After Xtandi, Will Government Ever Seek March-In Rights Over Drug Pricing?
Executive Summary
Market availability of Xtandi, not its cost, is the issue, NIH says in denying petition for government to invoke march-in rights to patents on the prostate cancer drug. But Biden administration makes two other same-day moves that could leave march-in advocates with some hope.
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BIO and PhRMA describe the complexity of pricing biopharmaceuticals in arguing price should not be a factor in deciding whether to exercise march-in rights. The FTC suggests agencies consider a patent holder’s private investment and breadth of patent coverage, while KEI, AUTM, the American Bar Association, and former USPTO directors also weigh in on NIST's proposed framework.
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