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Tagrisso succeeds, targeting patent thickets, & a chat with Califf

March 10, 2023
Biotech Correspondent

Today, we see more proof that there's real hope for many patients with early-stage lung cancer, we get into the thick of it with patent thickets, and we see Bayer attempting to turn itself around with a U.S. expansion. 

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monopolies

It's time to do away with the patent thicket

Lawmakers are finally enacting reforms that prevent drugmakers from extending patent exclusivity, but they aren't getting to the root of the problem, opines veteran IP lawyer Alfred Engelberg. Patent thickets run rampant, he says, and they need to be cleared. The approach allows branded drugmakers to stave off generic competition by engineering trivial changes into a previously patented drug — such as changing a drug from tablet to capsule form.

This alone doesn't prolong a branded drug's monopoly. It does, however, play into a provision of the 1984 Hatch-Waxman Act, which allows the owner of an approved new drug an automatic 30-month injunction for simply saying its patent was infringed upon — even if that is not true. AbbVie made more than $100 billion in extra profit for its top-selling drug, Humira, through these maneuvers.

Congress needs to create fixed time limits for drug patent monopolies, writes Engelberg, who originally helped draft Hatch-Waxman. "Otherwise, brand-name drug manufacturers will continue to find ways to game the system to accomplish the longest possible monopoly for any important drug," he says.

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CANCER

New overall survival data on Tagrisso validate its potency in lung cancer

Early-stage lung cancer patients taking AstraZeneca's genetically targeted drug Tagrisso after their tumors were surgically removed showed statistically significant improvement in overall survival compared to those on placebo, the company says. The 682 patients in the trial had EGFR-mutated non-small cell lung cancer and were treated with the once-daily pill for three years, or until their disease recurred.

The results build on data from May 2020 that showed Tagrisso's "overwhelming benefit" for lung cancer patients with early-stage disease. At that point, 90% of the patients given Tagrisso after surgery were alive without recurrence of their tumors. Then, data this past September showed a median disease-free survival of five-and-a-half years in nearly three-quarters of the patients.

"Today, these exciting overall survival results validate adjuvant Tagrisso as the standard of care in this setting and reinforce the importance of early diagnosis and testing for EGFR mutation in lung cancer," an AstraZeneca oncology exec said in a statement.


biopharma

Bayer prioritizing the U.S.

Bayer is investing more in American biopharma: The drug giant plans to spend $1 billion in drug R&D this year alone, and intends to double its sales in the U.S. by the end of decade, Reuters reports. "It's time for us to double down on the U.S.," said Sebastian Guth, president of Bayer's pharmaceuticals business in the U.S.

This news comes on the heels of Bayer's appointment of a new CEO — longterm Roche executive Bill Anderson. Bayer's former chief executive, Werner Baumann, had a notably rocky tenure and exited earlier than expected. The company's stock has floundered in recent years, after a botched acquisition of agribusiness titan Monsanto. Bayer plans to build up its portfolio of new drugs, and sell the drugs it develops in the U.S. — as opposed to partnering with American companies as it has in the past.


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