[Ip-health] Statement on Oil States

Priti Krishtel priti at i-mak.org
Tue Apr 24 08:40:47 PDT 2018


Dear Colleagues,

Big news this morning from the Supreme Court.  The Court ruled on Oil
States Energy v. Greene's Energy Group and upheld the constitutionality of
the process known as *Inter Partes Review*, which I-MAK used to file the
first-ever U.S. patent challenges on Gilead's hepatitis C drugs. If we win,
U.S. patients and payers could save $10 billion and generics can get to
market 16 years faster.

See our statement below:

*I-MAK Applauds Supreme Court Ruling That Helps Fight High Drug Prices*


Today, in response to the U.S. Supreme Court’s ruling
<https://www.supremecourt.gov/opinions/17pdf/16-712_87ad.pdf> on Oil States
Energy Services v. Greene’s Energy Group, *Initiative for Medicines, Access
& Knowledge co-founder and executive director Tahir Amin* said:


*“The Supreme Court’s ruling marks a victory to ensure the American patent
system works responsibly and reasonably to get true inventions into the
hands of consumers, patients and families.*


*When it comes to deciding which patents are merited and which are not, the
Patent Trial and Appeal Board plays a critical quality control function.
And affirmed by the Court’s ruling, we’re on the right path to removing
unmerited patents that drive up drug prices and block too many people from
getting the treatment they need. Healthy competition in our marketplace won
today.”*


With more than 80 percent
<http://thehill.com/policy/healthcare/372346-poll-majority-of-voters-say-lowering-drug-prices-should-be-priority-for>
 of voters calling for lower drug prices, I-MAK’s research has found
<http://www.i-mak.org/wp-content/uploads/2017/10/Excess-Costs-Briefing-Paper-FINAL_-2017-10-24.pdf>
 that a Supreme Court decision in favor the Patent Trial and Appeal Board
will have far-reaching implications for the health of Americans. For too
long, pharmaceutical companies have used unmerited patents and other legal
maneuvers to prolong monopolies and charge unaffordable prices for
lifesaving medicines. In an amicus brief
<http://www.i-mak.org/wp-content/uploads/2017/10/Oil-States-I-MAK.pdf>
submitted
to the Supreme Court, I-MAK noted that the patent office’s *Inter Partes
Review* process  “*is an important and necessary tool in the fight to lower
drug prices because it allows the timely removal of unmerited patents,
which promotes competition.”*


This fall, I-MAK filed an unprecedented set of patent challenges
<https://www.bloomberg.com/news/articles/2017-10-25/gilead-patents-on-sovaldi-drug-challenged-by-consumer-group>
 with the U.S. Patent Trial and Appeal Board against eight patents
<http://www.i-mak.org/2017/12/06/i-mak-files-two-new-u-s-patent-challenges-on-gileads-hepatitis-c-portfolio/>
 used to create Gilead’s hepatitis C treatment, sofosbuvir. If these eight
core patents are ruled unmerited, U.S. taxpayers will save $10 billion and
generics can get to market 16 years earlier.


I-MAK’s previous work <http://www.i-mak.org/impact/> on just four HIV drugs
has helped save government health programs $1 billion in the last 12
years. Today,
the organization’s legal work and research has expanded to 49 countries and
20 treatments for eight diseases, including hepatitis C, HIV, leukemia,
tuberculosis, diabetes, cancer, and blood-related disorders.

Please don't hesitate to reach out if we can provide any additional
information. Thanks for all you do.

Best,

Priti Krishtel


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