Pfizer Sanctioned By Court For Delays And Abuses
1 CommentBy Ed Silverman // October 28th, 2009 // 3:57 pm
A federal magistrate awarded Brigham Young University $852,315 in attorney fees and other costs after finding the drug maker engaged in repeated delays in a lawsuit involving billions of dollars earned from the Celebrex painkiller, The Salt Lake Tribune reports.
The ruling by Magistrate Brooke Wells came in a lawsuit in which BYU claims a professor’s research provided to Pfizer’s predecessor, Monsanto, helped create Celebrex, which the Utah school said has earned $30 billion as the most commercially successful drug in history, the paper writes. BYU sued Pfizer in 2006 after negotiations failed to produce an agreement.
In seeking attorneys fees and expenses, BYU pointed to repeated delays in providing it with evidence in the case and said that some evidence had been destroyed. BYU claims one document Pfizer’s attorneys failed to provide proved that Simmons’ research was worth $10 million a day for the head start it gave the drug maker in developing Celebrex before competitors could do so, the Trib writes.
In her ruling, Wells cited “abuses” and “repeated failures” in producing documents. “The court finds Pfizer has interfered with the judicial process,” Wells wrote. She also put Pfizer on notice that “continued delays in discovery and misrepresentations about its status or the availability of discovery will not be tolerated,” according to the paper.
The case revolves around the work of Daniel Simmons, who came to BYU from Harvard in 1989 and identified an enzyme that causes inflammation, the paper writes. To turn the discovery into a drug, BYU and Monsanto struck a deal in which Simmons would direct research and Monsanto would handle patents. BYU was to share in the profits of any products that resulted.
Instead, the lawsuit alleges, Pfizer used Simmons’ research to test a compound patented by another scientist, canceled its contract with BYU and denied the school and its professor any credit or monetary rewards related to Celebrex. Pfizer insists Simmons had nothing to do with its blockbuster drug, according to the Tribune.
Christopher
The award made to BYU is minimal and doesn’t seem to correspond with the Magistrate’s reprimand. I believe what matters is the nature of the deal between BYU and Monsanto. If it involved payment of a fee for access to Simmons’ work with no royalty assumed if it resulted in a commercialized product, then the amount of that fee is the subject of discussions. Presumably Pfizer felt that a fee having already been paid, they could move on with his research in a different direction. Hard to know without details, but either way Pfizer can afford $852k. Not all university tech transfer groups are as sharp as the best ones. I don’t know about BYU’s.