Scott Lassman: Industry Takeaways from Allergan's Patent Transfer

Scott Lassman, JD, partner in Goodwin's Technology and Life Sciences Group, responds to Allergan's recent transfer of patents to a soverign entity, and gives 2 takeaways for industry.
January 11, 2018


Transcript:

What can the industry learn from the response to Allergan’s recent transfer of patents to a sovereign entity?
 
I think they could learn 2 things. One, that folks will do just about anything to protect a blockbuster product. I’ve got to say that the lawyers who came up with that should get an award; I thought that was unbelievably creative. I guess the lesson is to expect anything.

The second thing folks can learn is that timing is everything. I thought the timing of this was awful. Drug pricing issues are swirling around, you’ve got Congress looking at it, you’ve got FDA looking at it, and to pull what I think can only be considered a stunt like this, it’s just awful timing for the industry. It might be good for the company that did it, but I think it plays very poorly with the regulators and policy makers.

It reminds me of something that happened probably 20 years ago in the Hatch-Waxman context where you had a similar atmosphere of criticism of the industry and criticism of some of the tactics that companies use to ward of generic competition, and just at that moment 1 big company got a new patent issued, and I think it was at 11:00 at night the day before generics were supposed to be approved, they submitted the patent to FDA and blocked generics for another 30 months. That set off a firestorm and actually prompted FTC to complain and FDA to change their regulations. Ultimately, it prompted Congress to step in and change the statute and address something like that.

I actually saw a lot of similarities between that situation and this situation, and I would not be surprised if you see some sort of legislative response to it.
 

x-button

Health economics experts. Managed care professionals. Key clinical specialists. This is where the worlds of clinical, regulatory, and economical outcomes for specialized pharmaceutical biotechnology meet: The Center for Biosimilars is your online resource for emerging technologies, with a focus on improving critical thinking in the field to impact patient outcomes. We’ll discuss the current landscape for advanced health care management—reviewing emerging treatment paradigms, approaches, and considerations—all by authoritative industry voices.

Intellisphere, LLC
2 Clarke Drive
Suite 100
Cranbury, NJ 08512
P: 609-716-7777
F: 609-716-4747
Copyright © 2006-2018 Intellisphere, LLC. All Rights Reserved.