'March-in' bat­tles heat up as non­prof­its pe­ti­tion HHS on 6 drugs as ear­li­er pe­ti­tion awaits de­ci­sion

Eight non­prof­its in­clud­ing Pub­lic Cit­i­zen and PrEP4All are pe­ti­tion­ing HHS Sec­re­tary Xavier Be­cer­ra to use con­tro­ver­sial “march-in” rights to low­er the prices of 6 drugs.

The idea be­hind the let­ter is cen­tered on the Bayh-Dole Act, which al­lows fed­er­al agen­cies to march-in on a fed­er­al­ly-fund­ed in­ven­tion when a rights hold­er fails to achieve “prac­ti­cal ap­pli­ca­tion” of the in­ven­tion, mean­ing that the rights hold­er fails to make the ben­e­fits of the in­ven­tion “avail­able to the pub­lic on rea­son­able terms.”

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