Should Sarep­ta’s patents be seized by the gov­ern­ment? Pa­tient ad­vo­cates pitch con­tro­ver­sial drug pric­ing pro­pos­al

Six ad­vo­ca­cy groups are send­ing a big ask to the fed­er­al gov­ern­ment to low­er the price of one rather ex­pen­sive drug for Duchenne mus­cu­lar dy­s­tro­phy, pe­ti­tion­ing health reg­u­la­tors to flex pow­er it’s nev­er ex­er­cised be­fore.

Amidst a years-long de­bate over drug pric­ing, Sarep­ta has hit a sen­si­tive chord with the high price tag of its DMD drug Ex­ondys 51 (eteplirsen), which goes for a around $300,000 per year.

The or­ga­ni­za­tions draft­ed a let­ter to the De­part­ment of Health and Hu­man Ser­vices (HHS), plead­ing that Sec­re­tary Alex Azar act to low­er the price of the drug. Specif­i­cal­ly, the group wants HHS to lever­age a piece of leg­is­la­tion called the Bayh-Dole Act — along with con­trac­tu­al agree­ments with fund­ing agen­cies — to take over own­er­ship of five patents on Ex­ondys 51. They can do that, the group in­sists, be­cause the in­tel­lec­tu­al prop­er­ty was backed by fed­er­al re­search dol­lars. Grant re­cip­i­ents are re­quired to dis­close fed­er­al fund­ing that con­tributes to a patent­ed in­ven­tion on their patent ap­pli­ca­tion — a step that both Sarep­ta and the Uni­ver­si­ty of West­ern Aus­tralia failed to do.

By tak­ing ti­tle to the patents, the HHS could lever­age their po­si­tion to low­er the price of Ex­ondys, the or­ga­ni­za­tions said.

An­a­lysts at Leerink, who cov­er Sarep­ta’s stock $SRPT, sent a note to in­vestors this morn­ing not­ing the un­like­li­hood that such ac­tion would be tak­en by the gov­ern­ment.

“Bot­tom Line: To­day’s let­ter from sev­er­al groups de­liv­ered to HHS Sec­re­tary (Alex) Azar high­lights the lengths that some are will­ing to go in or­der to force drug prices low­er; how­ev­er we be­lieve these groups have an up­hill bat­tle, and even if they were to pre­vail there would be lim­it­ed read through to oth­er rare dis­ease com­pa­nies whose busi­ness mod­els re­ly on pre­mi­um pric­ing.”

Leerink re­minds in­vestors that a sim­i­lar strat­e­gy was used against Gilead, Ver­tex, and No­var­tis, among oth­ers. Those ef­forts failed, an­a­lysts said in a note.

But KEI, one of the or­ga­ni­za­tions that wrote the let­ter, said Leerink’s note is mis­lead­ing.

“If they are re­fer­ring to re­search we’ve sub­mit­ted to HHS on drugs mar­ket­ed by Gilead and oth­er firms, that state­ment isn’t quite ac­cu­rate,” KEI spokesper­son Kim Tre­anor wrote in an email. “Our re­search has been sub­mit­ted very re­cent­ly and is still be­ing re­viewed by HHS, so no res­o­lu­tion to these cas­es has oc­curred as of yet.”

The let­ter writ­ers do ac­knowl­edge, how­ev­er, that the ac­tion they’re re­quest­ing is un­prece­dent­ed:

In the past, the fed­er­al gov­ern­ment has, on sev­er­al oc­ca­sions, asked re­cip­i­ents of fed­er­al grants and con­tracts to cor­rect fail­ures to dis­close fed­er­al fund­ing of the in­ven­tions, but has not ex­er­cised its rights to take the ti­tle of such patents for pur­pos­es of in­flu­enc­ing drug prices. In this re­spect, we rec­og­nize that we are ask­ing HHS to do some­thing new.

And lat­er, the let­ter re­it­er­ates what the or­ga­ni­za­tions are up against:

We re­spect­ful­ly ask for a meet­ing with your staff to fur­ther dis­cuss this is­sue, not­ing that as a prac­ti­cal mat­ter, if the de­ci­sions are del­e­gat­ed sole­ly to the NIH (Of­fice of Tech­nol­o­gy Trans­fer) staff it is high­ly un­like­ly any ac­tion will be tak­en to mod­er­ate the price of this drug.

Read the full let­ter here, writ­ten and sub­mit­ted by KEI, Health GAP, Pa­tients for Af­ford­able Drugs, Peo­ple of Faith for Ac­cess to Med­i­cines, So­cial Se­cu­ri­ty Works and Uni­ver­si­ties Al­lied for Es­sen­tial Med­i­cines.


Im­age: Sarep­ta Ther­a­peu­tics. AP IM­AGES

The Price of Re­lief: Ex­plor­ing So­lu­tions to the Ris­ing Costs of On­col­o­gy Drugs

In 2020, The National Cancer Institute estimated about 1.8 million new cases of cancer diagnosed in the United States, while the costs associated with treatment therapies continued to escalate. Given the current legislative climate on drug pricing, it’s never been more important to look at the evolution of drug pricing globally and control concerns of sustainable and affordable treatments in oncology.

Lat­est news on Pfiz­er's $3B+ JAK1 win; Pacts over M&A at #JPM22; 2021 by the num­bers; Bio­gen's Aduhelm reck­on­ing; The sto­ry of sotro­vimab; and more

Welcome back to Endpoints Weekly, your review of the week’s top biopharma headlines. Want this in your inbox every Saturday morning? Current Endpoints readers can visit their reader profile to add Endpoints Weekly. New to Endpoints? Sign up here.

For those of you who attended #JPM22 in any shape or form, we hope you had a fruitful time. Regardless of how you spent the past hectic week, may your weekend be just what you need it to be.

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A $3B+ peak sales win? Pfiz­er thinks so, as FDA of­fers a tardy green light to its JAK1 drug abroc­i­tinib

Back in the fall of 2020, newly crowned Pfizer chief Albert Bourla confidently put their JAK1 inhibitor abrocitinib at the top of the list of blockbuster drugs in the late-stage pipeline with a $3 billion-plus peak sales estimate.

Since then it’s been subjected to serious criticism for the safety warnings associated with the class, held back by a cautious FDA and questioned when researchers rolled out a top-line boast that their heavyweight contender had beaten the champ in the field of atopic dermatitis — Dupixent — in a head-to-head study.

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Michel Vounatsos, Biogen CEO (World Economic Forum/Ciaran McCrickard)

Bio­gen vows to fight CM­S' draft cov­er­age de­ci­sion for Aduhelm be­fore April fi­nal­iza­tion

Biogen executives made clear in an investor call Thursday they are not preparing to run a new CMS-approved clinical trial for their controversial Alzheimer’s drug anytime soon.

As requested in a draft national coverage decision from CMS earlier this week, Biogen and other anti-amyloid drugs will need to show “a meaningful improvement in health outcomes” for Alzheimer’s patients in a randomized, placebo-controlled trial to get paid for their drugs, rather than just the reduction in amyloid plaques that won Aduhelm its accelerated approval in June.

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‘Skin­ny la­bels’ on gener­ics can save pa­tients mon­ey, re­search shows, but re­cent court de­ci­sions cloud fu­ture

New research shows how generic drug companies can successfully market a limited number of approved indications for a brand name drug, prior to coming to market for all of the indications. But several recent court decisions have created a layer of uncertainty around these so-called “skinny” labels.

While courts have generally allowed generic manufacturers to use their statutorily permitted skinny-label approvals, last summer, a federal circuit court found that Teva Pharmaceuticals was liable for inducing prescribers and patients to infringe GlaxoSmithKline’s patents through advertising and marketing practices that suggested Teva’s generic, with its skinny label, could be employed for the patented uses.

Robert Califf, FDA commissioner nominee (Graeme Sloan/Sipa USA/Sipa via AP Images)

Rob Califf ad­vances as Biden's FDA nom­i­nee, with a close com­mit­tee vote

Rob Califf’s second confirmation process as FDA commissioner is already much more difficult than his near unanimous confirmation under the Obama administration.

The Senate Health Committee on Thursday voted 13-8 in favor of advancing Califf’s nomination to a full Senate vote. Several Democrats voted against Califf, including Sen. Bernie Sanders and Sen. Maggie Hassan. Several other Democrats who aren’t on the committee, like West Virginia’s Joe Manchin and Ed Markey of Massachusetts, also said Thursday that they would not vote for Califf. Markey, Hassan and Manchin all previously expressed reservations about the prospect of Janet Woodcock as an FDA commissioner nominee too.

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UP­DAT­ED: CMS to re­strict cov­er­age of Bio­gen's con­tro­ver­sial Alzheimer's drug to on­ly clin­i­cal tri­als

The Centers for Medicare and Medicaid Services on Tuesday said it will only pay for Biogen’s Aduhelm and other FDA-approved anti-amyloid monoclonal antibodies for Alzheimer’s disease under CMS-approved randomized controlled trials.

The draft national coverage decision, which insurers nationwide are likely to follow, makes clear that CMS will be looking for randomized controlled trials that “demonstrate a clinically meaningful benefit in cognition and function.” That will be a tough task for Biogen, which previously showed conflicting benefits from past Aduhelm trials that were initially cut short due to futility and then resurrected for the accelerated approval.

CRO own­er pleads guilty to ob­struct­ing FDA in­ves­ti­ga­tion in­to fal­si­fied clin­i­cal tri­al da­ta

The co-owner of a Florida-based clinical research site pleaded guilty to lying to an FDA investigator during a 2017 inspection, revealing that she falsely portrayed part of a GlaxoSmithKline pediatric asthma study as legitimate, when in fact she knew that certain data had been falsified, the Department of Justice said Wednesday.

Three other employees — Yvelice Villaman Bencosme, Lisett Raventos and Maytee Lledo — previously pleaded guilty and were sentenced in connection with falsifying data associated with the trial at the CRO Unlimited Medical Research.

Susan Galbraith, AstraZeneca EVP, Oncology R&D

Can­cer pow­er­house As­traZeneca rolls the dice on a $75M cash bet on a buzzy up­start in the on­col­o­gy field

After establishing itself in the front ranks of cancer drug developers and marketers, AstraZeneca is putting its scientific shoulder — and a significant amount of cash — behind the wheel of a brash new upstart in the biotech world.

The pharma giant trumpeted news this morning that it is handing over $75 million upfront to ally itself with Scorpion Therapeutics, one of those biotechs that was newly birthed by some top scientific, venture and executive talent and bequeathed with a fortune by way of a bankroll to advance an only hazily explained drug platform. And they are still very much in the discovery and preclinical phase.

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