EditorsAbout the SiteComes vs. MicrosoftUsing This Web SiteSite ArchivesCredibility IndexOOXMLOpenDocumentPatentsNovellNews DigestSite NewsRSS

10.15.17

Access to Medicine is More Important Than Patents

Posted in America, Patents at 6:51 am by Dr. Roy Schestowitz

Pills

Summary: Some of the latest news about patents that impede/deny access to crucial medication; strategic litigation from the generics sector, seeking to invalidate patents and then offer low-cost alternatives

A COUPLE of weeks ago we wrote about various patent monopolies whose value to society is questionable. At one point we highlighted news about a patent case which led to massive penalties ($70,000,000) and medicine embargoes. That was Amgen.

Last week Amgen’s patent disputes were brought up again by Managing IP. To quote: (it’s mostly restricted in terms of access)

The permanent injunction [i.e. embargo] granted by the District of Delaware in the dispute between Amgen and Sanofi/Regeneron over cholesterol-lowering treatment has been vacated, in a decision that also included some implications for the USPTO’s practice of granting broad antibody claims

The Federal Circuit has vacated the permanent injunction in the dispute between Amgen and Sanofi/Regeneron over cholesterol-lowering treatment.

It’s hard to see how sanctions like embargoes can ever benefit society, especially when life-saving medicine is at stake. It’s saddening to see almost no sites (bar IP Watch perhaps) speaking about this. What’s worse, now that there’s positive change, owing to the US Supreme Court, sites like this are promoting the illusion that doing the right thing on patents would cause death in “developing nations” — the very opposite of what is true. To quote:

On May 30th, the Supreme Court ruled in Impression Products, Inc. v. Lexmark International, Inc. that all patent rights are automatically exhausted upon the sale of a product irrespective of contract stipulations and regardless of whether the sale is made domestically or internationally. While the dispute in this case involved articles of manufacture, the decision has strong implications for the biotechnology and pharmaceutical Industry, and may make it easier for drugs sold legally overseas to make their way back to the U.S. market.

[...]

Another possible effect of the Lexmark decision is a decrease in drug donations from pharmaceutical companies to developing nations…

This is nonsense. If anything, the ruling compels companies to focus less (in their business model) on patents. We used to write a great deal about the sham such “donations” tend to be; sometimes they just experiment on a population, under the guise of philanthropy or charity. Production costs are minuscule anyway and what’s expensive is risk of litigation due to clinical trials gone awry. We wrote about companies such as Merck and Novartis in relation to this (mostly half a decade ago) and speaking of which, watch what Patently-O published a few days ago. It is now a platform for patent radicals from Novartis (malicious company in the patent sense) and the notorious WIPO. It’s easy to see what they want and it has nothing to do with public interests.

In Japan, according to last week’s IAM blog post, there’s now a debate (and lawsuit) that spills over to the US. Generics versus patents again:

In order to submit Paragraph IV certifications, Sawai will reportedly conduct invalidity searches for patents which protect original drugs and that have significant patent terms remaining. By invalidating patents for original drugs, Sawai expects to increase sales of its generic drugs. From the early 2020s, Sawai plans to release one or two generic drugs each year in the United States.

This is very good. Sawai would therefore improve access to medicine at affordable prices.

Share this post: These icons link to social bookmarking sites where readers can share and discover new web pages.
  • Digg
  • del.icio.us
  • Reddit
  • co.mments
  • DZone
  • email
  • Google Bookmarks
  • LinkedIn
  • NewsVine
  • Print
  • Technorati
  • TwitThis
  • Facebook

If you liked this post, consider subscribing to the RSS feed or join us now at the IRC channels.

Pages that cross-reference this one

What Else is New


  1. IRC Proceedings: Friday, June 05, 2020

    IRC logs for Friday, June 05, 2020



  2. Guix Petition Demographic Data, by Figosdev

    That old anti-RMS letter, which called for his removal (or resignation) from GNU (RMS is the founder of the GNU Project), as characterised by metadata of signatories



  3. When You Realise People Who Don't Support RMS Do Not Really Support GNU, Either

    The (in)famous letter against Richard Stallman (RMS), which was signed by many Red Hat employees with Microsoft (GitHub) accounts, doesn’t look particularly good in light of recent revelations/findings; it increasingly looks like IBM simply wants Microsoft-hosted and “permissively” licensed stuff, just like another project it announced yesterday and another that it promoted yesterday



  4. The Gates Press (GatesGate) -- Part III: What Happens When You Tell the Truth About Bill Gates and the Gates Foundation

    One might not expect this from a so-called 'charity'; the Gates Foundation's critics are often met with unprecedented aggression, threats and retribution, which make one wonder if it's really a charity or a greedy cult of personalities (Bill and Melinda)



  5. Links 6/6/2020: Bifrost Meets GNOME, Wine 5.10 is Out

    Links for the day



  6. Links 5/6/2020: LibreELEC (Leia) 9.2.3, Rust 1.44.0, and Hamburg's Pivot to Free/Libre Software

    Links for the day



  7. This Article About GitHub Takeover Never Appeared (Likely Spiked by Microsoft and Its Friends Inside the Media)

    And later they wonder why people distrust so much of the media (where paying advertisers set the agenda/tone)



  8. Raw: How Microsoft and/or the EPO Killed an Important EPO Story About Their SLAPP Against Techrights and Others

    Spiking a story about spiked stories about corruption



  9. The Linux Foundation 'Bootcamp' -- Badly Timed and Badly Named in June 2020 -- Only Uses Linus Torvalds Like a 'Prop' (for Legitimacy) While Promoting Militarised Monopolies

    Sometimes a picture says a lot more than words, especially in light of political events in the US and a certain Chinese anniversary we cannot name (Microsoft censors mentions of it)



  10. IRC Proceedings: Thursday, June 04, 2020

    IRC logs for Thursday, June 04, 2020



  11. The Gates Press (GatesGate) -- Part II: When Media That You Bribe Calls All Your Critics 'Conspiracy Theorists' (to Keep Them Silenced, Marginalised)

    The assault on the media by Bill Gates is a subject not often explored by the media (maybe because a lot of it is already bribed by him); but we're beginning to gather new and important evidence that explains how critics are muzzled (even fired) and critical pieces spiked, never to see the light of day anywhere



  12. GitHub is Not Sharing But 'Theft' by Microsoft

    Microsoft buying GitHub does not demonstrate that Microsoft loves Open Source (GitHub is not Open Source and may never be) but that it loves monopoly and coercion (what GitHub is all about and why it must be rejected)



  13. The Huge Damage (Except for Patent Lawyers' Bottom Line) Caused by Fake European Patents

    The European Patent Office (EPO) keeps granting fake patents that cause a lot of real harm (examiners are pressured to play along and participate in this unlawful agenda); nobody is happy except those who profit from needless, frivolous lawsuits



  14. Red Hat/IBM Got 'Tired' of RMS. Is It Getting 'Tired' of GPL/Copyleft Too?

    After contributing to the cancellation of Richard Stallman (RMS) based on some falsehoods perpetuated in the media we're seeing the sort of thing one might expect from IBM (more so now that it totally controls Fedora and RHEL)



  15. Links 4/6/2020: Proton 5.0-8 Release Candidate, GNU Linux-libre 5.7

    Links for the day



  16. IRC Proceedings: Wednesday, June 03, 2020

    IRC logs for Wednesday, June 03, 2020



  17. Social Engineering of Free Software, Based on Corporate Criteria

    What "professional" nowadays means in the context of coding and honest assessment of technical work



  18. Weakening GNU/Linux by Disempowering Its Leaders and Founders, Replacing Them With Microsoft Employees and GNU/Linux-Hostile Moles

    The coup to remove (or remove power from) Stallman and Torvalds, the GNU and Linux founders respectively, is followed by outsourcing of their work to Microsoft’s newly-acquired monopoly (GitHub) and appointment of Microsoft workers or Microsoft-friendly people, shoehorning them into top roles under the disingenuous guise of "professionalism"



  19. Sword Group Violates Its Own Commitment by Working for the EPO

    The European Patent Office (EPO) keeps outsourcing its work to outside contractors (for-profit private entities) to the tune of hundreds of millions if not billions — all this without any oversight



  20. In 2020 Canonical No Longer Fights for Freedom

    Freedom requires a GNU/Linux distro other than Ubuntu, which seems unwilling or unable/incapable of speaking about and promoting the ideals of GNU/Linux



  21. We Need to Use the F Word (Freedom) to Promote Adoption of GNU/Linux

    "People get the government their behavior deserves. People deserve better than that." -Richard Stallman



  22. People Who Want to Explore GNU/Linux With Ubuntu See This Today

    "Wait, am I in a GNU/Linux blog or another Windows blog," a visitor might think... or, is Microsoft 'taking over' messaging at Canonical? (Same with code)



  23. Links 4/6/2020: Septor 2020.3, Nextcloud and Blender 2.83

    Links for the day



  24. Hey, Where's Red Hat (IBM)?

    Red Hat is conspicuously silent at these critical times (in its home country); Must be too busy hailing and cashing in on Trump's military (state) while dishing out shallow and self-contradictory diversity PR/fluff…



  25. Microsoft's Latest Vapourware About Supercomputers

    Microsoft has spent almost two decades dropping supercomputers vapourware on the media, but those misinformation dumps always turn out to be 100% hot air, no substance



  26. 2020: A Time for Resolutions or Revolutions?

    There are nonviolent means by which the current system can be corrected; we need to convince peers and relatives to change the way they behave and not cooperate with unjust elements of the system



  27. IRC Proceedings: Tuesday, June 02, 2020

    IRC logs for Tuesday, June 02, 2020



  28. The Gates Press (GatesGate) -- Part I: Lost the Job After Writing an Article Critical of Bill Gates for Attacking Some Actual, Legitimate Charities (Because They Had Spread GNU/Linux)

    The sociopaths from the fake 'charity' of Bill Gates would go to great lengths to squash criticism and also to eliminate critics; this series tells the story of some of those personally affected



  29. Don't Fall for the Spin, Microsoft is Laying Off Workers and It's Not Just Because of the Pandemic





  30. All They Want is Litigation, Not Innovation

    It's getting difficult to ignore or to overlook the fact that the 'litigation lobby' (the likes of Team UPC and today's EPO management, guided by groups like the Licensing Executives Society International) doesn't care about innovation and is in fact looking to profit by crushing innovation


RSS 64x64RSS Feed: subscribe to the RSS feed for regular updates

Home iconSite Wiki: You can improve this site by helping the extension of the site's content

Home iconSite Home: Background about the site and some key features in the front page

Chat iconIRC Channel: Come and chat with us in real time

Recent Posts