Comments on: Wyeth Raises The Stakes: Ships A Generic Protonix http://www.pharmalot.com/2008/01/wyeth-raises-the-stakes-ships-a-generic-protonix/ News, Comment and Conversation Fri, 10 Feb 2012 21:32:38 +0000 http://wordpress.org/?v=2.6.2 By: Aftab http://www.pharmalot.com/2008/01/wyeth-raises-the-stakes-ships-a-generic-protonix/#comment-178804 Aftab Tue, 26 Feb 2008 14:39:11 +0000 http://www.pharmalot.com/2008/01/wyeth-raises-the-stakes-ships-a-generic-protonix/#comment-178804 Generic launch by innovator before expiry of product patent is surprising. If it is strategic to launch a generic version of an enforced product (eg protonix), then it may threat to generic companies. Innovators may try to capture generic market after taking the benefit of first entry. It seems to be a better option, if product patent is about to expire within 1-2 year and there a chances of litigation. So this decision may have taken on the basis of loss over benefit. Anyway consumers are in benefit. Generic launch by innovator before expiry of product patent is surprising. If it is strategic to launch a generic version of an enforced product (eg protonix), then it may threat to generic companies. Innovators may try to capture generic market after taking the benefit of first entry. It seems to be a better option, if product patent is about to expire within 1-2 year and there a chances of litigation. So this decision may have taken on the basis of loss over benefit. Anyway consumers are in benefit.

]]> By: PIV http://www.pharmalot.com/2008/01/wyeth-raises-the-stakes-ships-a-generic-protonix/#comment-122484 PIV Wed, 30 Jan 2008 16:03:56 +0000 http://www.pharmalot.com/2008/01/wyeth-raises-the-stakes-ships-a-generic-protonix/#comment-122484 My understanding is that the litigation is based on an obviousness argument. Both Teva and Sun have stipulated to infringement of the patent if it's upheld as valid. Sun just announced that it's going ahead with an at-risk launch as well. It's pretty clear that Teva and SUn are both confident they will prevail if the case goes to trial or it's unlikely they would have launched at-risk. My understanding is that the litigation is based on an obviousness argument. Both Teva and Sun have stipulated to infringement of the patent if it’s upheld as valid.

Sun just announced that it’s going ahead with an at-risk launch as well. It’s pretty clear that Teva and SUn are both confident they will prevail if the case goes to trial or it’s unlikely they would have launched at-risk.

]]> By: Nathan http://www.pharmalot.com/2008/01/wyeth-raises-the-stakes-ships-a-generic-protonix/#comment-122237 Nathan Wed, 30 Jan 2008 13:35:50 +0000 http://www.pharmalot.com/2008/01/wyeth-raises-the-stakes-ships-a-generic-protonix/#comment-122237 This is a unique case -- the "composition of matter" patent does not expire till 2010. This is not a case of Wyeth trying to extend the patent life by getting a patent on some slight variant of the active ingredient or some other sneaky approach. This the original patent. I agree with Bernard when he says "Compound patents represent the foundation of pharmaceutical innovation". If the patents aren't enforced, what hope does the industry have? Does anyone know what the basis for Teva's challenge is? What do they think is invalid about Wyeth's patent? This is a unique case — the “composition of matter” patent does not expire till 2010. This is not a case of Wyeth trying to extend the patent life by getting a patent on some slight variant of the active ingredient or some other sneaky approach. This the original patent. I agree with Bernard when he says “Compound patents represent the foundation of pharmaceutical innovation”. If the patents aren’t enforced, what hope does the industry have?

Does anyone know what the basis for Teva’s challenge is? What do they think is invalid about Wyeth’s patent?

]]> By: Outside the Box http://www.pharmalot.com/2008/01/wyeth-raises-the-stakes-ships-a-generic-protonix/#comment-122148 Outside the Box Wed, 30 Jan 2008 12:50:18 +0000 http://www.pharmalot.com/2008/01/wyeth-raises-the-stakes-ships-a-generic-protonix/#comment-122148 It is about time. Given that the majority of any remaining branded sales following patent expiry are from a loyal group of customers who, for what ever reason, want to stick with the brand, it makes perfect sense for the owner of the brand to launch the generic. They can gain market position as a result of being the owner of the product and can keep a large share of the volume they would have otherwise lost (which presumably keeps the margin on the remaining branded sales even higher). All ways round this is a win for Wyeth and a loss for Teva. I am convinced that patent owners are only just beginning to scratch the potential for EOPL planning (even though they all talk a good story). This is one strategy that has to make sense (as I am sure does launching a generic prior to patent expiry with a view to killing the generic market before the generic manufacturers can get in). It is about time. Given that the majority of any remaining branded sales following patent expiry are from a loyal group of customers who, for what ever reason, want to stick with the brand, it makes perfect sense for the owner of the brand to launch the generic. They can gain market position as a result of being the owner of the product and can keep a large share of the volume they would have otherwise lost (which presumably keeps the margin on the remaining branded sales even higher). All ways round this is a win for Wyeth and a loss for Teva.

I am convinced that patent owners are only just beginning to scratch the potential for EOPL planning (even though they all talk a good story). This is one strategy that has to make sense (as I am sure does launching a generic prior to patent expiry with a view to killing the generic market before the generic manufacturers can get in).

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