapy for the 1,500 patients with Gaucher disease, and Fabrazyme, the enzyme used to treat about 1,000 patients with Fabry disease.
The scientists added that just a small square of chocolate per day is enough to reap the cardiovascular benefits…after that, it really is just an indulgence.
However, a recent study by Dirk Bassler and colleagues at McMaster University suggests that halting trials early may lead to misleading overstatements concerning the apparent benefits of the intervention.
Jessica Fishman and colleagues at the University of Pennsylvania decided to look into the matter by reviewing the content of cancer news stories in 8 high-circulation newspapers and 5 popular magazines.
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