Drug maker loses India patent battle
By NIRMALA GEORGE, Associated Press | April 1, 2013 | Updated: April 1, 2013 1:32am
FILE - In this Monday, Jan. 29, 2007 file photo, Indian police officers block demonstrators protesting against drug manufacturer Novartis' case against Indian government on drug patents in New Delhi, India. A lawyer for healthcare activists says India's Supreme Court has rejected drug maker Novartis AG' right to patent a new version of a lifesaving cancer drug. The landmark ruling Monday, April 1, 2013 is a victory for India's $26 billion generic drug industry that provides cheap medicines to millions around the world. Novartis has fought a legal battle in India since 2006 for a fresh patent for its cancer drug Glivec. Photo: Saurabh Das
NEW DELHI (AP) — India's Supreme Court on Monday rejected drug maker Novartis AG's attempt to patent a new version of a cancer drug in a landmark decision that healthcare activists say ensures poor patients around the world will get continued access to cheap versions of lifesaving medicines.
Novartis had argued that it needed a new patent to protect its investment in the cancer drug Glivec, while activists said the company was trying to use loopholes to make more money out of a drug whose patent had expired.
The decision has global implications since India's $26 billion generic drug industry supplies much of the cheap medicine used in the developing world.
The ruling sets a precedent that will prevent international pharmaceutical companies from obtaining fresh patents in India on updated versions of existing drugs, said Pratibha Singh, a lawyer for the Indian generic drug manufacturer Cipla, which makes a generic version of Glivec.
The court ruled that a patent could only be given to a new drug, she told reporters outside the court.
"Patents will be given only for genuine inventions, and repetitive patents will not be given for minor tweaks to an existing drug," Singh said.
Novartis did not immediately return calls for comment.
The Swiss pharmaceutical giant has fought a legal battle in India since 2006 for a fresh patent for its leukemia drug Gleevec, known in India and Europe as Glivec.
India's patent office had rejected the company's patent application because it was not a new medicine but an amended version of its earlier product. The patent authority cited a legal provision in India's 2005 patent law aimed at preventing companies from getting fresh patents for making only minor changes to existing medicines — a practice known as "evergreening."
Novartis appealed, arguing Glivec was a newer, more easily absorbed version of the drug that qualified for a fresh patent.
Anand Grover, a lawyer for the Cancer Patients Aid Association, which has taken the lead in the legal fight against Novartis, said the ruling Monday prevented the watering down of India's patent laws.
"This is a very good day for cancer patients. It's the news we have been waiting for for seven long years," he said.
Aid groups, including Doctors Without Borders, have opposed Novartis' case, fearing that a victory for the Swiss drugmaker would limit access to important medicines for millions of poor people around the world.
Gleevec, used in treating chronic myeloid leukemia and some other cancers, costs about $2,600 a month. Its generic version was available in India for around $175 per month.
"The difference in price was huge. The generic version makes it affordable to so many more poor people, not just in India, but across the world," said Y.K. Sapru, of the Mumbai-based cancer patients association.
Novartis had argued that it needed a new patent to protect its investment in the cancer drug Glivec, while activists said the company was trying to use loopholes to make more money out of a drug whose patent had expired.
The decision has global implications since India's $26 billion generic drug industry supplies much of the cheap medicine used in the developing world.
The ruling sets a precedent that will prevent international pharmaceutical companies from obtaining fresh patents in India on updated versions of existing drugs, said Pratibha Singh, a lawyer for the Indian generic drug manufacturer Cipla, which makes a generic version of Glivec.
The court ruled that a patent could only be given to a new drug, she told reporters outside the court.
"Patents will be given only for genuine inventions, and repetitive patents will not be given for minor tweaks to an existing drug," Singh said.
The Swiss pharmaceutical giant has fought a legal battle in India since 2006 for a fresh patent for its leukemia drug Gleevec, known in India and Europe as Glivec.
India's patent office had rejected the company's patent application because it was not a new medicine but an amended version of its earlier product. The patent authority cited a legal provision in India's 2005 patent law aimed at preventing companies from getting fresh patents for making only minor changes to existing medicines — a practice known as "evergreening."
Novartis appealed, arguing Glivec was a newer, more easily absorbed version of the drug that qualified for a fresh patent.
Anand Grover, a lawyer for the Cancer Patients Aid Association, which has taken the lead in the legal fight against Novartis, said the ruling Monday prevented the watering down of India's patent laws.
"This is a very good day for cancer patients. It's the news we have been waiting for for seven long years," he said.
Aid groups, including Doctors Without Borders, have opposed Novartis' case, fearing that a victory for the Swiss drugmaker would limit access to important medicines for millions of poor people around the world.
Gleevec, used in treating chronic myeloid leukemia and some other cancers, costs about $2,600 a month. Its generic version was available in India for around $175 per month.
"The difference in price was huge. The generic version makes it affordable to so many more poor people, not just in India, but across the world," said Y.K. Sapru, of the Mumbai-based cancer patients association.
Houston Chronicle | P.O. Box 4260 Houston, Texas 77210–4260
© Copyright 2013 Hearst Communications, Inc.
Cipla slashes prices of cancer drugs
Cipla, on Thursday, slashed the prices of its three generic cancer drugs — Erlocip, Docetax and Capegard — by up to 64 per cent.
The drugs are used for treating lung and pancreatic cancer, breast cancer, head and neck cancer, gastric cancer, bladder and colorectal and colon cancers, it added.
The lung cancer drug Erlocip will now cost Rs.9,900 for 30 tablets against its earlier price of Rs.27,000, while Docetax, used for treating breast cancer, head and neck cancer, and bladder cancer, will now cost Rs.1,650 from its earlier price of Rs.3,300, Cipla said in a statement.
Capegard, another cancer drug that treats breast, colon and colorectal cancer, will now be available at Rs.600 for 10 tablets from its earlier price of Rs.1,200, it added.
Affordable treatment
“Continuing its contribution towards affordable and accessible treatment for patients, Cipla extends the work done in HIV/AIDS and malaria to include cancer, not only in India but globally,” Cipla Chairman and Managing Director Y. K. Hamied said.
Earlier in May, Cipla had slashed the prices by up to 76 per cent of its generic drugs used in treating cancers of brain, lung and kidney.
The move came on the back of the government permitting domestic firm Natco Pharma to manufacture and sell cancer treatment drug Nexavar at a price over 30 times lower than charged by its patent-holder Bayer Corporation.
In an order by the Controller of Patents in March, Natco was allowed to sell the drug at a price not exceeding Rs.8,880 for a pack of 120 tablets required for a month’s treatment as compared to a whopping Rs.2.80 lakh a month charged by Bayer.
Novartis tanks 5%, hits 52-week low as SC denies cancer drug patent
Read more on »Supreme Court|Ranbaxy Laboratories|Ranbaxy|patent|Novartis India Ltd.|Novartis|Natco Pharma Ltd.
At 11:00 a.m.; Novartis India recouped some of its mid-morning losses and was trading 4.4 per cent lower at Rs 572.10 on the BSE. It touched a high of Rs 604.80 and a 52-week low of Rs 558.10 in trade today.
Novartis AG's had filed a plea in the apex court for getting its blood cancer drug Glivec patented in India and restraining Indian companies from manufacturing generic drugs.
The Supreme Court has said that India's patent provisions are clear on generics and Novartis' case is not maintainable. It has imposed cost on Novartis for filing case.
The top court had questioned the Novartis on the high price of the cancer drug. A month's dose of Glivec is around Rs 1.2 lakh, much higher than Rs 8,000 which is the price of the generic drug, say reports.
Other pharmaceutical companies like NatcoBSE 5.93 % Pharma, CiplaBSE 1.91 % and Ranbaxy surged 2-5 per cent after the Supreme Court development.
Natco Pharma was at Rs 447.60, up 4.3 per cent, on the BSE. It touched a high of Rs 475.05 and a low of Rs 433.25 in trade today.
Cipla was at Rs 388.50, up 2 per cent, on the BSE. It touched a high of Rs 389 and a low of Rs 379.55 in trade today.
Ranbaxy LaboratoriesBSE 2.26 % was at Rs 450.30, up 2.3 per cent, on the BSE. It touched a high of Rs 452.10 and a low of Rs 438.70 in trade today.
According to analysts, it is a welcome decision for Indian generic companies like Cipla, Natco Pharma and Ranbaxy Laboratories. However, it is unlikely to have any material impact on the financials of any of these companies as both the patent drug and the generic drugs are being already sold in the country.
Pfizer seeks stay against Cipla on cancer drug
Mumbai, Dec. 12:
Drug-maker Pfizer has approached the Delhi High Court for a stay on Cipla, to prevent it from selling a generically-similar version of sunitinib, a liver and kidney cancer drug, in the local market.
The development comes even as Pfizer got a stay against Natco, on the same drug, earlier this week.
The hearing on the stay against Cipla, scheduled to come up today, will now come up early next week, sources familiar with the development told Business Line.
Pfizer sells sunitinib under the brandname Sutent. But the patent on this drug was revoked by the Patent Controller in October, following Cipla’s post-grant opposition.
Cipla does not have its product in the market, but Natco reportedly sold its product briefly in the interim period when the patent on Sutent had been revoked, an industry representative said.
Patent-packed week
In the last two months or so, Sutent has witnessed several legal twists and turns. Following the patent rejection, Pfizer approached the Supreme Court. The Supreme Court reinstated the patent and returned the case to the Patent Controller for a fresh hearing on Cipla’s post-grant opposition, Pfizer said.
With the apex court sending the issue back, Pfizer approached the Delhi High Court, asking it to stay Cipla from selling the drug, “on the grounds that Pfizer’s patent was now reinstated”, Pfizer said.
Next week is packed with patent hearings. Besides the stay-related hearing against Cipla, it will also see the Supreme Court-directed hearing on Sutent at the Patent Controller’s office.
The Sutent case is part of a string of patent-related cases being fought in different courts within the framework of the amended Indian Patent Law. The law, amended in 2005, protects product patents — that allow innovators a 20-year marketing monopoly.
Price concerns
Public health circles fear that a patent-holder could keep the price high on an innovation, triggering a deeper concern when the innovation involves medicines. Generic drug-makers, spending less money on research (compared to an innovator) are able to price their versions of the original medicine lower.
The price of Sutent is reportedly about Rs 2 lakh for a 45-day course. But Pfizer says: “We know that access to affordable cancer treatment can be a challenge. To ensure we make our innovative cancer medicine available to patients who need it, Pfizer has developed the Sutent Patient Assistance Program (SPAP).”
SPAP is designed to provide eligible patients a partial or completely subsidised treatment option determined by medical and socio-economic criteria, the company said.
Copyright © 2013, The Hindu Business Line.
Imatinib
(im-mat-uh-nib)Trade/other name(s): Gleevec, Glivec, STI 571, STI-571, imatinib mesylate
Why would this drug be used?
This drug is used to treat some types of leukemia, especially chronic myelogenous leukemia (CML) and certain types of adult acute lymphocytic leukemia (ALL). It is also used for gastrointestinal stromal tumors (GISTs). It is used to treat a number of other cancers and non-cancerous conditions as well.How does this drug work?
Imatinib is a type of targeted therapy known as a tyrosine kinase inhibitor. Its targets include tyrosine kinase proteins. These abnormal proteins are found at the surface of certain cancer cells. They send constant signals telling the cells to divide and stay alive. By blocking these signals, imatinib can stop the cells from growing and cause them to die.Before taking this medicine
Tell your doctor…
- If you are allergic to anything, including medicines, dyes, additives, or foods.
- If you have any type of liver disease (including hepatitis). This drug is cleared from the body mainly by the liver. Reduced liver function might result in more drug than expected staying in the body, which could lead to unwanted side effects. Your doctor may need to adjust your dose accordingly.
- If you have congestive heart failure or other heart problems. Some early reports have suggested that this drug may contribute to heart failure or make existing conditions worse.
- If you have any other medical conditions such as kidney disease, heart disease, diabetes, gout, or infections. These conditions may require that your medicine dose, regimen, or timing be changed.
- If you have thyroid problems or take thyroid hormones. This medicine may affect your thyroid and require more thyroid hormone. Your doctor may want to watch your thyroid tests more closely.
- If you are taking the blood-thinning medicine warfarin (Coumadin) -- see "Interactions" below. You may need a different medicine while you are getting this drug.
- If you are pregnant, trying to get pregnant, or if there is any chance of pregnancy. This drug can cause problems with the fetus if taken at the time of conception or during pregnancy. Check with your doctor about what kinds of birth control can be used with this medicine. In pregnant women, treatment with this drug should be used only if the potential benefit to the mother outweighs the risk to the fetus.
- If you are breast-feeding. This drug may pass into breast milk and affect the baby. Breast-feeding is not recommended during treatment with this drug.
- If you think you might want to have children in the future. This drug may affect fertility. Talk with your doctor about the possible risk with this drug and the options that may preserve your ability to have children.
- About any other prescription or over-the-counter medicines you are taking, including vitamins and herbs. In fact, keeping a written list of each of these medicines (including the doses of each and when you take them) with you in case of emergency may help prevent complications if you get sick.
Interactions with other drugs
Imatinib can interact with a number of drugs and supplements, which may either raise or lower the level of imatinib in your blood. The following drugs can also cause imatinib to build up in the body, raising the risk of serious side effects:- the antidepressant nefazodone (Serzone)
- the antibiotics erythromycin (EES), clarithromycin (Biaxin) and telithromycin (Ketek)
- anti-fungals such as ketoconazole (Nizoral), itraconazole (Sporanox), voriconazole (Vfend)
- HIV drugs such as indinavir, ritonavir, saquinavir, nelfinavir, atazanavir, and others
These drugs and supplements can lower the levels of imatinib in the blood and make it less effective:
- anti-seizure drugs carbamazepine (Tegretol), phenobarbital (Luminal), and phenytoin (Dilantin)
- TB drugs rifampin (Rifadin, Rimactane; also in Rifamate and Rifater), and rifabutin (Mycobutin)
- the steroid drug dexamethasone (Decadron)
- St. John's wort (herbal dietary supplement)
Imatinib may change the blood levels of other drugs you are taking, including acetaminophen (Tylenol), quinidine, cyclosporine (Sandimmune), alfentanil (Alfenta), fentanyl (Duragesic, Actiq, Fentora, Onsolis), pimozide (Orap), sirolimus (Rapamune), tacrolimus (Prograf), ergotamine (Ergomar), birth control pills, some calcium channel blockers (amlodipine, nifedipine) and some cholesterol-lowering drugs (simvastatin, pravastatin, atorvastatin, etc.). The sedatives alprazolam (Xanax) and triazolam (Halcion) may also be affected. Tell your doctor if you are taking any of these drugs. You may need a different dose or a different medicine.
Imatinib can also change the blood levels of warfarin (Coumadin). If you are taking this drug to help prevent blood clots, your doctor may need to switch you to another medicine during treatment with imatinib.
Do not take iron or vitamin supplements that contain iron while taking imatinib unless your doctor tells you to.
Any drugs or supplements that interfere with blood clotting can raise the risk of bleeding during treatment with imatinib. These include:
- vitamin E
- non-steroidal anti-inflammatory drugs (NSAIDs) such as aspirin, ibuprofen (Advil, Motrin), naproxen (Aleve, Naprosyn), and many others
- warfarin (Coumadin -- see note above)
- ticlopidine (Ticlid)
- clopidogrel (Plavix)
Check with your doctor, nurse, or pharmacist about any other medicines, herbs, and supplements you are taking, and whether alcohol can cause problems with this medicine.
Interactions with foods
Avoid grapefruit or grapefruit juice. Grapefruit may raise the level of imatinib in your blood and cause worse side effects. Check with your doctor, nurse, or pharmacist about whether other foods may be a problem.Tell all the doctors, dentists, nurses, and pharmacists you visit that you are taking this drug.
How is this drug taken or given?
Imatinib comes as a capsule or tablet taken by mouth. It is usually taken once a day. At higher doses, you may be asked to split the dose in half, taking it once in the morning and once later in the day. The dose depends on the reason you are taking it and on other factors such as your blood counts, liver and kidney function.Imatinib can cause stomach irritation if taken on an empty stomach, so it should be taken with a meal and a large glass of water. If you have trouble swallowing, the tablet may be completely dissolved in water or apple juice, then swirled and swallowed. Do not crush imatinib tablets, and do not touch crushed tablets. If you touch crushed tablets, wash the skin thoroughly.
Take this drug exactly as directed by your doctor. If you do not understand the instructions, ask your doctor or nurse to explain them to you. Store the medicine in a tightly closed container away from heat and moisture and out of the reach of children and pets.
Precautions
This drug may interact with a number of other drugs or supplements in the body, especially warfarin (Coumadin). See interactions above. Be sure your doctor is aware of all drugs and supplements you are taking. Do not start or stop any drugs without talking to your doctor about all the drugs you are taking.You may have nausea and vomiting on the day you receive this drug or in the first few days afterward. Your doctor may give you medicine before your treatment to help prevent nausea and vomiting. You may also get a prescription for an anti-nausea medicine that you can take at home. It is important to have these medicines on hand and to take them as prescribed by your doctor. Let your doctor know if these medicines do not control the vomiting.
This drug may cause diarrhea. If left unchecked, this could lead to dehydration and chemical imbalances in the body. Your doctor will likely prescribe medicine to help prevent or control this side effect. It is very important that you take this medicine as prescribed. Make sure you get the medicine right away, so that you will have it at home when you need it. Let the doctor know if the medicines don't control the diarrhea.
Imatinib may cause fluid buildup in the chest or abdomen and swelling around the eyes or in the hands or feet (edema). Some early reports have suggested this may be due the effects of this drug on the heart. Tell your doctor or nurse right away if you notice rapid weight gain, swelling around your eyes or in your hands or feet, swelling in your abdomen, or have trouble breathing (shortness of breath). You may want to check your weight each morning before you eat or drink, and report increases to your doctor.
Imatinib may affect your liver, which could increase liver enzyme levels in your blood. Your doctor will likely check your liver function with blood tests on a regular basis. The drug may need to be stopped or the dose changed if the effects are severe. If you have liver problems before starting treatment, the doctor may need to monitor you more carefully. Call your doctor if your urine becomes dark, or if your skin or eyes start to look yellow.
While taking this medicine, and a few days afterward, there is a small chance of a serious skin reaction. Symptoms often start as a skin rash with redness or blistering in the mouth, nose, or eyes, along with fever and body aches. If this happens, call your doctor right away.
Your doctor will likely test your blood throughout your treatment, looking for possible effects of the drug on blood counts or on blood chemistry levels. Based on the test results, you may be given medicines to help treat any effects. Your doctor may also need to reduce or delay your next dose of this drug, or even stop it altogether. Keep all your appointments for lab tests and doctor visits.
This drug can lower your white blood cell count, especially in the weeks after the drug is given. This can increase your chance of getting an infection. Be sure to let your doctor or nurse know right away if you have any signs of infection, such as fever (100.5° or higher), chills, pain when passing urine, new onset of cough, or bringing up sputum.
This drug may lower your platelet count in the weeks after it is given, which can increase your risk of bleeding. Speak with your doctor before taking any drugs or supplements that might affect your body's ability to stop bleeding, such as aspirin or aspirin-containing medicines, warfarin (Coumadin), or vitamin E. Tell your doctor right away if you have unusual bruising, or bleeding such as nosebleeds, bleeding gums when you brush your teeth, or black, tarry stools.
Rarely, imatinib can cause holes (perforations) in the digestive tract, which can be life-threatening. People who have had peptic ulcers, diverticulosis, or diverticulitis are at higher risk, as are people taking steroids, aspirin-like drugs, or certain other drugs used to treat cancer. Tell your doctor or nurse right away if you develop severe stomach (abdominal) pain, especially if you also have nausea, constipation, or any other symptom.
This drug can cause the rapid killing of tumor cells, which in some cases has led to a serious imbalance of electrolytes in the blood, and even kidney damage within the first 3 days of treatment. This condition is known as tumor lysis syndrome. It is more likely if you have a large number of cancer cells in the body. If your doctor feels you might be at risk, he or she will give you medicines and/or fluids to help prevent it.
Do not get any immunizations (vaccines), either during or after treatment with this drug, without your doctor's OK. Imatinib may affect your immune system. This could make vaccinations ineffective, or even lead to serious infections if you get a live virus vaccine during or soon after treatment. Try to avoid contact with people who have recently received a live virus vaccine, such as the oral polio vaccine or smallpox vaccine. Talk with your doctor about this.
Avoid pregnancy while taking this drug and for some time afterward. Talk with your doctor about this.
Possible side effects
You will probably not have most of the following side effects, but if you have any talk to your doctor or nurse. They can help you understand the side effects and cope with them.Common
- nausea*
- vomiting*
- swelling around the eyes or feet (edema)*
- weight gain due to fluid buildup*
- diarrhea*
- muscle aches and pains
- muscle cramps
- skin rash
- tiredness (fatigue)
- headache
- joint and bone pain
- abdominal (belly) pain
Less common
- low platelet count with increased risk for bleeding*
- low white blood cell count with increased risk for infection*
- severe fluid buildup in the lining of the lungs (pleural effusion), heart (pericardial effusion), or abdomen (ascites)*
- heartburn
- itching
- shortness of breath*
- constipation
- bleeding
- cough
- dizziness
- throat pain, sore throat
- infection with fever
- trouble sleeping
- depression
- low blood level of potassium
- slowed growth in children and teens
- abnormal blood tests which suggest that the drug is affecting the liver (Your doctor will discuss the importance of this finding, if any.)*
Rare
- serious skin reactions, including blistering*
- bleeding from the stomach or intestines*
- hole (perforation) in the digestive tract*
- low thyroid function
- low red blood cell count
- congestive heart failure (can cause shortness of breath or swelling in hands or feet)*
- damage to kidneys, kidney failure
- imbalance of electrolytes in the blood (tumor lysis syndrome)*
- allergic reaction -- swelling of mouth, face or throat; trouble breathing or swallowing; itching; shock
- death due to bowel perforation, lung failure, liver failure, fluid around the heart or the brain, tumor lysis syndrome, or other cause
There are some other side effects not listed above that can also occur in some patients. Tell your doctor or nurse if you develop these or any other problems.
FDA approval
Yes – first approved in 2001.Disclaimer: This information does not cover all possible uses, actions, precautions, side effects, or interactions. It is not intended as medical advice, and should not be relied upon as a substitute for talking with your doctor, who is familiar with your medical needs.
Last Medical Review: 05/17/2011
Last Revised: 05/17/2011
Last Revised: 05/17/2011
- Help
- Site Map
- Privacy
- Accessibility
- Terms of Use
- State Fundraising Notices
- Feedback
- ...and I am Sid Harth @elcidharth