[Ip-health] German Federal Patent Court Determines License Fee for a Compulsory License under HIV Drug Patent - 4 percent royalty

Alicia Mundy amundy at aliciamundy.com
Wed Dec 20 10:44:35 PST 2017


Wow - I wonder how Pharma will react 

Alicia Mundy
Washington 
202-360-3950



> On Dec 19, 2017, at 8:33 PM, James Love <james.love at keionline.org> wrote:
> 
> In an important case, a German patent court has decided that Merck will pay
> a 4 percent royalty to Shionogi, for a compulsory license on patents on the
> sale of Isentress, an HIV drug.  The grounds for the compulsory license
> included the public interest in access to the drug by patients living with
> HIV.
> 
> Jamie
> 
> 
> https://www.allaboutipblog.com/2017/12/german-federal-patent-court-determines-license-fee-for-a-compulsory-license-under-hiv-drug-patent/
> 
> 
> German Federal Patent Court Determines License Fee for a Compulsory License
> under HIV Drug Patent
> 
> By Dr. Ulrich Worm on December 18, 2017
> Posted in Germany, Patents, Pharmaceuticals
> 
> On 21 November 2017, the German Federal Patent Court decided about a
> license fee for the HIV-Drug Isentress for which it has granted a
> compulsory license in 2016.
> 
> Background of the Case
> 
> In 2016, Shionogi & Company Ltd, owner of the European Patent EP 1 422 218,
> accused Merck & Co. of violating this patent by selling the HIV drug
> Isentress. The drug has been generating worldwide sales of around USD 1.5
> billion annually since 2012. Shionogi filed a lawsuit with the Regional
> Court of Düsseldorf. Merck opposed by applying for a compulsory license
> with the German Federal Patent Court and also requested a provisional
> allowance order under section 85 of the German Patent Act. In a preliminary
> ruling, the German Federal Patent Court ordered Shionogi to grant a
> compulsory license to Merck & Co. The German Federal Patent Court based its
> decision on the fact that Merck & Co. had made a license offer to Shionogi
> for a worldwide license and that there is a substantial public interest due
> to the paramount importance of the drug for patients with HIV infections –
> please see our previous post on this decision for more information (
> https://www.allaboutipblog.com/2016/11/german-federal-patent-court-grants-compulsory-license-on-hiv-drug-patent/).
> This preliminary ruling was confirmed by the German Federal Court of
> Justice in July 2017.
> 
> The Ruling
> 
> The German Federal Patent Court now decided about the amount of the
> compulsory license fee and held that Merck & Co. has to pay a license fee
> of 4% on the sales of the drug Isentress. The written reasons for this
> decision have not yet been published.
> 
> -- 
> James Love.  Knowledge Ecology International
> http://www.keionline.org/donate.html
> KEI DC tel: +1.202.332.2670, US Mobile: +1.202.361.3040, Geneva Mobile:
> +41.76.413.6584, twitter.com/jamie_love
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