March-In Rights Developments: NIH’s Recent Rejection to Exercise for Certain Drug Patents | Practical Law

March-In Rights Developments: NIH’s Recent Rejection to Exercise for Certain Drug Patents | Practical Law

An Article discussing the National Institutes of Health's (NIH's) recent decision declining to exercise its march-in rights under the Bayh-Dole Act to address Astellas Pharma Inc.'s price for its prostate cancer drug enzalutamide, sold under the Xtandi® trademark. It addresses the context of the NIH's decision, which responded to Knowledge Ecology International's and the Union for Affordable Cancer Treatment's request arguing that the drug's high price unreasonably limits access by US citizens, whose tax dollars helped pay for its development, and illustrates the difficulty persuading the government to exercise its march-in rights to resolve an issue as complex as drug price control.

March-In Rights Developments: NIH’s Recent Rejection to Exercise for Certain Drug Patents

by Practical Law Intellectual Property & Technology
Law stated as of 19 Oct 2016USA (National/Federal)
An Article discussing the National Institutes of Health's (NIH's) recent decision declining to exercise its march-in rights under the Bayh-Dole Act to address Astellas Pharma Inc.'s price for its prostate cancer drug enzalutamide, sold under the Xtandi® trademark. It addresses the context of the NIH's decision, which responded to Knowledge Ecology International's and the Union for Affordable Cancer Treatment's request arguing that the drug's high price unreasonably limits access by US citizens, whose tax dollars helped pay for its development, and illustrates the difficulty persuading the government to exercise its march-in rights to resolve an issue as complex as drug price control.