Author: Krista Cox

In August 2, 2010, the National Institutes of Health (NIH) was asked to grant an open license to permit manufacture of Fabrazyme, a drug used to treat Fabry disease (more on the march-in case here: https://www.keionline.org/fabrazyme). On December 1, 2010, Francis S. Collins, Director of the NIH issued a determination in the case, rejecting the petition for the NIH to exercise its march-in rights, citing as support for the denial that granting march-in rights would not overcome other barriers, including the exclusive rights in test data.

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At a session on the AIDS Financial Crisis, Senator Bernie Sanders (I-VT) presented on the bill he introduced last year, S.1138, a Prize Fund for HIV/AIDS. Continue Reading →

At the International AIDS Conference 2012, on July 25, 2012, former Senator Frist (R-TN) moderated a panel of four members of Congress on “The U.S. Congress and the Global AIDS Epidemic.” The four members of Congress included Congresswoman Barbara Lee (D-CA), Senator Marco Rubio (R-FL), Senator Chris Coons (D-DE) and Senator Mike Enzi (R-WY).

From left to right: Congresswoman Lee, Senator Rubio, former Senator Frist, Senator Coons and Senator Enzi

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On Friday, July 20, 2012, the Court of Appeals for the Federal Circuit again heard the case Association for Molecular Pathology v. United States Patent and Trademark Office. The plaintiffs in the case are represented by the ACLU and PubPat, while the primary defendant in the case is Myriad Genetics.

Case History

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On Monday, July 16, 2012, the Court of Appeals for the Third Circuit ruled that pay-for-delay agreements between branded pharmaceutical companies and generic manufacturers are prima facie evidence of anticompetitive behavior. Continue Reading →

Background
On Friday, July 20, 2012, the Court of Appeals for the Federal Circuit will re-hear the case Association for Molecular Pathology, et. al. v. United States Patent and Trademark Office, et. al. This case, involving the patent eligibility of DNA–specifically claims directed at two human genes, BRCA1 and BRCA2, associated with an individual’s susceptibility to breast cancer–has been litigated for three years now and has resulted in fractured rulings and widely varying reasoning.

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The 13th round of negotiations for the Trans-Pacific Partnership Agreement (TPPA) took place in San Diego, CA, USA from 2-10 July 2012.

Notes on Intellectual Property

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On Friday, June 15, 2012, Knowledge Ecology International (KEI) and Universities Allied for Essential Medicines (UAEM) filed as amici curiae in the case Association for Molecular Pathology, et. al. v. United States Patent and Trademark Office, et. al which is currently being heard before the Court of Appeals for the Federal Circuit. The full brief is available for download here.

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The USTR’s 2012 Special 301 list was published on April 30, 2012. Below are some comments about certain portions of the Special 301 Report that concern access to knowledge and access to medicines.

USTR cites the “TEAM” approach to access to medicines
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