In The News:
- The International Consortium of Investigative Journalists published a yearlong investigation into how Merck built a fortress of patents, traded in secrecy and relentlessly lobbied to extend its Keytruda monopoly.
- SCOTUS heard oral arguments in the closely watched patent case Hikma v. Amarin. The case will determine the future of skinny labeling, a process used to bring cheaper generic medicines to market more quickly.
- USPTO Director John Squires faced overwhelming criticism from the House Judiciary IP subcommittee over his hollowing out of the PTAB.
- In Canada, India, China and several other nations, the primary patents on Ozempic expired, opening the door for generic competition this year. But due to patent policies, Americans won’t see generics until at least 2032.
- Consumers, patients, health care providers, and academic experts sent a letter to the Senate Judiciary Committee urging members to support the ETHIC Act, which could address some of the excesses of patent thicketing by limiting the number of patents drug companies can assert in litigation.
Spotlighted:
Last month, our team released The Monopoly Extension Menu, an examination of three of the most expensive drugs in the Medicare program: Pomalyst, Darzalex, and Trelegy Ellipta. Together, these three drugs cost Medicare nearly $10 billion annually. The brief shows how, in each case, the companies marketing these drugs are deploying different items from the same “menu” of patenting schemes to block competition and inflate prices.
The Inflation Reduction Act has empowered Medicare to negotiate lower prices on several high-cost drugs for seniors, including two examined in the brief: Pomalyst and Trelegy Ellipta. While Medicare negotiations reduce the cost of the industry’s monopolistic practices, they leave the monopoly extension menu untouched. Their reach is also limited to the 19% of Americans on Medicare, leaving 81% of the population exposed to drug prices that are inflated due to unchecked patent abuse. Until Congress addresses these abuses, brand-name drug companies will keep using this menu to extend monopolies and price gouge Americans.
Onwards,
Tahir
Final Word
On a more personal note, I recently hosted a launch event in the U.K for my new (and first) co-authored book, Pharma Monopoly: The Battle for the Future of Medicines. It was surreal to see it in bookstores and I look forward to hosting more events stateside when it is officially released in the U.S on May 26. The book challenges the stories we’ve been told about “free markets,” “innovation,” and access to medicines, asking us to question the narratives that neoliberalism dictates to us. It is a call to move beyond incremental solutions if we are to ensure the freedom and right for people to access affordable medicines and justice. You can pre-order Pharma Monopoly here.