Bonum Certa Men Certa

Access to Medicine is More Important Than Patents

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.

Recent Techrights' Posts

[Meme] The Cancer Culture
Mission accomplished?
Why the Articles From Daniel Pocock (FSFE, Fedora, Debian Etc. Insider) Still Matter a Lot
Revisionism will try to suggest that "it's not true" or "not true anymore" or "it's old anyway"...
 
Free Software Community/Volunteers Aren't Circus Animals of GAFAM, IBM, Canonical and So On...
Playing with people's lives for capital gain or "entertainment" isn't acceptable
Germany Transitioning to GNU/Linux
Why aren't more German federal states following the footsteps of Schleswig-Holstein?
IRC Proceedings: Friday, May 03, 2024
IRC logs for Friday, May 03, 2024
Over at Tux Machines...
GNU/Linux news for the past day
Alexander Wirt, Bucha executions & Debian political prisoners
Reprinted with permission from disguised.work
Links 03/05/2024: Clownflare Collapses and China Deploys Homegrown Aircraft Carrier
Links for the day
IBM's Decision to Acquire HashiCorp is Bad News for Red Hat
IBM acquired functionality that it had already acquired before
Apparently Mass Layoffs at Microsoft Again (Late Friday), Meaning Mass Layoffs Every Month This Year Including May
not familiar with the source site though
Gemini Links 03/05/2024: Diaspora Still Alive and Fight Against Fake News
Links for the day
[Meme] Reserving Scorn for Those Who Expose the Misconduct
they like to frame truth-tellers as 'harassers'
Links 03/05/2024: Canada Euthanising Its Poor and Disabled, Call for Julian Assange's Freedom
Links for the day
Dashamir Hoxha & Debian harassment
Reprinted with permission from disguised.work
Maria Glukhova, Dmitry Bogatov & Debian Russia, Google, debian-private leaks
Reprinted with permission from disguised.work
Who really owns Debian: Ubuntu or Google?
Reprinted with permission from disguised.work
Keeping Computers at the Hands of Their Owners
There's a reason why this site's name (or introduction) does not obsess over trademarks and such
In May 2024 (So Far) statCounter's Measure of Linux 'Market Share' is Back at 7% (ChromeOS Included)
for several months in a row ChromeOS (that would be Chromebooks) is growing
Links 03/05/2024: Microsoft Shutting Down Xbox 360 Store and the 360 Marketplace
Links for the day
Evidence: Ireland, European Parliament 2024 election interference, fake news, Wikipedia, Google, WIPO, FSFE & Debian
Reprinted with permission from Daniel Pocock
Enforcing the Debian Social Contract with Uncensored.Deb.Ian.Community
Reprinted with permission from Daniel Pocock
Gemini Links 03/05/2024: Antenna Needs Your Gemlog, a Look at Gemini Get
Links for the day
IRC Proceedings: Thursday, May 02, 2024
IRC logs for Thursday, May 02, 2024
Over at Tux Machines...
GNU/Linux news for the past day
Jonathan Carter & Debian: fascism hiding in broad daylight
Reprinted with permission from disguised.work
Gunnar Wolf & Debian: fascism, anti-semitism and crucifixion
Reprinted with permission from disguised.work
Links 01/05/2024: Take-Two Interactive Layoffs and Post Office (Horizon System, Proprietary) Scandal Not Over
Links for the day
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Wednesday, May 01, 2024
IRC logs for Wednesday, May 01, 2024
Embrace, Extend, Replace the Original (Or Just Hijack the Word 'Sudo')
First comment? A Microsoft employee
Gemini Links 02/05/2024: Firewall Rules Etiquette and Self Host All The Things
Links for the day