James Love's blog
On July 24, 2014, the Medicines Patent Pool announced welcome modifications and expansions of their licensing agreement with Gilead. Among the significant changes were the addition of a new drug, tenofovir alafenamide (TAF), formerly known as GS-7340. TAF is a nucleotide reverse transcriptase inhibitor, and a prodrug of tenofovir. TAF is considered to have similar antiretroviral efficacy to tenofovir disoproxil fumarate (TDF), the drug it may replace in use, but can be administered with smaller doses and with less adverse effect on kidneys and bones.
KEI is creating a timeline for various events relating to the discovery and the development of diagnostics, vaccines and drugs for Hepatitis. A working draft of the timeline is available here.
To get a quick look at who is holding patents on the Hepatitis C Virus, I did some searches of the USPTO database. In each search, I looked for the term HCV in the field for patent claims (ACLM). Note this is fairly arbitrary, and I get different (and higher) numbers if I include HCV in the Abstract. In any case:
There were 1164 patents that have the term HCV in the patent claim.
Attached is policy briefing note that sets out possible mechanisms to overcome the exclusive rights of patents for drugs to treat the Hepatitis C Virus (HCV), in the United States. Each approach involves leadership from different actors. Each has advantages and disadvantages, including legal and practical risks. (Available here)
Table of Contents
1. The Federal Government use of HCV patents, without permission from right holder
I had not seen this lawsuit filed by Gilead against AbbVie and Abbott before. It is an interesting read. According to Gilead:
Abbott executives and “inventors” conspired and carried out the initial steps of the company’s scheme by filing serial fraudulent patent applications asserting that Abbott had invented methods of treating HCV using PSI-7977 as well as the Gilead Combination (as well as thousands of combinations of Abbott’s other competitors’ HCV compounds). The first of these applications is dated October 21, 2011.
KEI asks FTC to investigate Shire decision to abandon efforts to compete in US market for Fabry’s disease treatmentsSubmitted by James Love on 15. July 2014 - 5:43
July 15, 2014
Knowledge Ecology International (KEI) asks the FTC to investigate Shire decision to abandon efforts to compete in US market for Fabry’s disease treatments. Letter to FTC provides evidence of possible conspiracy to segment markets, involving licensing of an NIH funded invention for use in Europe, in return for abandoning efforts to enter US market.
For More Information:
James Love, Knowledge Ecology International
In "Compulsory License as a Remedy for Trade Secret Misappropriation, Dennis Crouch writes* about a July 1, 2014 decision in Sabatino Bianco, M.D. v. Globus Medical, 2:12-cv-00147 (E.D. Tex 2014). The decision by Judge Bryson, a U.S. Circuit Judge in the Eastern District of Texas, concerns trade secrets which:
"consisted of ideas for the design of a medical device known as an adjustable intervertebral spacer or implant. Intervertebral spacers are used in spinal surgery to replace damaged discs in patients’ spines."
Senators Wyden and Grassley launch investigation of pricing of Sovaldi, treatment for Hepatitis C VirusSubmitted by James Love on 11. July 2014 - 10:42
Senators Wyden and Grassley have written a very tough request for documents about the pricing of Sovaldi, sent to John C. Martin, the Chair and CEO of Gilead Sciences.
The eight page letter sets out in 21 number paragraphs and countless sub-paragraphs a set requests for documents and information related to a very sweeping number of issues relating to Hepatitis C, and the pricing of Sovaldi (Gilead's brand name for sofosbuvir).
The Grassley press release on the letter is here:
These are the notes from my statement on behalf of KEI on July 3, 2014, during the WIPO SCCR 28 discussions of principles and objectives for library copyright exceptions. The WIPO discussions on July 3 focused on the four topics in the US paper, SCCR/26/8.
I will start with comments on the statements made by the Federation of Independent Journalists, which were critical of library copyright exceptions, and authors who don't make a living directly from royalties.
All authors have used libraries. Some authors still use libraries.
This was read today at SCCR 28, by Anelise Rose, who works with KEI, on behalf of TACD.
TACD Intervention on US paper SCCR/26/8,
On the first topic, the ADOPTION OF NATIONAL EXCEPTIONS,
Videos from TACD's June 25, 2014 side event on intellectual property in the US, EU trade agreement (TTIP)Submitted by James Love on 26. June 2014 - 5:32
The following are videos from TACD's June 25, 2014 side event on intellectual property and the proposed Transatlantic Trade and Investment Partnership (TTIP) agreement.
World Health Assembly (WHA 67) agrees to create pooled R&D fund, endorses delinkage of R&D costs from product pricesSubmitted by James Love on 24. May 2014 - 4:45
Today the World Health Assembly (WHA) reached consensus on a "decision", WHA67(15), regarding the Consultative Expert Working Group (CEWG) on Research and Development.
KEI and other NGOs attending SCCR 27 have been able to make interventions on various articles in the proposed library treaty. On the issue of library access to orphaned works, KEI's intervention covered the following points, and made a proposal for text.
1. There is ample evidence that national approaches to providing access to orphan works is quite diverse.
2. The diversity of approaches have been used by some to express pessimism that this issue can be addressed in a treaty.
The six countries listed in the Special 301 list, every year, had much higher growth of incomes than USASubmitted by James Love on 1. May 2014 - 4:59
According to USTR's 2014 report, six countries have been listed on the Special 301 list "every year since the report's inception." The six countries that have appeared on the Special 301 list every year were Chile, China, India, Indonesia, Thailand and Turkey.