James Love's blog

Gilead in 2013: AbbVie sought to eliminate competition and dominate market for HCV drugs

I had not seen this lawsuit filed by Gilead against AbbVie and Abbott before. It is an interesting read. According to Gilead:

Abbott executives and “inventors” conspired and carried out the initial steps of the company’s scheme by filing serial fraudulent patent applications asserting that Abbott had invented methods of treating HCV using PSI-7977 as well as the Gilead Combination (as well as thousands of combinations of Abbott’s other competitors’ HCV compounds). The first of these applications is dated October 21, 2011.

KEI asks FTC to investigate Shire decision to abandon efforts to compete in US market for Fabry’s disease treatments

July 15, 2014

Knowledge Ecology International (KEI) asks the FTC to investigate Shire decision to abandon efforts to compete in US market for Fabry’s disease treatments. Letter to FTC provides evidence of possible conspiracy to segment markets, involving licensing of an NIH funded invention for use in Europe, in return for abandoning efforts to enter US market.

For More Information:

James Love, Knowledge Ecology International
Email: james.love@keionline.org
Tel +1.202.332.2670
Cell +1.202.361.3040

US Court issues compulsory license for know-how protected as trade secret

In "Compulsory License as a Remedy for Trade Secret Misappropriation, Dennis Crouch writes* about a July 1, 2014 decision in Sabatino Bianco, M.D. v. Globus Medical, 2:12-cv-00147 (E.D. Tex 2014). The decision by Judge Bryson, a U.S. Circuit Judge in the Eastern District of Texas, concerns trade secrets which:

"consisted of ideas for the design of a medical device known as an adjustable intervertebral spacer or implant. Intervertebral spacers are used in spinal surgery to replace damaged discs in patients’ spines."

Senators Wyden and Grassley launch investigation of pricing of Sovaldi, treatment for Hepatitis C Virus

Senators Wyden and Grassley have written a very tough request for documents about the pricing of Sovaldi, sent to John C. Martin, the Chair and CEO of Gilead Sciences.

The eight page letter sets out in 21 number paragraphs and countless sub-paragraphs a set requests for documents and information related to a very sweeping number of issues relating to Hepatitis C, and the pricing of Sovaldi (Gilead's brand name for sofosbuvir).

The Grassley press release on the letter is here:

Draft conclusions, SCCR 28, 10 PM version

KEI statement on library exceptions at WIPO SCCR 28

These are the notes from my statement on behalf of KEI on July 3, 2014, during the WIPO SCCR 28 discussions of principles and objectives for library copyright exceptions. The WIPO discussions on July 3 focused on the four topics in the US paper, SCCR/26/8.

I will start with comments on the statements made by the Federation of Independent Journalists, which were critical of library copyright exceptions, and authors who don't make a living directly from royalties.

All authors have used libraries. Some authors still use libraries.

TACD intervention at SCCR 28, on library copyright exceptions, objectives and principles

This was read today at SCCR 28, by Anelise Rose, who works with KEI, on behalf of TACD.


TACD Intervention on US paper SCCR/26/8,


Videos from TACD's June 25, 2014 side event on intellectual property in the US, EU trade agreement (TTIP)

The following are videos from TACD's June 25, 2014 side event on intellectual property and the proposed Transatlantic Trade and Investment Partnership (TTIP) agreement.

World Health Assembly (WHA 67) agrees to create pooled R&D fund, endorses delinkage of R&D costs from product prices

Today the World Health Assembly (WHA) reached consensus on a "decision", WHA67(15), regarding the Consultative Expert Working Group (CEWG) on Research and Development.

KEI intervention on Library Access to Orphan works, at SCCR 27

KEI and other NGOs attending SCCR 27 have been able to make interventions on various articles in the proposed library treaty. On the issue of library access to orphaned works, KEI's intervention covered the following points, and made a proposal for text.

1. There is ample evidence that national approaches to providing access to orphan works is quite diverse.
2. The diversity of approaches have been used by some to express pessimism that this issue can be addressed in a treaty.

The six countries listed in the Special 301 list, every year, had much higher growth of incomes than USA

According to USTR's 2014 report, six countries have been listed on the Special 301 list "every year since the report's inception." The six countries that have appeared on the Special 301 list every year were Chile, China, India, Indonesia, Thailand and Turkey.

KEI opposes negotiations at WIPO on a broadcasting treaty

KEI comment to SCCR 27 on the proposed Broadcasters Treaty

KEI is a non-profit organization representing consumer and public interests and seeking better outcomes for knowledge governance.

KEI opposes continued discussions in the SCCR on the treaty for broadcasting, for the following reasons.

1. The broadcasting organizations have failed to explain (a) the problem the treaty is supposed to address, (b) how the proposed text is related to the alleged problem.

32 Members of US House of Representatives ask USTR to sanction Canada for not granting patents on drugs

The attached letter, dated April 10, 2014 and signed by a bipartisan group of 32 members of the House of Representatives, asks USTR to elevate Canada to the Special 301 "priority watch list," for "violation of their international obligations" for not granting enough patents on "innovative medicines." According to the members of Congress signing the letter, Canada is in violation of its WTO TRIPS obligations.

KEI comment on ViiV license to Medicines Patent Pool for HIV drug dolutegravir (DTG)

On April 1, 2014, ViiV, a consortium of Pfizer and GSK, and the Medicines Patent Pool (MPP), announced two new licensing agreements that expand generic competition for dolutegravir (DTG), and integrase inhibitor used for the treatment of adult and pediatric HIV infection. (MPP press release here.) Dolutegravir is a new drug, approved for marketing by the US FDA on August 12, 2013.


ZEIT ONLINE has published the EU's July 2, 2013 proposals for TRADE IN SERVICES, INVESTMENT AND E-COMMERCE in the TTIP negotiation. A copy of the proposal is available here. Tags: ISDS, TTIP

Chapter I General provisions
Chapter II Investment
Chapter III Cross border supply of services

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