E-drug: Guardian on Losec patent
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[Copied as fair use. Thanks to Valeria Frighi for allerting me. HH]
Prescription for change?
Andrew Clark
Guardian, Wednesday October 24, 2001
America's drug patenting system faces its sternest test yet in
December, when a New York courtroom will host a showdown over
the world's top-selling prescription medicine, Losec, used to treat
indigestion and stomach upsets. Makers AstraZeneca saw sales of
�2.8bn last year. The firm's patent was originally due to expire in
April this year but AstraZeneca has infuriated patients' groups by
employing unprecedented tactics to block rivals from producing
cheaper versions.
AstraZeneca proudly announced a "wall of patents" to protect
Losec until 2019. For example, it claims it should have extended
ownership because it invented the casing of the purple pill as well
as its contents.
The company also maintains that it is entitled to fresh patents for
different bacteria which Losec is used to target in the stomach.
Most controversially, AstraZeneca claims to have "invented" a
compound produced in the stomach when naturally occurring acids
come into contact with Losec.
A Florida-based company, Andrx, is leading a coalition of generic
drugs firms claiming the right to make rival versions of AstraZeneca
drugs, which would be 35% to 40% cheaper. Andrx's chief
executive, Elliot Hahn, accuses AstraZeneca of using "extremely
weak, and in some cases, manifestly bogus" arguments to extend
ownership of Losec. "This highlights the abuses which innovative
companies are taking to deprive people of cost-effective generic
drugs," he says.
At an initial hearing this week, Judge Barbara Jones set December
5 as the starting date for the trial. It was due to be heard this
month but a series of legal manoeuvres have delayed it. For
AstraZeneca, every day of delay means $11m of unchallenged
revenue from Losec. AstraZeneca's latest ploy, according to
opponents, has been to prolong the likely length of the trial. The
company has named a longer than expected list of witnesses, with
a total of 30 experts due to give evidence for pursuer and defender
in the trial.
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