NIH responds to Sachs/Love letter on the Xtandi Bayh-Dole safeguards petition, to say, still reviewing

NIH has sent a letter, dated Dec 1, to Robert Sachs and Clare Love, regarding the longstanding petition to HHS to use the federal government’s rights in the patented inventions for enzalutamide, marketed by Astellas in the USA at prices 3 to 7 times higher than in all other high income countries.  According to the NIH:  “We are currently coordinating with HHS to review and assess.”  


We are currently coordinating with HHS to review and assess the information submitted in the 2021 petition requesting the government to use its march-in authority for Xtandi (enzalutamide) to determine whether the initiation of the march-in orocedures outlined in 37 CFR §401.6 may be warranted.

It’s been over a year.  

The NIH was responding to this letter from Sachs and Love.

Probably motivated also by this letter from 19 NGOs,

And a letter from PIRG.

James Love

James Love is the Director of Knowledge Ecology International. Previously, he was an economist for the Center for Study of Responsive Law where he also directed the Consumer Project on Technology and the Taxpayer Assets Project, Senior Economist for the Frank Russell Corporation, and held lecturer positions at Rutgers and Princeton Universities. His KEI webpage is