THE REFILL: Latest Dosage of Rx Patent Abuse


  • BY THE NUMBERS – A new Morning Consult poll conducted for the Campaign for Sustainable Rx Pricing (CSRxP) – a member of CAPA – found that Americans overwhelmingly agree that it is time for Congress and the new Administration to reform the U.S. healthcare system to lower costs and put patients first.
  • Key Findings Include:
    • Nearly three-in-four American voters support increasing competition by reforming the patent system to allow more generics and biosimilars into the marketplace.  
    • 85 percent of voters believe lawmakers should reform the patent system in order to bring more affordable alternatives into the drug marketplace and lower prices for American patients.  
    • Nearly nine in ten voters believe price increases implemented by Big Pharma during the COVID-19 pandemic increased the financial and emotional burden on Americans during the crisis.  
    • A majority of voters agree policymakers must ensure patients can access COVID-19 medications at an affordable price and prevent pharmaceutical companies from setting unreasonably high prices and increasing those prices to boost profits.

This poll is consistent with the results of a previous poll released by CAPA, which also found that a majority of voters support patent reform as a key part of lowering drug prices. Check out a summary of CSRxP’s survey findings here.

  • CAPA Launches “Spot-On Savings” Mini-Series To Highlight How The IPR Process Generates Savings.
    Part I: IPR & Insulin – The True Value of PTAB Proceedings – Here, CAPA looks at how the IPR process revealed just how little innovation went into Sanofi’s patent on the SoloStar injector pen device, yet they still held an active patent.  The PTAB Board invalidated Sanofi’s device patent in an IPR proceeding and their formulation patents were previously confirmed to be invalid by the Federal Circuit.  Today, Mylan has launched its biosimilar thanks in part because the of the trust in the accuracy of IPRs, the Federal Circuit generally upholds 80% of PTAB’s decisions. Read the full blog post here.
  • recent report released by the Rand Corporation showed just how much more the United States spends on prescription drugs compared to other countries. Key findings include:
    • U.S. prices were 256 percent of those in the 32 comparison countries combined.  
    • The gap between U.S. prices and prices in other countries was larger for brand-name originator drugs.  
    • U.S. prices were 84 percent of prices in all non-U.S. countries for unbranded generics.
  • IN CASE YOU MISSED IT – Matthew Lane, executive director of the Coalition Against Patent Abuse (CAPA), authored an op-ed in Bloomberg Law around the Federal Circuit’s decision in GlaxoSmithKline LLC v. Teva Pharmaceuticals USA, Inc. stating that it undermines this skinny label framework.  If this decision is allowed to stand, it will further erode the Hatch-Waxman Act, leading to higher drug prices for millions of patients. 


The Columbus Dispatch: Capitol Insider: US Sets New Record For Brand-Name Prescription Drug Price Increases
Darrel Rowland

  • It’s official: Americans have now seen more brand-name prescription drug price increases this month than for any January in the previous decade. The record was set Wednesday — the same day Joe Biden was sworn in as president — according to data compiled by nonprofit drug research firm 46brooklyn, run by Ohioans Eric Pachman and Antonio Ciaccia. The Dispatch reported earlier this month that 2021 was likely headed for a record-breaking start.

STAT News’ D.C. Diagnosis: Drug Pricing Is Still Hot, Per A New Poll
Nicholas Florko

  • … a new poll suggests he may be smart to prioritize the issue. In a survey of nearly 2000 voters conducted by Morning Consult, researchers found that 85 percent believe Biden should make lowering prescription drug prices a priority of his first 100 days. The poll, which was sponsored by a group critical of pharma, the Campaign for Sustainable Rx Pricing, also calls into question whether drug makers have gained much goodwill from the coronavirus pandemic. 

Bloomberg: Drug Industry’s Covid-19 Push Didn’t Cross Over to Other Viruses
Naomi Kresge

  • Even as drugmakers mounted an unprecedented response to Covid-19 last year, they continued to ignore other viruses that mostly affect poorer countries, a report found. The pipeline of potential drugs and vaccines against the new coronavirus went from zero to 63 projects through June 2020, according to the Access to Medicine Foundation, which reviews 20 of the world’s biggest drugmakers.

BioSpace: Drug Prices Top Of Mind As Pharma Leaders Consider Policies Under Biden
Gail Dutton

  • In many regards, the incoming Biden Administration is expected to be a redux of the Obama Administration, likely with strong support for scientific research and a reinvigoration of the Affordable Care Act… Yet concerns of pricing controls still loom.