A well-wisher of the blog, Ms.Apurba Kundu, was kind enough to bring to my attention the update on the IPAB appeal by Bayer against the Compulsory License granted to NATCO last March to manufacture Sorafenib Tosylate, which is Bayer’s patented anti-cancer drug Nexavar.
Jamie Love’s blog, KEI Online, has posted an update on the hearings in the appeal held between January 16 and 18, 2013. It appears that Bayer’s arguments on the said dates primarily revolved around the issue of the effect of the CL order on Bayer’s ability to recover its RnD costs in developing Nexavar.
According to Bayer, approximately USD2.5 billion was invested in identifying and developing anti-cancer drugs, including Nexavar, between 1999 and 2005. Instead of providing support to this figure using the company’s records, it appears that reliance was placed on a study conducted by the Office of Health Economics. I haven’t read this study, so I am not in a position to comment on it, or its use in the appeal proceedings.
I request readers to share any updates that they might have on the hearings.