Xtandi Bayh-Dole Rights Case: Memorandum in Support of Prostate Cancer Patient Petition Asking HHS to Use the US Government’s Rights in Patents to Enable Generic Competition

(For more information, please see the Xtandi: 2021-2022 request page)

A January 25, 2022 Knowledge Ecology International “Memorandum in support of the petition to HHS to exercise the march-in or paid up royalty right in patents on the prostate drug Xtandi” was submitted to the Department of Health and Human Services and the National Institutes of Health.

A PDF of the 27 page memorandum is available here: KEI-Memo-HHS-Xtandi-Bayh-Dole-March-in-Paid-up-Royalty-25Jan2022

The brief cover letter was as follows:


To: The Honorable Xavier Becerra
Secretary of the Department of Health and Human Services

Tara A. Schwetz, Ph.D.
Acting Principal Deputy Director, National Institutes of Health

Re: Memorandum in support of the petition to HHS to exercise the march-in or paid up royalty right in patents on the prostate drug Xtandi

Date: January 25, 2022

Attached is a memorandum that supports the petition to HHS to exercise the march-in or paid up royalty right in patents on the prostate drug Xtandi. I ask that this memorandum, prepared by Knowledge Ecology International to be used in this case, be included in the record.

As noted in the attached memorandum, “The standard sought in the Xtandi case is not to create a general standard for drug pricing, but to set one for products that were invented on a government grant. Specifically, the petitioners ask that U.S. residents not pay more than other high income countries for products invented on a U.S. government grant.”

Sincerely,

Clare M. Love, ​Prostate Cancer Patient and Vietnam War Veteran
clare.love@workingagenda.com
621 M Street
Hoquiam, Washington 98550