THE REFILL: Latest Dosage of Rx Patent Abuse


  • We’re two months into the new year and the Coalition Against Patent Abuse (CAPA) is continuing to highlight why Congress should act to address abuses of the U.S. patent system. Many Big Pharma companies regular engage in tactics that can extend government-granted monopolies and illegitimately keep drug prices high for years, or even decades – and its patients and taxpayers who are paying the price. In case you missed it, CAPA has:
    • Cautioned against the Federal Circuit’s decision in GlaxoSmithKline LLC v. Teva Pharmaceuticals USA, Inc. saying in a Bloomberg Law op-ed that without congressional action, it could further erode the Hatch-Waxman Act, destroy the balance that was reached by Congress after months of deliberation, and cause higher drug prices for patients.  
    • Launched a blog series around the importance of strengthening the inter partes review (IPR) process to generate savings.  
    • Pushed back against Big Pharma’s price hikes as usual while millions of American patients continue to grapple with financial hardships.  
    • Highlighted a poll released by the Campaign for Sustainable Rx Pricing (CSRxP) – a member of CAPA – which 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.

CAPA media highlights:


Bloomberg Law: Generic-Drug Labeling Strategy Likely to Survive Teva Rehearing
Christopher Yasiejko, Ian Lopez & Susan Decker

  • A U.S. appeals court panel signaled that it wants to ensure generic-drug makers can continue selling low-cost copycat medicines with limited-use labels as long as they don’t actively promote newer uses discovered by brand-name companies. In an unusual proceeding, a three-judge panel of the U.S. Court of Appeals for the Federal Circuit on Tuesday heard arguments for the second time over a $235 million verdict won by GlaxoSmithKline Plc over Teva Pharmaceutical Industries Ltd.’s copy of its Coreg heart drug. 

KTRH: While Attention Is On COVID, Drug Makers Are Raising Prescription Prices
Nikki Courtney

  • It does every January, and it’s happening this year while attention has been focused on Covid vaccines. Price increases are higher, as expected, but the percentages aren’t as high in past years, if that’s a consolation, says Antonio (Anthony) Ciaccia, founder of 46brooklyn, a company that monitors drug price increases. He says while it’s frustrating to think you’re making Big Pharma bigger as your costs increase, they aren’t necessarily pocketing all that money…

The New York Times: The Path to Racial Justice Runs Through This Agency. President Biden should choose the next director of the U.S. Patent and Trademark Office carefully.
Priti Krishtel

  • A division of the Department of Commerce, the Patent and Trademark Office grants patents (rewards in the form of time-limited monopolies issued by governments) and trademarks, as the Constitution directs, to “promote the Progress of Science and useful Arts.”… For too long, the Patent and Trademark Office has operated as though equity isn’t part of its mandate. But the right leader will understand that the patent system is one of the most powerful instruments for justice in our federal arsenal. To stay true to its promise of equity across government, the Biden administration must choose wisely.

Law360: 7th Circ. To Crawl Into Humira ‘Patent Thicket’ Dispute
No author

  • The Seventh Circuit could dramatically affect the intellectual property landscape for biologic drugs after hearing oral arguments on Thursday from Humira buyers accusing AbbVie of wrongly employing a “patent thicket” to insulate its blockbuster immunosuppressant from competition.