THE REFILL: Latest Dosage of Rx Patent Abuse


  • CAPA Continues “Spot-On Savings” Mini-Series To Show How The IPR Process Can Generate Savings For Millions Of Patients & The U.S. Healthcare System. Part V: IPR & Ulcerative Colitis – Balancing Innovation and Competition Read the full story below:
    • CAPA examined how the IPR process struck down a patent relating to the drug Apriso (mesalamine) which treats certain gastrointestinal diseases, such as ulcerative colitis. Specifically, the patent in question remarkably claimed the practice of having patients take the drug without food was its intellectual property.  
    • Thanks to IPR, the Board struck down this claim. The Board ruled that taking this type of drug without food or antacids was, not surprisingly, common practice.   
    • Since October of 2019, generic entry has brought prices down 42%, increasing access and affordability for millions affected by this disease.

Read the full post here

  • ICYMI: The U.S. House Judiciary Committee held a hearing recently titled, “Addressing Anticompetitive Conduct and Consolidation in Health Care Markets.” The hearing included testimony from Senator John Cornyn (R-TX) and Senator Richard Blumenthal (D-CT) around their bipartisan Affordable Prescriptions for Patients Act that aims to prevent the major drug companies from gaming the patent system in pursuit of higher profits. CAPA stated on Twitter:
    • CAPA applauds @JohnCornyn & @SenBlumenthal in the Senate and @RepCicilline & @RepKenBuck for their leadership to tackle abuses of America’s patent system. All Americans have felt the repercussions of anti-competitive behavior that keeps prices high. It’s time for action!  
    • Congress still needs to end Big Pharma’s blatant patent abuses that protect their monopolies at the expense of suffering patients. Thankfully,  @JohnCornyn & @SenBlumenthal have reintroduced the Affordable Prescriptions for Patients Act to tackle abuses such as product hopping.


STAT News: Did Someone Say Patent Thicket? AbbVie CEO To Testify Before Congress About Drug Pricing Tactics
Ed Silverman

As part of its probe into pharmaceutical industry pricing tactics, a Congressional committee next month plans to hold a hearing and grill AbbVie (ABBV) chief executive officer Richard Gonzalez, whose company at one point faced a subpoena for refusing to cooperate with the investigation. The move comes after the House Committee on Oversight and Reform last fall released a series of reports detailing how different drug makers engaged in “anticompetitive conduct” to maintain high prices and market share for expensive medicines.

Healthcare Finance: In His First Joint Address, Biden Promotes Giving Medicare The Power To Negotiate Lower Drug Prices
Susan Morse

President Joe Biden’s joint address to Congress tonight held promises for the future of healthcare… The Campaign for Sustainable Rx Pricing Executive Director Lauren Aronson said, “We applaud the President for calling on Republicans and Democrats to work together to advance urgently needed solutions to lower prescription drug prices. This is a top priority for American voters who need relief from Big Pharma’s egregious pricing and anti-competitive practices, and we look forward to working with the administration and Congress to get the job done this year.”

Boston Business Journal: Study Finds Patients Feel The Pinch When Drug Prices Go Up
Jessica Bartlett

Drug companies have long argued that increases in list prices don’t significantly affect patients, because rebates from drug companies to insurance companies largely offset out-of-pocket costs. But a study published this week suggests that more than half of all patients pay more when drugs costs go up… Researchers looked at 79 brand-name drugs in the study — such as Eliquis, Xarelto and Humira — and found that the list price of those drugs went up 16.7% from 2015 to 2017.