In
a letter to the editor published
in this week's edition of The New England
Journal of Medicine, Dr. David Wheadon, Senior Vice President of the Pharmaceutical
Research and Manufacturers of America (PhRMA) Scientific & Regulatory
Affairs team, attempts to set the record straight regarding a follow-on
biologics (FOB) paper published in that medical journal last fall. The focus of Dr. Wheadon's criticism is
a NEJM paper written by a New York
patent attorney (Alfred Engelberg) and two Harvard professors (Dr. Aaron
Kesselheim and Dr. Jerry Avorn), in which the three authors contend that the FOB
legislation being proposed in the House and Senate -- which would provide 12
years of data exclusivity -- would "upset[] the delicate balance between
the interests of consumers and those of innovators" (see "NEJM Authors
Say Five Years of Data Exclusivity Would Be Sufficient"). Citing the Federal Trade Commission
(FTC) report on FOBs that was released last June (see "No One Seems Happy with Follow-on Biologics According to
the FTC"),
the three authors suggest that the FOB legislation currently pending in the
House and Senate (and which was proposed at the time the paper was originally published) be amended to "give the FDA the mandate to evaluate and
approve biosimilar drugs in a reasonable period, starting, as with
small-molecule products, 5 years after the approval of the original drug,"
and conclude that "[s]uch a compromise would best balance the need for
financial incentives with the need for competition, promoting access and
motivating important subsequent innovation."
Stating
that "the record should be set straight," Dr. Wheadon offers five
counterarguments to the Engelberg et al.
paper. First, he contends that
once an FOB regulatory pathway has been established, FOB manufacturers will
have "strong incentives to enter the market" -- namely, substantially
reduced developmental costs (Dr. Wheadon suggests that FOB manufacturers will
be looking at costs of between $10 million and $40 million, as compared to $1.2
billion for innovators) resulting from the FOB manufacturer's ability to use an
innovator's data to support its application for FDA approval. Next, Dr. Wheadon contends that
protection of this data, via an appropriate data exclusivity period, will be
critical given the less certain patent protection for biologic drugs (which he says is a result of the requirement that an FOB need only be similar, and not
identical, to the corresponding biologic drug). Third, Dr. Wheadon points out that data protection will not
eliminate competition because biologics will still have to compete with other
drugs. In particular, Dr. Wheadon notes that an FOB manufacturer can
bypass an innovator's data protection by generating its own data to provide support for FDA
approval. Fourth, in response to
some of the criticism regarding evergreening loopholes in the current
legislation, Dr. Wheadon observes that "changes to an innovator biologic
that do not affect the product's safety, purity, or potency would not qualify
for a new data-protection period."
Last, Dr. Wheadon asserts that recent (but as yet unpublished) data
indicates that "developers of less than one third of biologics had
recouped their research and development costs from 2003 through 2008," and
therefore "focusing on revenues associated with a select few biologics is
misleading."
Also
commenting about the Engelberg et al.
paper in a letter to the editor are Dr. Allan Pollock and Dr. Martin Zagari of
Amgen. Briefly, the Amgen researchers
seek to correct an error in the paper regarding the annualized cost of epoetin
alfa therapy for anemia of chronic renal disease. Whereas the Engelberg et
al. paper suggests that the cost of this therapy is $84,467 per patient,
Dr. Pollock and Dr. Zagari state the actual cost is $8,767 per patient. The Amgen researchers also note that the
Centers for Medicare and Medicaid Services (CMS) pays for 80% of this cost.
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