[Ip-health] KEI opposition to U.S. Army grant of exclusive license to Sanofi on patents for Zika virus vaccine

Jamie Love james.love at keionline.org
Thu Dec 22 06:05:07 PST 2016

We filed this yesterday.  Copies of the KEI submission and FOIA request are
on the web page.   We expect to hear something from the Army on the request
for the extension of time to comment on the license, and we have since also
asked the Army an additional question about Sanofi's compliance with 35 USC
209(f).   There are similarities between the NIH/Kite case and this one
between the Army and Sanofi.   If members of congress want to do something
about drug prices, they might want to think about doing something before
they grant a monopoly, and since things are generally more difficult after.



​KEI opposition to U.S. Army grant of exclusive license to Sanofi on
patents for Zika virus vaccine

December 21, 2016 -- KEI has filed comments with the U.S. Army Medical
Research and Materiel Command (USAMRMC) on the proposed grant of an
exclusive license to Sanofi on patents on a vaccine for Zika Virus.

The proposed license was announced in the Federal Register, here:

KEI requested information about the proposed license, but the Army declined
to answer any questions about the technology being licensed, the amount of
money spent by the Army on its development, the clauses in the license on
the pricing of the vaccine, or the term of the license. Our initial request
for information was filed December 9, 2016, the day the public notice
appeared: letter dated December 9, 2016.

The Army required KEI to file a FOIA request to obtain information, which
will not be processed until long after the December 24, 2016 deadline for
public comments.

In addition to the exclusive licenses, Sanofi currently has a CRADA with
Walter Reed Army Institute of Research and a $43.2 million grant from BARDA
to conduct clinical trials on Zika.

The comments filed by KEI on December 21, 2016 ask for an extension of time
for the public to comment, disclosure of more information about the
proposed license and the technology, and proposed a number of provisions in
the license to improve transparency and to address our concerns over
pricing and affordability of the vaccine in the United States and also in
developing countries.

James Love.  Knowledge Ecology International
KEI DC tel: +1.202.332.2670 <(202)%20332-2670>, US Mobile: +1.202.361.3040
<(202)%20361-3040>, Geneva Mobile: +41.76.413.6584
<+41%2076%20413%2065%2084>, twitter.com/jamie_love

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