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Supreme Court ruling could lead to cheaper versions of Viagra,[link widoczny dla zalogowanych]
Accusing a multinational drug company of "gaming" the system, Canada's highest court has struck down the patent about the erectile dysfunction drug Viagra.
And the generic equivalent,[link widoczny dla zalogowanych],[link widoczny dla zalogowanych], called sildenafil, is already making its method to market.
Viagra isn't cheap; one Toronto pharmacy quoted a cost of $69.69 for four from the little blue pills,[link widoczny dla zalogowanych], in the mid-range dosage. That's about $17 each. It didn't yet possess the generic product. Some online pharmacies say they'll sell for about half that.
Viagra is made through the multinational giant Pfizer Inc.,[link widoczny dla zalogowanych], that has held the patent since 1998. It had been due to expire in 2014.
But Teva complained 5 years ago that the patent was improper,[link widoczny dla zalogowanych].
Teva - then called Novopharm - asserted the patent didn't clearly disclose precisely what chemicals make the drug work,[link widoczny dla zalogowanych],[link widoczny dla zalogowanych].
That's among the principles of patent law,[link widoczny dla zalogowanych], said Teva's lawyer David Aitken in an interview.
"A patent is really a bargain between the patent owner and the state,[link widoczny dla zalogowanych]," Aitken said. "In return for disclosure,[link widoczny dla zalogowanych], you receive the patent monopoly."
In the Viagra patent,[link widoczny dla zalogowanych], a legal court found that Pfizer had cited a formula in the patent "which produces 260 quintillion possible compounds."
Pfizer had then cited six other formulas (although none could produce as many variations as the first,[link widoczny dla zalogowanych],[link widoczny dla zalogowanych].)
Lawyers for Teva argued that searching for the real compound in the patent was like searching for "a leaf within the forest,[link widoczny dla zalogowanych],[link widoczny dla zalogowanych]."
"It left your reader to appear with the patent to attempt to discover the identity of the one compound which was found to operate," Aitken said.
"The patent application does not disclose the compound that actually works is sildenafil,[link widoczny dla zalogowanych]," the seven-member court panel found, inside a judgment compiled by Justice Louis LeBel.
"As dependent on policy and sound statutory interpretation, patentees can't be allowed to 'game' the machine in this way," the ruling said.
It reversed rulings by both Federal Court and Federal Court of Appeal.
Although the ruling concerned a drug patent,[link widoczny dla zalogowanych], Aitken said hello applies to all patents in Canada.
The drug companies weren't saying much after the ruling,[link widoczny dla zalogowanych],[link widoczny dla zalogowanych].
Teva officials weren't available for interviews,[link widoczny dla zalogowanych],[link widoczny dla zalogowanych], however the company issued an argument.
"In Canada,[link widoczny dla zalogowanych],[link widoczny dla zalogowanych], the majority of generic drug launches are achieved through lengthy and costly litigation,[link widoczny dla zalogowanych]," Teva leader Barry Fishman said within the release.
"Companies like Teva Canada incur significant legal costs to challenge numerous weak or frivolous patents on many products," he said. "These investments ultimately benefit all payers and contribute to the sustainability of our health care system."