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« USPTO News Briefs | Main | Court Report Supplement »

October 31, 2012

Comments

Kevin,

Like the prior petition to exert "march-in-rights" on Norvir, this petition should be denied as well. As correctly noted by the NIH in denying the prior petition, "drug pricing has global implications" (including the fact that the rest of the world such as Europe exerts, in my opinion, artificial government control on drug pricing) that should be addressed by Congress specifically. Granting "march-in-rights" petitions this circumstance would make Bayh-Dole "dead letter."

I do not see how Bayh-Dole would be a dead letter if a provision specifically in the law is actually followed.

Kevin, is there an update here? I believe that the NIH was supposed to make a decision by December 25, 2012, correct? If not, when can we expect a decision? Thanks.

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