Bristol-Myers Squibb: basic facts
Political Donations and Lobbying, USA
Bristol-Myers Squibb's IPR Disputes
March 7, 2003. BMS and the Federal Trade Commission reach a
proposed settlement relating to antitrust claims relating to
Taxol, Platinol and BuSpar. The FTC complaint states that BMS's
abuse of the patent and regulatory systems protected $2 billion
worth of sales annually. This cost American consumers hundreds
of millions of dollars a year.
Among the allegations against BMS:
paying a potential generic competitor $72.5 million to not
challenge a BMS patent, abusing FDA regulations to stave off
generic entry, making false statements to the FDA regarding
patent listings in the orange book, "engaging in inequitable
conduct" before the US patent and trademark office, and filing
baseless patent infringement suits.
Statments on Proposed Settlement
Other Documents on BMS IPR Disputes
- Paclitaxel (Taxol) CPT's page on Taxol,
a drug developed largely with government funds, then licensed to BMS. As of September, 2000,
BMS's price was $6.09 per milligram, while foreign generic producers reported production
costs of $0.07 per milligram.
- January 7, 2003. BMS press release.
Bristol Myers Squibb to Settle Antitrust Litigation.
- News Stories:
- Buspirone (BuSpar) Patent protection of this drug expired November 22, 2000. To hold off generic
competition, BMS filed for patent protection for the chemical produced inside the human body
when a person ingests BuSpar. This was a new legal strategy, but it could have blocked
entry of generics (expected to lower the price up to 75%) until the year 2020. On March 14,
a federal judge ordered the FDA to approve generic BuSpar.
- Didanosine (ddI) This drug was invented by the NIH, and the US government
holds the original patent on it
The government licensed the drug to BMS on an exclusive basis. The
NIH license to BMS has a reasonable pricing clause. For more information:
- Zerit (d4T) Includes
information on U.S. government involvement in research and development, pricing,
access issues, and annual sales.
PATENT AND EXCLUSIVITY DATA FOR EVERY DRUG PRODUCED BY BRISTOL-MYERS SQUIB.
Table prepared by Bruce Pokras. This information is also available in the
FDA Orange Book.
- South Africa Bristol-Myers
Squibb is involved in a dispute over changes in South Africa's Medicines Act, which would allow
greater access to medicines through compulsory licensing and parallel imports of pharmaceuticals.
- Thailand CPT page containing
information on a dispute concerning the compulsory licensing of ddI in Thailand.
- March 14, 2001. Bristol-Myers Squibb announces that "The patent for
Zerit [d4T]... will be made available at no cost to treat AIDS in South
Africa." On May 8, 2001 the South African treatment Action Campaign issued a
statement that low cost drugs had not reached
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