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Targeting costly meds, Biden admin asserts authority to seize certain drug patents
Politico ^ | By ADAM CANCRYN 12/06/2023 03:43 PM EST

Posted on 12/07/2023 5:31:55 AM PST by Red Badger

The decision could give the president another tool to use in his effort to lower drug prices.

The Biden administration has determined that it has the authority to seize the patents of certain high-priced medicines, a move that could open the door to a more aggressive federal campaign to slash drug prices.

The determination, which was described by three people familiar with the matter, represents the culmination of a nearly nine-month review of the government’s so-called march-in rights. Progressives have long insisted that those rights empower the administration to break the patents of pricey drugs that were developed with public funds, in an effort to create more competition and lower prices.

The administration will not endorse the widespread use of march-in rights, and is not expected to take action against any individual medicines, said the people familiar with the matter, who were granted anonymity to discuss internal decision making.

Instead, the Commerce Department on Thursday plans to issue a new framework spelling out factors that federal agencies should weigh in determining whether to take march-in action against expensive drugs or other individual products that were created with federal help. The price and availability of that product to the public are among the factors the department will recommend that agencies consider.

The department will seek public feedback on the framework, which is likely to face sharp opposition from pharmaceutical companies that argue it’s illegal for the government to seize its patents and would disincentivize the development of new drugs.

The White House declined to comment.

The administration’s decision comes as Biden officials seek fresh opportunities to lower drug prices and boost competition within the industry, and amid renewed attention on President Joe Biden’s health agenda.

The White House has scrambled to highlight Biden’s health accomplishments in recent days, after former President Donald Trump suggested he would repeal and replace the Affordable Care Act if elected in 2024.

Biden officials now plan to make a fresh push to put health care at the center of Biden’s reelection platform, rolling out proposals in the coming days that would expand on Democrats’ passage of laws capping insulin prices for Medicare recipients and allowing Medicare to negotiate the price of certain drugs. Biden has also portrayed himself as a chief antagonist of the pharmaceutical industry, casting his drug price policies as central to his administration’s battle against “Big Pharma.”

The Commerce Department and Department of Health and Human Services were already expected to issue their determination on the government’s march-in authority in the coming weeks, the people familiar with the matter said. But the announcement was accelerated in the wake of Trump’s comments, and officials are expected to cite it as evidence that Biden continues to search for new ways to lower prices.

The departments launched their review in March, after the administration rejected petitions to use march-in authorities to seize the patent for a prostate cancer drug called Xtandi.

The Xtandi decision prompted criticism from prominent progressives at the time, including Sen. Bernie Sanders (I-Vt.), who later stalled Biden’s nominee for the National Institutes of Health partly over the administration’s reluctance to use its march-in rights.


TOPICS: Business/Economy; Conspiracy; Government; Health/Medicine
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To: roho

I would think the Drug companies would fight this tooth and nail.

This will bring research and development to a screeching halt.

Who would invest in a new drug that the government can seize at their pleasure????????..............


21 posted on 12/07/2023 5:49:15 AM PST by Red Badger (Homeless veterans camp in the streets while illegal aliens are put up in hotels.....................)
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To: albie

Is this to “slash” drug prices or to make them unavailable to certain people?

***************

EXACTLY my first thought.


22 posted on 12/07/2023 5:51:49 AM PST by Qiviut (If the genocide was unintentional, they would have pulled the poison vaccines, long ago.)
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To: Red Badger

Ah, hah! Now I understand the term “Slash and Burn!”

Slash the drug prices, burn the patent holder and the patients who need these new drugs to be developed.


23 posted on 12/07/2023 5:59:15 AM PST by RouxStir (No Peein' in the Gene Pool )
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To: Red Badger

Trump was already slashing prescription drug prices and approving experimental drugs for people who have debilitating illnesses.

Another government takeover of an industry in underway.


24 posted on 12/07/2023 5:59:22 AM PST by EQAndyBuzz (I AM A ZIONIST HOODLUM!)
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To: Red Badger

Zero chance this gets through the Supreme Court where it will undoubtedly end up. Just another blatant vote grab by an incompetent Administration.


25 posted on 12/07/2023 6:00:32 AM PST by oldskoolwargamer2
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To: oldskoolwargamer2

Don’t count your Viagra before it’s time...................


26 posted on 12/07/2023 6:02:26 AM PST by Red Badger (Homeless veterans camp in the streets while illegal aliens are put up in hotels.....................)
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To: EQAndyBuzz

Another destruction of a main American industry...............


27 posted on 12/07/2023 6:03:00 AM PST by Red Badger (Homeless veterans camp in the streets while illegal aliens are put up in hotels.....................)
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To: Red Badger

“nor shall private property be taken for public use, without just compensation.”

- 5th Amendment


28 posted on 12/07/2023 6:04:55 AM PST by Uncle Miltie (islam is a totalitarian death cult founded by a child rapist.)
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To: Uncle Miltie

29 posted on 12/07/2023 6:06:37 AM PST by Red Badger (Homeless veterans camp in the streets while illegal aliens are put up in hotels.....................)
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To: Red Badger

Everything Government touches, it makes worse

AND

Never underestimate Joe’s ability to really f*ck things up.


30 posted on 12/07/2023 6:10:40 AM PST by usconservative (When The Ballot Box No Longer Counts, The Ammunition Box Does. (What's In Your Ammo Box?))
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To: Lurker

Ayn has been proven right so many times on figuring out the dictator class.


31 posted on 12/07/2023 6:11:38 AM PST by wally_bert (I cannot be sure for certain, but in my personal opinion I am certain that I am not sure..)
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To: Red Badger
The whole purpose of a patent is consideration. If you tell us how you made it, we'll give you a certain number of years of exclusivity in consideration for not taking the secret to your grave as Stradivarius did with his technique for making violins.

If the government will seize it anyway, I won't tell you how I made it and will take the secret to the grave.

32 posted on 12/07/2023 6:22:33 AM PST by T.B. Yoits
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To: Red Badger

How to make pharmacies look like Soviet grocery stores.


33 posted on 12/07/2023 6:25:21 AM PST by KarlInOhio (Democrats' version of MAGA: Making America the Gulag Archipelago. Now with "Formal Deprogramming")
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To: Red Badger

As much as I despise Big Pharma, this would be an unjust seizure of private intellectual property, and unconstitutional.

It’s one more step towards the total nationalization of health care.


34 posted on 12/07/2023 6:25:49 AM PST by I want the USA back (Democracy dies when you take away from those who work and give to those who won't. Khrushchev.)
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To: KarlInOhio

In CALIFORNIA THEY ALREADY DO!...................


35 posted on 12/07/2023 6:26:56 AM PST by Red Badger (Homeless veterans camp in the streets while illegal aliens are put up in hotels.....................)
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To: T.B. Yoits
If the government will seize it anyway, I won't tell you how I made it and will take the secret to the grave.

Then the FDA (read GOVERNMENT) will not allow you to sell it........................

36 posted on 12/07/2023 6:28:18 AM PST by Red Badger (Homeless veterans camp in the streets while illegal aliens are put up in hotels.....................)
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To: Red Badger
Correct, and one more drug never comes to the U.S. market.

Seizing property, especially intellectual property, is a short term, Communist solution that bodes poorly for the government that seizes it.

37 posted on 12/07/2023 6:30:36 AM PST by T.B. Yoits
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To: Red Badger

A real insurrection happened on Jan 6 and it wasn’t by the political prisoners this current government claims it is. We are seeing who the real insurrectionists are every day when stuff like this happens.


38 posted on 12/07/2023 6:34:31 AM PST by metmom (He who testifies to these things says, “Surely I am coming soon.” Amen. Come, Lord Jesus.)
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To: Red Badger

Yeah, like the government taking control of anything makes it better or cheaper.


39 posted on 12/07/2023 6:35:13 AM PST by metmom (He who testifies to these things says, “Surely I am coming soon.” Amen. Come, Lord Jesus.)
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To: T.B. Yoits
One problem with that is the FDA. Drug companies will almost certainly have to give more details to the government in FDA filings to be allowed to sell the drug than they do in a patent. That can be taken just as easily.

Most countries already do this, at least threatening drug companies with confiscation if they don't sell cheaply, so we get hit with full development costs while other countries just pay for incremental manufacturing costs. If we do it either research will slow down on life saving drugs and shift to baldness cures or maybe the manufacturers will be in a position to force European and Asian countries to share in development costs.

40 posted on 12/07/2023 6:35:13 AM PST by KarlInOhio (Democrats' version of MAGA: Making America the Gulag Archipelago. Now with "Formal Deprogramming")
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