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

James Love james.love at keionline.org
Wed Dec 20 11:00:45 PST 2017


Merck was the company requesting the compulsory license.

On Wed, Dec 20, 2017 at 1:44 PM, Alicia Mundy <amundy at aliciamundy.com>
wrote:

> 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
> > _______________________________________________
> > Ip-health mailing list
> > Ip-health at lists.keionline.org
> > http://lists.keionline.org/mailman/listinfo/ip-health_
> lists.keionline.org
>
>


-- 
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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