After Xtandi, Will Government Ever Seek March-In Rights Over Drug Pricing?

Market availability of Xtandi, not its cost, is the issue, NIH says in denying petition for government to invoke march-in rights to patents on the prostate cancer drug. But Biden administration makes two other same-day moves that could leave march-in advocates with some hope.

Xtandi march in
NIH rejects petition seeking march-in rights to prostate cancer drug patents • Source: Nielsen Hobbs; the Pink Sheet | Shutterstock images

The National Institutes of Health took 16 months to issue a decision denying a request for the government to grant march-in rights to patents on Astellas Pharma, Inc.’s and Pfizer Inc.’s Xtandi (enzalutamide) without addressing the cost of the prostate cancer drug in the US.

The agency’s rationale for refusing the petition shows once again that NIH does not want to consider drug pricing as a factor for invoking march-in rights to

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