KEI Comment to NIST on “Available to the Public on Reasonable Terms”

On February 6, 2024, KEI submitted comments to the National Institute of Standards and Technology (NIST) regarding the Draft Interagency Guidance Framework for Considering the Exercise of March-In Rights (88 FR 85593). This set of comments outlined that the draft… Continue Reading

NIST Draft Guidance on Exercising March-in Rights

The National Institute of Standards and Technology (NIST) issued a Request for Information on December 8, 2023 regarding the “Draft Interagency Guidance Framework for Considering the Exercise of March-In Rights” (88 FR 85593). The request follows a nearly year-long interagency… Continue Reading

KEI Comment to NIST on Transparency of March-in Proceedings

On December 8, 2023, the National Institute of Standards and Technology (NIST) issued a Request for Information regarding the “Draft Interagency Guidance Framework for Considering the Exercise of March-In Rights” (88 FR 85593). Today KEI submitted comments to NIST regarding… Continue Reading

Prostate cancer patients ask Secretary Beccera to act on their appeal of rejection of the Xtandi march in and government use petititon

On December 19, 2023, three prostate cancer patients, Robert Sachs, Clare Love and Eric Sawyer, sent a letter to Secretary Becerra asking that he act on their appeal of the rejection of their petition, asking the federal government to use… Continue Reading

FTC asked to use its advocacy role in the Xtandi case

The U.S. Federal Trade Commission (FTC) mission “is protecting the public from deceptive or unfair business practices and from unfair methods of competition through law enforcement, advocacy, research, and education.” https://www.ftc.gov/about-ftc/mission The advocacy role of the FTC includes to “Advance… Continue Reading

Cancer patients file administrative appeal on NIH rejection of Xtandi march-in petition with Secretary of HHS Becerra

On March 23, 2023, three prostate cancer patients, Robert Sachs, Clare Love and Eric Sawyer, filed an administrative appeal of the NIH decision to reject petition that HHS use Federal rights in patents on Xtandi to address pricing discrimination against… Continue Reading

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… Continue Reading

Letter to Secretary of HHS Xavier Becerra regarding Xtandi march-in case from Robert Sachs and Clare Love

SecBecerra-18Nov2022-Sachs-Love-Xtandi November 18, 2022 Xavier Becerra Secretary Department of Health & Human Services Washington, DC Via Email: xavier.becerra@hhs.gov Dear Secretary Becerra: Today marks the one-year anniversary since the undersigned prostate cancer patients petitioned the Department of Health & Human Services… Continue Reading

NIH Questioned about Xtandi and March-in Rights during Congressional Hearing

On Wednesday May 11, 2022, the National Institutes of Health (NIH) was asked about Xtandi and march-in rights during a Congressional hearing. The House Appropriations Committee held a hearing on the FY2023 Budget Request for the NIH, and Representative Mark… Continue Reading

Senators Tillis and Blackburn’s February 24, 2022 Letter to HHS Opposing the Use of Bayh-Dole March-in Rights

(More on this topic here: https://www.keionline.org/xtandi2021) On February 24, 2022, Senators Thom Tillis and Marsha Blackburn sent a letter to HHS Secretary Xavier Becerra (PDF copy). The letter refers to “petitions to march-in on a pharmaceutical product purely based on… Continue Reading