[Ip-health] NIH is urged to probe Aegerion patents for failing to disclose federal funding

Kim Treanor kim.treanor at keionline.org
Tue Mar 20 08:31:46 PDT 2018


NIH is urged to probe Aegerion patents for failing to disclose federal
Ed Silverman in Stat News on 20 March 2018

An advocacy group has asked the National Institutes of Health to
investigate whether several patents held by Aegerion Pharmaceuticals failed
to disclose federal funding for grants that were used to develop a pricey
cholesterol treatment.

In its request, the advocacy group cited a federal database showing six
patents were awarded to the University of Pennsylvania, where an academic
researcher used NIH grants to develop a drug called Juxtapid, which was
later licensed to Aegerion Pharmaceuticals. The school has received more
than $68 million in grants for research led by Dr. Daniel Rader, who chairs
the genetics department at the Perelman School of Medicine, and at least
$293,000 pertained to his work on Juxtapid, according to Knowledge Ecology
International, the advocacy group.


The drug is used to treat a rare and inherited form of high cholesterol
known as homozygous familial hypercholesterolemia and is expensive. The
wholesale price for a package of 28 5mg or 10mg capsules has more than
doubled since the drug became available in late 2012 — from $18,000 to
$37,000, according to Truven Health Analytics, an IBM Watson business.

“If the government takes title, there’s an opportunity to permit
competition 7 1/2 years early for a drug that costs more than $1,000 a
day,” said Jamie Love, who heads Knowledge Ecology International.


Under a federal law known as the Bayh-Dole Act, as well as federal
regulations, a grant recipient is required to disclose federal funding that
contributed to an invention, and include language in patent applications
and any patent describing the role the funding played. The advocacy group
contended that UPenn failed to take this step for the patents.


Kim Treanor
Knowledge Ecology International
kim.treanor at keionline.org
tel.: +1.202.332.2670 <(202)%20332-2670>

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