In connection with the eminent domain case of Kelo v. New London, argued last week in the Supreme Court, this blog noted the irony that a major beneficiary of the municipality's confiscatory action was Pfizer, a Pharma company that lives and dies by IP rights.

The following info was just received from Greg Aharonian:

- DISTRICT OF COLUMBIA WANTS COMPULSORY LICENSING OF PATENTED DRUGS

An article on the online edition of American Prospect reports that a bill was introduced for the District of Columbia on February 1st authorizing the mayor of Washington, D.C., to declare a health emergency and, under eminent domain authority, issue a compulsory license to a generic firm to produce selected patented drugs. The companies would be given "just compensation". The sponsors recall how Republican HHS secretary Tommy Thompson threatened Bayer, the makers of Cipro, with the same tactic, and argue what's good for Republicans is good for everyone else. They also cite the Supreme Court decision Florida Prepaid, which they plan to satisfy by restricting sales of such drugs to public employees and Medicaid enrollees (Florida Prepaid ruled that states have some rights to infringe patents). A few other states are considering doing so as well. [bf added]

posted by James DeLong @ 10:57 AM | Pharma

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