Perhaps after their favorite theory was blown apart again, as it has been every time it’s been trotted out over the past 20 years, the critics of the Bayh-Dole Act learned a painful lesson. Their carefully constructed thesis that the law contains a hidden provision allowing the government to set prices on successfully commercialized products has been summarily rejected by every Democratic or Republican Administration which has considered it. They say the definition of insanity is doing the same thing repeatedly while expecting a different result. But that didn’t keep the proponents from refiling the same petition which was rejected three times in the Obama-Biden Administration. So once again, the National Institutes of Health (NIH) denied the request that it should “march-in” under the law against the prostate cancer drug, Xtandi, because critics felt it is not “reasonably priced.” Apparently, the petitioners thought that the fourth time would be the charm. Now they know better. And this time, NIH included a subtle, but fatal blow to attempts to go down this path again.
Recent Posts
- EU Publishes Code of Practice as Deadline for AI Act’s Provisions on General-Purpose AI Models Nears
- Will the Federal Circuit Finally Follow Supreme Court Holdings on the Unavailability of the Laches Defense?
- CAFC Upholds Win for Janssen on Patent for Antipsychotic Med Dosing Regimen
- IP Innovators – From Patent Office to Managing Partner: Chris Agrawal’s Journey
- In Sonos v. Google, the Federal Circuit Has a Chance to Fix Its Prosecution Laches Doctrine