Please join the discussion by adding your comments on any of these stories, and please do let us know if you think we’ve missed something important, or if there is a source you think should be monitored.

You can separately subscribe to the IP Think Tank Global Week in Review at the Subscribe page: http://duncanbucknell.com/subscribe/

Nexavar (Sorafenib) – India: Delhi High Court rejects Bayer complaint for patent linkage (Intellectual Property Watch) (Spicy IP) (GenericsWeb)

Evista / Xigris - US: CAFC grants en banc request to challenge written description requirement: Ariad v Lilly (Patently-O) (Filewrapper) (Washington State Patent Law Blog) (Patent Docs) (Holman's Biotech IP Blog) (Patents4Life)

Singulair (Montelukast) – US: Merck get injunction preventing Teva from selling generic Montelukast: Merck Sharp & Dohme Pharmaceuticals SRL v Teva Pharmaceuticals USA (The IP Factor) (IP Watchdog) (SmartBrief) (SmartBrief) (GenericsWeb)

Patents explained by Medecins Sans Frontieres movie (Innovationpartners)

New book ‘Who Owns You? The Corporate Gold Rush to Patent Your Genes’ perpetuates popular misperceptions surrounding gene patents (Holman's Biotech IP Blog)

Australian pharmaceutical patent term extension for patches and implants: N V Organon; LTS Lohmann Therapie-Systeme AG and Schwarz Pharma Limited (Patent Baristas)

China: Obama Administration and compulsory licensing in China (China Hearsay)

China: Forty-two of Simcere’s generic drugs enter China’s Essential Drug List (GenericsWeb)

EU: A recent review of the SPC scene (The SPC Blog)

Korea: Will Tamilflu ignite another battle for compulsory license in Korea? (Korea IP Law Blog)

US: Senate Agriculture/FDA Appropriations Bill amendment seeks to streamline development and regulation of products for rare and neglected diseases (FDA Law Blog)

US: Professor Grabowski’s economic analysis of data exclusivity for follow-on biologic drugs (Patent Docs)

US: Follow-on biologics news briefs: President Obama wants to speed up introduction of generic drugs; biosimilars pose ‘limited threat’; Amgen CEO says biologic manufacturers will likely retain market share; PhRMA VP says 12 years of exclusivity is needed (Patent Docs)

US: American Enterprise Institute for Public Policy Research presents follow-on biologic ‘reality’ (Patent Docs)

US: Boehringer Ingelheim Pharma seeks review and correction of patent term adjustment calculation (Patent Docs)

Acai berry, Resveratrol – Dr Oz and Oprah sue long list of defendants over unauthorised use of their name, likeness to promote Resveratrol and numerous other dietary supplements, cosmetics and over the counter drugs (The Trademark Blog) (IPKat)

Eloxatin (Oxaliplatin) – US: The Oxaliplatin controversy – a tale of intrigue, secrecy and suspense (FDA Law Blog)

Evista / Xigris - US: CAFC grants en banc request to challenge written description requirement: Ariad v Lilly (Patently-O) (Filewrapper) (Washington State Patent Law Blog) (Patent Docs) (Holman's Biotech IP Blog) (Patents4Life)

Gemzar (Gemcitabine) – US: District Court for E D Michigan grants Sun Pharma’s motion for partial summary judgment, invalidating Eli Lilly’s method-of-use patent for Gemzar (GenericsWeb)

Malarone (Atovaquone and Proguanil) – US: SmithKline Beecham files patent infringement suit against Glenmark following Para IV challenge (Patent Docs)

Nexavar (Sorafenib) – India: Delhi High Court rejects Bayer complaint for patent linkage (Intellectual Property Watch) (Spicy IP) (GenericsWeb)

Plavix (Clopidogrel) – US: USPTO orders re-examination of Plavix patent (GenericsWeb)

Precision Plus Protein Dual Color Standards – US: Life Technologies files patent infringement suit against Bio-Rad over it manufacture and sale of standard protein products including Precision Plus Protein Dual Color Standards (Patent Docs)

Protonix (Pantoprazole) – US: Nycomed, Wyeth file patent infringement suit against Apotex following Para IV challenge (Patent Docs)

Simponi (Golimumab) – US: Bayer files patent infringement suit against Centocor based on manufacture and sale of Simponi (Patent Docs)

Singulair (Montelukast) – US: A. F. of L. files antitrust suit against Merck, alleging fraudulent procurement of a patent, improper listing of patent in Orange Book (Patent Docs)

Singulair (Montelukast) – US: Merck get injunction preventing Teva from selling generic Montelukast: Merck Sharp & Dohme Pharmaceuticals SRL v Teva Pharmaceuticals USA (The IP Factor) (IP Watchdog) (SmartBrief) (SmartBrief) (GenericsWeb)

Let me know what you think. 

Don't be fooled by the 140 characters - there is quite a lot to digest in all of this.  (Note for those trying to follow in Twitter - @DuncanBucknell has changed to @IPThinkTank.)

CIP Forum in Sweden is coming up in early September - it promises to be an incredible few days. I'll be presenting on IP Management and tweeting in between times.

DuncanBucknell can we leave the baggage of the industrial economy behind and instead focus on the benefits of IP in the knowledge economy? #IPBC

DuncanBucknell what processes are you putting in place to get the ROI you should demand for your IP investment? #IPBC

DuncanBucknell LESI's 1 day licensing course sounds like a great idea - #IPBC

DuncanBucknell the relationship between Strategy and Process - combine the 6 sigma blackbelt with IP Strategy - #IPBC

DuncanBucknell Need to further away from allowing IP to managed by legal & as a cost to by business and as a profit centre - #IPBC

DuncanBucknell HP built a separate IP Strategy grp with diverse skillsets (but not legal) - they report into business and work closely with legal #IPBC

DuncanBucknell B4 IP protected the business, now IP is the business - but who will manage these - IP people or Bus people - #IPBC

DuncanBucknell & choosing those to speak @ RT @thinkfireip: #ipbc meta observatin: speaking at conferences can be part of the communication strategy for ip

DuncanBucknell AST (defensive patent aggregator) type of strategy is not about being a long term player - more about short term freedom to operate #IPBC

thinkfireip #ipbc bill Barrett of liquid logic: you must convey value through a story

DuncanBucknell IP Strategy plays a bigger role in smaller businesses - #IPBC - not sure I agree...

DuncanBucknell Chicken or egg - IP strategy first or business strategy first - #IPBC - has to be iterative - each informing the other

DuncanBucknell how can 'IP bubble' ask for more prominence if can't get this right - RT @thinkfireip: #ipbc 2/3rds of deals have title issues initially

DuncanBucknell Flexibility in deploying different approaches over time and across aspects of your business re IP - #IPBC

DuncanBucknell The term 'strategy' is definitely overused in the context of IP - #IPBC

DuncanBucknell do knowledge based businesses need a portfolio of strategies applicable to each area of business? #IPBC

DuncanBucknell understanding which technologies you need to control to achieve your goals is key skill in knowledge economy #IPBC - applies 2 open innov 2

DuncanBucknell So why buy at all? RT @DuncanBucknell: Defensive patent aggregators will take a license if necess isntead of purchase - #IPBC

DuncanBucknell Acacia model - later you leave it in neg & lit the higher price they ask - how doe this relate to damages calculations - #IPBC

DuncanBucknell Is it only after being rebuffed that an inventor will go to an NPE such as ACP or Acacia? Don't they also look for IP? #IPBC

DuncanBucknell Freedom to operate analysis - some industries v complicated, sure but simply ignoring the issue is fraught #IPBC

DuncanBucknell Freedom to operate - steering clear sounds like a v bad idea - wilfullness spectre alone is not sufficient - need to do at least some #IPBC

DuncanBucknell Freedom to operate / freedom of action - are large companies not clearing sufficiently? - #IPBC is this a factor in rise of NPE?

JackDTodd Acacia: no one wants to enforce "weak" patents; no one signs up with an aggregator unless there is actual liability. #IPBC

JackDTodd Defensive patent aggregators ought to engage offensive NPEs to pursue the companies (potential clients) who have not signed up. #IPBC

DuncanBucknell Why don't defensive patent aggregators withdrawing these patents to stop maintenance fees? Bc they want to try recover some $ - #IPBC

DuncanBucknell Is dis-aggregated R&D together w low willingness of larger companies to license driving NPE phenomenon & impact of open innovation? - #IPBC

DuncanBucknell non practiced patents from entities who are making other products - an interesting corollary to NPE issue - #IPBC

DuncanBucknell RPX - past activities of pat owner is impt part of assessing whether to buy - does this incent NPEs to sue 1st so can sell later - #IPBC?

DuncanBucknell defensive patent aggregators - maybe it's ok to focus on US - NPEs aren't as much of a problem elsewhere - #IPBC

DuncanBucknell defensive patent aggregating companies - are they really thinking about global patent portfolios as well or just US? #IPBC

DuncanBucknell Subscriptn services like RPX and AST - if you subscribe for 1 year do you get all prev licences, and do they continue after that year? #IPBC

DuncanBucknell If RPX sell patents - will protect members with perpetual licence - #IPBC - this won't be an effective assignment in many countries, guys

DuncanBucknell RPX takes patents off the market for benefit of members (don't assert them) - so also benefiting others - #IPBC

DuncanBucknell Esp. if around IP reputatn RT @tuyettran: What about discussn of brands & IP that includes how social networking affect reputatn at #IPBC?

JackDTodd IP Practioners have allowed IP to become "commoditized." If a commodity, then it must not be valuable. That is the problem. #IPBC

DuncanBucknell It's a great point that people still seem to talk only about patents and trademarks when discussing IP - v narrow - #IPBC

DuncanBucknell Is the new media currently saturated with the point of view that IP is bad? Certainly in online world that must be right. #IPBC

DuncanBucknell Sure - v different models, regulation, etc - RT @DuncanBucknell: Are the IP issues completely different in green tech vs pharma? - #IPBC

DuncanBucknell Brand IP working group - a v useful initiative - get in touch with Caroline Kamerbeek at Philips to join - #IPBC

DuncanBucknell How does the IP industry, with its varied interests etc. get better at coordinating on key issues (eg. software patents) - #IPBC

DuncanBucknell Distinctiveness - anti IP movement uses emotive messaging - which works - #IPBC

thinkfireip #ipbc kamerbeek "stop the legal talk" be open about deals link to innovators, opportunities created.

thinkfireip RT @DuncanBucknell: Has Rembrandts in the Attic done more damage than anything else to the IP function - CEOs all want a Rembrandt - #IPBC

DuncanBucknell Most messages in mainstream media about IP are about fights and litigation - #IPBC

DuncanBucknell Microsoft regularly reporting metrics to Seniro Execs on patent quality, quantity, costs (inc. perception of quality externally) - #IPBC

DuncanBucknell Fearlessness as a critical requirement for CIPOs - comment on Sunday was build the parapet then stand on it, not just head above it - #IPBC

DuncanBucknell Role of lobbying and communications as part of the IP function? - #IPBC

DuncanBucknell Pt about call otions is that there isn't on;y one 'event' in IP - value goes up w each event - file, issue, enforce, licence, etc - #IPBC

DuncanBucknell Call option approach to valuing IP - sure but only as analogy to make the pt that value is uncertain now and will crystalise later - #IPBC

DuncanBucknell As in many situations, demonstrating IP value is easiest done in hindsight and v hard to do propsectively - #IPBC

DuncanBucknell Is internal or external communication more difficult for the IP function? Doesn't this depend on stage / sophstication of the entity? #IPBC

DuncanBucknell Not sure that I agree that you can't over communicate an IP metric you've picked - you have to pick a good one 1st - #IPBC

DuncanBucknell Tying IP value to margins - ie what premium do we get bc we have this IP for this product - #IPBC - sounds easy huh? it's not.

DuncanBucknell Keep reassessing and iterating your IP valuation model - this is to prove value to internal stakeholders so they get it - #IPBC

DuncanBucknell Creatie your own metrics internally if you need to measure value delivered by IP organisation #IPBC

DuncanBucknell Shouldn't companies be sharing their internal IP valuation models - even within industries to start with? #IPBC

AwakenIP Phelps: IP provides legal scaffolding for creating relationships. If open source & msft (oil & water) could get together, anyone can. #ipbc

DuncanBucknell As you set out to navigate your internal organisation - think about how you can help each of the stakeholders - #IPBC

JackDTodd Microsoft: IP/CIPO must be evangelist for IP and must be able to politic with the business units. Must overcome the internal "No." #IPBC

DuncanBucknell biggest mistake in IP - hiding IP function and hiding IP within organisation - #IPBC

DuncanBucknell Critical that you work on gaining trust and credibility within your organisation is just as important as externally - #IPBC

DuncanBucknell it's not so much how IP function is structured but how well you do your job - Ruud Peters #IPBC

JackDTodd Philips: IP team in company must be "connected" or closely aligned/in synch with business units. #IPBC

jmattbuchanan RT @JackDTodd: MUST capture IP internally when it is created or it will be lost and dissipated. CAPTURE, OPTIMIZE, PROTECT/PATENT. #IPBC

AwakenIP Phelps: Having patent licenses with customers and competitors in other countries can help with governmental relationships abroad. #ipbc

DuncanBucknell Depends on context? RT @AwakenIP: Should CIPO come from business, law or technical backgrounds? Split voting results at #ipbc audience.

DuncanBucknell Same for those tryign to implement open innovation RT @DuncanBucknell: Do wanna be CIPOs need to bc students of change management? #IPBC

DuncanBucknell add - don't care about job title - RT @thinkfireip: #ipbc Cipo qualities: communicatn, negotiatn, taking arrows in back, educate, fearless

DuncanBucknell global, explosive, viral - some of the best of open innovation #IPBC and just try to apply old world IP principles to that :)

DuncanBucknell Do you need to be able to protect with patents to do open innovation? #IPBC

DuncanBucknell Imperative for P&G to tap international networks to spread their open innovation efforts - which networks is an interesting qn #IPBC

DuncanBucknell & industry RT @JackDTodd: Session/CIPO: role of CIPO differs based on company (start-up, large company; M&A activity). #IPBC

DuncanBucknell but how to get them to let you speak? RT @thinkfireip: #ipbc being at right meetings to elevate ip function as critical element.

DuncanBucknell Question = how much of this is true open innovatn & how much just collaboration? RT @DuncanBucknell: open innov in pharma Exelixis #IPBC

DuncanBucknell Also attorney's fees if lose, RT @DuncanBucknell: reducing cost of US pat litigati - discovery, court appointd experts? #IPBC

ipdotcom RT @DuncanBucknell Disconnect between IP industry and CEO's understanding of importance IP - a big theme of this conference #IPBC

DuncanBucknell patent litigation cost in the US is a little out of control - Duane Valz (Yahoo) - yeah but what do we do about that? - #IPBC

DuncanBucknell "If you want to get rid of the NPEs, you're burning down the house to get rid of mice" - Ralph Eckardt #IPBC

DuncanBucknell Getting IP on to the balance sheet - sure - but don't we have to agree on some valuation first? #IPBC

DuncanBucknell Ralph Eckardt building a case that enforceability of patents increases R&D spending - (of course), what's next though? #IPBC

DuncanBucknell Incredible that USPTO may be become more application friendly just because they have budget shortage as a result of many abandonments #IPBC

DuncanBucknell Like many, GSK are abandoning many patents & TMs - impressive that they are also bundling some with data for proposed outlicense - #IPBC

DuncanBucknell Damages apportionment - I don't think it is a good idea to have different patent systems for different industry segments - #IPBC US patents

riemannzeta MFM: based on description by panelists, Chinese IP Office may within 10 years become the most important in the world. More efficient. #IPBC

The key message this month continued the theme from last month around the role of Chief Intellectual Property Officers.  We picked up on some brilliant comments from Marshall Phelps and Bill Elkington and reinforced the point that the focus should be on the role and not the title. 

As always, we had a lot of fun hosting the Blawg Review this month and Marie Louise did a sterling job with a carnival atmosphere for #222.

In our opinion, the biggest news in the IP world this month was a tie between the ongoing debate over data exclusivity for follow-on biologics in the USA, and also in pharmaceuticals, the release of the European Commission Report on competition in the European pharmaceutical market.

The best podcast moment was the brilliant discussion about intangible assets between Suzanne Harrison, Sharon Oriel, Ron Laurie, Jeremy Phillips and Duncan.

(Photo credit: kitty b wonderful)

Particularly worth a read

3 interesting things in this issue were:

(1) A great review of the increasingly important Customs Seizures practices in Europe by Christoph Cordes;

(2) 60 University spin-outs in 3 years, 94% still alive, lowest cost per spin-out in the US - Utah's model for University commercialisation; and

(3) Valuation of software and the importance of confidential information by Dwight Olson.

Most surprising was the concern expressed in one article over the magnitude of the impact in Canada of the Quanta patent exhaustion decision by US Supreme Court.

Find out more at: the Licensing Executives Society International website.

3 interesting things in this issue of IAM Magazine were:
(1) The twice yearly ‘Practice Business Review’ sessions held at Microsoft and their ongoing efforts to quantify the value that the IP function adds;
(2) Despite great strides made by numerous large pharmaceutical companies, Oxfam still finds much to complain about rather than congratulate and collaborate about; and
(3) William Barret’s piece on crazy inventions and their place in allowing innovation (and invention?) to flourish – particularly when contrasted with Craig Opperman’s piece on the ‘Elephant in the Room’ (which basically highlights the elderly chestnut that senior executives should focus on patent quality, not quantity).

Most surprising was the quote: “At present we don’t have a coherent, unified approach to applying antitrust principles to IP-related activities and transactions.” from Horacio Gutierrez, Microsoft’s Chief Intellectual Property Officer.  Actually, after the initial surprise, it makes a great deal of sense.  The overlap between IP and Competition law is incredibly complex, particularly when you overlay the many differences that arise across national boundaries.

Find out more at: www.iam-magazine.com 
 

• Pharmaceutical and biological data exclusivity in the United States and Brazil;
• Geographical Indications in Europe and Brazil;
• European Court of Justice decisions on the Madrid protocol, ownership of Community Designs and Geographical Indications;
• Communicating IP Value; and
• Using social networking for good - Jeremy's Tweet and Retreat principle.

We hope you enjoy this week's show, and as always, we look forward to your comments and feedback.

Links:

People

Jeremy Phillips - http://www.jeremyphillips.eu;  http://ipkitten.blogspot.com/

Jose Carlos Vaz e Dias - http://www.diblasi.com.br/?mod=profissionais&sec=escritorio&prof=Jose-Carlos-Vaz-e-Dias

Firstly, thanks

In our opinion, the biggest news in the IP world this month was the Swedish Pirate Party winning a seat in the  EU parliament.

There were also some big IP wins for some of our clients in the news, but we can’t mention them here, except to say congratulations again.

The best podcast moment was the US, Europe and China discussion with Hal Wegner, Weijiang Si and Jeremy Philips.

In other news we’re delighted to be adding a second outstanding Indian team member to our firm.  We’re looking forward to when she can start.  We’re currently in discussions with potential team members from China and the USA.

Finally, we’ve decided to open up the IP Think Tank’s virtual doors to allow others to publish high quality articles in our articles area.  We have a number of research projects ongoing and will be keen to collaborate when appropriate as well.  Please do let us know if you would like more information about this initiative.
 

(Photo credit: marcelgermain)

• The rise and rise of the Pirate Party in Europe and future implications;
• The demise of Loi Hadopi (France's 3 strikes law); and
• Seizure of generic drugs transiting through Europe.

We hope you enjoy this week’s show, and as always, we look forward to your comments and feedback.

Stay tuned for popular guests Hal Wegner and Weijang Si on next week’s show.

Having said that, if you're so minded, by all means, please do head over to Gene's blog and vote for IP Think Tank - much appreciated.

It's also a great way to discover some great patent blogs, so take a look.

(Photo credit: farlane)

You can get a copy of the slides from the presentation from our articles page at www.DuncanBucknell.com/articles/660.

We hope you enjoy this week's show, and as always, we look forward to your comments and feedback.

Links:

Copy of the presentation slides:  www.DuncanBucknell.com/articles/660

In this presentation Duncan reviews the current contentious strategic approach to intellectual property in the pharmaceutical industry.  He then looks at the fast paced change that is already overwhelming some parts of the industry and, looks to other industries for examples of alternative strategic approaches.  The presentation finishes with some key suggestions and practical examples relating to much greater and more open collaboration between pharmaceutical companies.

Click here or on the 'download media' link at the top of this page for a copy of the slides.

You can download and listen to a podcast of Duncan presenting this material in our podcast area.

Half of all US patents will lapse at the 12 year mark, and the number will be significantly higher the longer you leave it.  The numbers are higher in other jurisdictions where maintenance fees are payable each year.

So next time you identify a patent that looks to be of concern during a freedom to operate exercise, think carefully about the actual future date that you will be wanting to launch. 

It may well be that you can wait it out a while before deciding whether to 'invent around' or develop an invalidity position for the patent.  (And, sure, if you have the funds now, then go ahead and develop an invalidity position as well - but that's not everyone at the moment...)

Gregory Glover - http://www.pharmalawgrp.com/biography.html

• Patent reform in the United States,
• Patent harmonisation and patent damages,
• The economic crisis and intellectual property practice, and
• Some solutions to the overabundance of lawyers.

We hope you enjoy this week's show, and as always, we look forward to your comments and feedback.

Links:

People

Jeremy Phillips - http://www.jeremyphillips.eu; http://ipkitten.blogspot.com/

Hal Wegner - http://www.foley.com/people/bio.aspx?employeeid=16338

Here is a list of resources and links that I'm currently aware of about the issue - please do let me know if you have any more - I will come back and update this list.

• Post at LawFont by Australian intellectual property scholar, Kimberly Weatherwall;
• The Australian Financial Review article (subscription required);
• Post and commentary at Club Troppo blog and subsequent post at blogotariat;
• My post here on 8 April introducing the issue and calling for comment;
• Our IP Think Tank podcast interview with Economist, Nicholas Gruen and leading Indian Intellectual Property scholar, Shamnad Basheer;
• Discussion with Economist, Nicholas Gruen on the Australian Broadcasting Commission's Science Show;
• A submission to the Joint Trade Sub Committee of the Parliament of Australia on behalf of Hospira, one of the main proponents of the suggested changes; and
• Generic Medicines Industry Association (GMiA) Press Release

(Photo credit: jurvetson)

Here are the slides from Duncan's presentation at Medical Devices Law & Policy Conference in Sydney, Australia.  (Click here or the 'download media' link to the right of this page.)

You can download and listen to a podcast of Duncan presenting this material in our podcast area.

Amongst other things, Duncan discusses:

• Whether medical devices are like pharmaceuticals when it comes to IP strategy;
• The downside of confining patents to being competitive weapons;
• The top things to consider in contentious IP Strategy;
• Using IP to add value;
• IP systems and processes; and
• Cross licensing.

Amongst other things, Duncan discusses:

• Whether medical devices are like pharmaceuticals when it comes to IP strategy;
• The downside of confining patents to being competitive weapons;
• The top things to consider in contentious IP Strategy;
• Using IP to add value;
• IP systems and processes; and
• Cross licensing.

You can obtain a copy of Duncan's slides for the talk from our articles area.

We hope you enjoy this week's show, and as always, we look forward to your comments and feedback.

Links to articles mentioned in the presentation:

• The '6 T's' - Analysing IP - put simply
• Relative cost and time to judgment in IP litigation - Value for money in global patent litigation
• IP Strategy and the Art of War (I) - External Advisors - http://www.iam-magazine.com
• IP Strategy and the Art of War (II) - In House Team - (soon to be published)

We hope you enjoy this week's show, and as always, we look forward to your comments and feedback.

Links:

Previous post at IP Think Tank and related links -

http://duncanbucknell.com/blog/612

People

Shamnad Basheer - http://spicyindia.blogspot.com/

Nicholas Gruen - http://www.lateraleconomics.com.au/

While blockbuster molecules have driven the growth of the Pharmaceutical Industry, the last decade has been a rough path for Innovator Pharmaceutical Companies due to low success rates in developing new drug products, increasing costs and clinical research times lines, shrinking research pipeline, increasing generic competition, Regulatory Compliance  etc. With Drugs worth about $60 billion going off patent and the absence of any new blockbuster drugs, the innovator companies have been suffering a constant revenue loss.

As a result, the companies have constantly adopted new strategies to maintain a reasonable growth rate. For instance, the $68bn acquisition of Wyeth was driven by Pfizer's need to sustain a product pipeline ahead of the expiry of patent protection on its blockbuster cholesterol drug Lipitor in 2011.  Another example is Merck’s authorized generic deal with Dr. Reddy’s and it’s negotiations with health insurers to sell its Simvastatin (Zocor) on par with the generic.

The most recent of all, is the Bristol Myers-Otsuka’s extension of Abilify (Aripiprazole) sales agreement upto 2015. As per the deal, Bristol Myer will pay Otsuka $400 million initially for the extension and an increasing portion of product sales. Bristol-Myer’s share of U.S. sales will constantly decrease from 65% to 50% staring from 2010 through 2013. Otsuka will also take on some 30% of development cost from 2010 through 2012 and 50% of the costs from 2013 through April 2015. Also as part of the agreement, the companies will collaborate on co-marketing of Bristol-Myers’s anticancer drug Sprycel and development planning of it’s anticancer Drug Lxempra.  The deal is expected to take care of at least the Abilify revenue stream. 

While innovator companies are definitely transforming their strategies to take care of the potential losses due to patent expiration, alternate growth strategies will increasingly be a part of the way forward.

Photo credit: aussiegall

The Australian Financial Review ran a piece as did the the popular 'Club Troppo' Blog and Blogotariat.  No doubt there will be more to come.  One of the perceived issues is whether Australia would be complying with both TRIPS and the US Free Trade Agreement in doing so.

Leading Australian Intellectual Property Academic, Andrew Christie noted in a 2002 Report to the Australian Government that the Australian legislation already allows manufacture for export.  (Review of Pharmaceutical Patent Extensions and Springboarding Provisions in Various Jurisdictions, 2002. - let me know if you want a copy and I will send it to you.)

What do you think?  Should countries be allowed to have an exemption from patent infringement solely for manufacture and export?

Photo credit: CarbonNYC