Reining In “March In”: NIH Rejects Xtandi Petition

The National Institutes of Health is rejecting calls to exercise “march in” rights on patents for a cancer drug, declaring its view that the authority is narrowly focused on shortages – not pricing.

The National Institutes of Health’s decision to reject a petition asking the agency to use “march-in rights” on the patent for Astellas Pharma Inc./Medivation Inc.’s prostate cancer drug Xtandi (enzalutamide) without even holding a hearing takes one wild card approach to attacking drug prices off the table – at least until the end of the Obama Administration.

Knowledge Ecology International (KEI) and the Union for Affordable Cancer Treatment petitioned

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