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Patent Expires On Best Selling Drug of All Time

Hugh Pickens writes "The U.S. patent has just expired on Lipitor, the best-selling drug of all time, as the first generic versions go on sale, marking the end of a brand that has dominated the drug industry, lowered the cholesterol of tens of millions of patients, and generated $10.7 billion last year in annual sales. But drug manufacturer Pfizer, dependent on Lipitor for almost one-fifth of the company's revenue, does not intend to go down without a fight. Pfizer is employing unprecedented tactics to hold onto as many Lipitor prescriptions as it can with an aggressive marketing plan and forging deals with insurers, pharmacy benefit managers and patients to meet or beat the price of its generic replacements because even at the lower price, Pfizer has a huge profit margin because of the relatively low cost of materials for Lipitor. Some deals require pharmacies to reject prescriptions for low-cost generics and substitute a discounted name-brand Lipitor while other deals block generic makers from mail-order services that account for an estimated 40 percent of all Lipitor prescriptions. 'Pfizer's tactic of dressing up as a generics company is pulling the rug under the incentive system created to foster the development of generic drugs,' says attorney David A. Balto."

491 comments

  1. See. Patents/Copyright spur innovation. by unity100 · · Score: 5, Insightful

    My ass. you grant a monopoly to someone. That someone gets big on that monopoly. You think that they would just let it go when patent expires ? think again. has music industry let it go with copyrights ? no, they are trying to extend it to 120 years now. pfizer is just another example. bad example though - they could just lobby beforehand and try to extend patent durations, like music industry does with copyrights.

    1. Re:See. Patents/Copyright spur innovation. by geekoid · · Score: 5, Insightful

      Yes, they do. Being able to get sole rightrs on the drug is why tneya re invented. It can cost mollions of dollars.

      And this article is much ado about nothing. Patent is expiring, company ups advertising and lowers price.

      BFD

      --
      The Kruger Dunning explains most post on /. http://en.wikipedia.org/wiki/Dunning%E2%80%93Kruger_effect
    2. Re:See. Patents/Copyright spur innovation. by msauve · · Score: 3, Insightful

      Phizer has, no doubt, efficient large scale production processes in place for atorvastatin. If they can produce and sell it for less than companies which focus on generics, more power to them. How is this bad for the consumer?

      --
      "National Security is the chief cause of national insecurity." - Celine's First Law
    3. Re:See. Patents/Copyright spur innovation. by MobileTatsu-NJG · · Score: 1, Funny

      One of the symptoms of being a haterade addict is that you bring it up in unrelated threads.

      --

      "I like to lick butts!" by MobileTatsu-NJG (#32700246) (Score:5, Informative)

    4. Re:See. Patents/Copyright spur innovation. by bky1701 · · Score: 5, Interesting

      More often than not, they are "invented" based on research done at universities; including publicly funded ones. We should be cutting the middle-man and funding those projects more, rather than creating artificial property to encourage corporations to "invent" drugs.

    5. Re:See. Patents/Copyright spur innovation. by Anonymous Coward · · Score: 0

      company creates predatory agreements with insurance agencies and pharmacies that restrict selling of generic versions - thats EVIL.

    6. Re:See. Patents/Copyright spur innovation. by Anonymous Coward · · Score: 0

      Exactly. This is how it is *supposed* to work. Why are people complaining if the price is dropping and Pfizer can still make a buck on it? Everyone wins.

    7. Re:See. Patents/Copyright spur innovation. by bky1701 · · Score: 1

      Except all the people who lost, up until today.

    8. Re:See. Patents/Copyright spur innovation. by Anonymous Coward · · Score: 0

      They did not have Steve Jobs and his RDF to work it's magic on /. crowd.

      I'm sure you think so

    9. Re:See. Patents/Copyright spur innovation. by Anonymous Coward · · Score: 5, Insightful

      It's not a patent problem it's an anti-trust problem. Please adjust your 'fixit' suggestions accordingly.

    10. Re:See. Patents/Copyright spur innovation. by demonlapin · · Score: 5, Informative

      This bears only the most tenuous connection to the truth. Yes, the cholesterol synthesis pathway came out of a lot of university research. HMG-CoA reductase is a critical enzyme. There are a lot of compounds that will inhibit enzymes in vitro; the vast majority are utterly unsuited to use as anything but research compounds because they aren't safe, can't be made into an orally bioavailable form, have bad kinetics, or any of a thousand other things that can sink a potential drug.

      Drugs come from... drug companies, not from universities, because drug companies have the billions of dollars to put a compound through clinical trials and the expertise to make the drugs usable.

    11. Re:See. Patents/Copyright spur innovation. by shutdown+-p+now · · Score: 5, Informative

      If they want to outbid generics on price, nothing's wrong with that. But those agreements mentioned in TFS, where pharmacies must only prescribe their offering - that sounds rather anti-competitive to me.

    12. Re:See. Patents/Copyright spur innovation. by aurispector · · Score: 5, Insightful

      Patents by design grant a TEMPORARY monopoly to cover the cost of R&D and to provide incentive for companies to actually do the R& D in the first place.

      The problem with the drug industry is that in order to comply with the regulatory quagmire that is the FDA, they have to disclose essential details about their work publicly long before it can go to market. Hence patents must be acquired long before the drug can make any money. These days drugs cost literally billions of dollars to develop. Burning patent life during the R&D time robs the companies of profits they would have earned, driving up costs for the consumer as they must raise prices in order to recoup R&D expenses in the shortened time the product is on the market under patent. Remember, these drugs save lives and directly improve the quality of life for potentially billions of people. These same people will eventually get reduced cost access to the drug when it goes generic off patent.

      Contrast this with the entertainment industry: Anyone can pen an idiotic ditty for virtually nothing, in basically no time at all. The product merely provides people with fleeting, momentary amusement. No lives are saved, no diseases cured. Even the biggest, most expensive blockbuster movie costs a fraction of what it cost to bring lipitor to market..

      Now unless you're an idiotic, dirty, lazy hippie who thinks everything should be free, you will have to admit that unless people are going to get paid, there is no way they are going to spend all that time and effort on drug development even if the end result means lives are saved. After all they have mouths to feed, mortgages to pay, etc, and the pharmaceutical industry is one of the few areas left in the US consistently providing high paying jobs to smart, motivated and educated people.

      Turns out the profit motive is a terrific way to get people to do useful things. Who'da thunk that people were willing to work so hard in order to get ahead. Amazing, isn't it?

      --
      I have mod points. The reign of terror begins now.
    13. Re:See. Patents/Copyright spur innovation. by Anonymous Coward · · Score: 1

      Oh no, someone brought up Apple in a patent discussion, Apple doesn't have patents or litigate using patents and has never benefited from patents in any way so clearly bringing them up in a discussion on patents means they must be a hater of Apple, and you aren't allowed to do that.

    14. Re:See. Patents/Copyright spur innovation. by Anonymous Coward · · Score: 1

      Who lost? Anyone that would have waited for Pfizer to come up with a viable drug, then simply ripped it off and sold it for a few dollars since they didn't have to undergo the extreme risk of developing safe and useful drugs?

      Patents have a place. This is an excellent example of why.

    15. Re:See. Patents/Copyright spur innovation. by Anonymous Coward · · Score: 0

      Hey E IS mC(Square), you accidentally clicked 'Post Anonymously' when you wrote that!

    16. Re:See. Patents/Copyright spur innovation. by unity100 · · Score: 3, Interesting

      ALL TEMPORARY MONOPOLIES try to turn themselves into PERMANENT MONOPOLIES.

    17. Re:See. Patents/Copyright spur innovation. by Anonymous Coward · · Score: 0

      YAY CAPS! Someone should learn HTML.

    18. Re:See. Patents/Copyright spur innovation. by OCedHrt · · Score: 1

      Using well known Intel tactics.

    19. Re:See. Patents/Copyright spur innovation. by alienzed · · Score: 4, Interesting

      I don't care what it costs, people will do the research anyway because they know someone or themselves are afflicted with the condition. I just don't buy that we'll stop innovating if patents and copyrights disappear. There will still be profit to be made and there will still be incentive to make that profit. The only difference is that competition will drive down prices and drive up quality. How can you have capitalism AND government granted monopolies at the same time? It doesn't make sense.

      --
      Never say never. Ah!! I did it again!
    20. Re:See. Patents/Copyright spur innovation. by Anonymous Coward · · Score: 5, Insightful

      You don't need patents to commercialize medicine. With the exception of clinical trials, everything could be done in a free market just as well (and did; aspirin was invented in Germany but couldn't be patented there; in fact in the early part of the 20th century, before Germany and France allowed drug and chemical patents, they were the center of innovation in those fields.)

      Clinical trials are like a public good, and all things told society would maximize its wealth by ditching patents and funding clinical trials with taxes. A very good read on the myths of copyright and patents is "Against Intellectual Monopoly".

    21. Re:See. Patents/Copyright spur innovation. by OCedHrt · · Score: 2

      Would fixed ROI based regulated pricing increase accessibility and reduce consumer costs?

    22. Re:See. Patents/Copyright spur innovation. by MobileTatsu-NJG · · Score: 5, Funny

      You are just on your knees (a very comfortable position for a fanboi though). ... And to the serial downmodding assholes...

      *Smirk*

      You remind me of a friend I had that wrote me a three page email about how carpal tunnel was killing him.

      --

      "I like to lick butts!" by MobileTatsu-NJG (#32700246) (Score:5, Informative)

    23. Re:See. Patents/Copyright spur innovation. by artor3 · · Score: 4, Insightful

      Key word being try. We don't have to let them. And we certainly shouldn't overreact by abolishing IP entirely.

    24. Re:See. Patents/Copyright spur innovation. by tsotha · · Score: 5, Informative

      Nope. Drug targets come out of universities. But drug targets are a dime a dozen. The real expense is in clinical trials, and that is paid by drug companies in almost all cases. When the cost is shared the university gets part of the patent.

    25. Re:See. Patents/Copyright spur innovation. by UnknownSoldier · · Score: 2, Funny

      > Now unless you're an idiotic, dirty, lazy hippie who thinks everything should be free, you will have to admit that unless people are going to get paid, there is no way they are going to spend all that time and effort on drug development even if the end result means lives are saved.

      I was going to mod you down as troll/flamebait since you seem to be an ignorant greedy capitalist but that wouldn't encourage people to actually discuss and raise above this ignorance. Namely,

      a) you are generalizing and making claims without any justification or evidence that:

      i) hippies are idiotic, (Oh No! Some people think that there is MORE to life then just money. How idiotic of them for wanting to share!)

      ii) _only_ hippies think everything should be free, (You _do_ realize that animals have lived on this planet millions of years without "paying" anyone. The universe provides everything you need to exist -- it is only greedy capitalists unable to imagine a world without money.)

      b) that altruism is idiotic, (You _have_ heard of Philanthropy, right? I guess no one does anything for the betterment of mankind for free.)

      c) that is is OK to put a price on saving a human life. (i.e. "Sorry, you can't afford this drug -- you deserve to die.")

      > Turns out the profit motive is a terrific way to get people to do useful things. Who'da thunk that people were willing to work so hard in order to get ahead. Amazing, isn't it?

      Now I don't disagree with you that, yes, money provides a great incentive, but thankfully dinosaurs that think money is the _only_ way to motivate people are dying. The problem with big pharma is that basically it only caters to those who can afford to live, or put another away, it sends the message that "you only have the right to life IF you can afford it." I'm sorry but EVERYONE has the right to life, regardless of the cost. It is only an idiotic system that places different values on people's lives -- namely those that can afford to not die. Sorry, but one day you will grow up and realize that the only humane way is to _remove_ PROFITING from people dieing.

    26. Re:See. Patents/Copyright spur innovation. by Anonymous Coward · · Score: 1

      > These days drugs cost literally billions of dollars to develop

      Yes, and it costs billions of dollars to develop other stuff too. I'm sick and tired of these stupid pro-patent arguments. Specifically related to medical companies.

      Numbers are from 2010 annual reports. Just Google them.

      Pfizer spent this % of their revenue on R&D:
      2008: 16.5%
      2009: 15.7%
      2010: 16.5%

      AMD spent this % of their revenue on R&D:
      2008: 31.8%
      2009: 31.8%
      2010: 21.6%

      I don't see Pfizer pouring their last coins on R&D to cure humanity. I see greedy idiots conning the rest of us with bad arguments.

      Patents must die. Now.

    27. Re:See. Patents/Copyright spur innovation. by Anonymous Coward · · Score: 0

      Contracts requiring pharmacies to quietly substitute their discount brand for lower priced generics is definitely something people should know about and the substance of a rightful anti-trust suit.

    28. Re:See. Patents/Copyright spur innovation. by Anonymous Coward · · Score: 0

      Hey E IS mC(Square), you accidentally clicked 'Post Anonymously' when you wrote that!

      What a comeback! I suppose when rational rebuttal isn't possible that's all you can expect.

    29. Re:See. Patents/Copyright spur innovation. by msauve · · Score: 5, Informative
      Most states have laws which require pharmacies to dispense less expensive generics, if requested. Some even require it:

      Whenever a pharmacist receives a prescription for a brand name drug, the pharmacist shall substitute a less expensive generically equivalent drug unless requested otherwise by the purchaser or indicated otherwise by the prescriber.

      - Pennsylvania, for instance.

      --
      "National Security is the chief cause of national insecurity." - Celine's First Law
    30. Re:See. Patents/Copyright spur innovation. by Anonymous Coward · · Score: 0

      The revenue made by Pfizer and AMD are substantially different. 15% of Pfizer could be over half of AMD's or more.

      Not that I disagree with you (well I don't think Patents need to die, just be changed) but you should argue with actual prices, not percentages of revenue.

    31. Re:See. Patents/Copyright spur innovation. by Anonymous Coward · · Score: 0

      Contrast this with the entertainment industry: Anyone can pen an idiotic ditty for virtually nothing, in basically no time at all. The product merely provides people with fleeting, momentary amusement. No lives are saved, no diseases cured. Even the biggest, most expensive blockbuster movie costs a fraction of what it cost to bring lipitor to market..

      And yet patents on inventions ("the professor in the lab") expire in 20 years, and copyrights on the ditty ("the boozing, snorting hippie") life + 95 years. The above quote is the perfect example why the whole IP mess needs to be overhauled starting from scratch: zero-base copyright law and zero-base patent law.

      You might see that patents should give perhaps 10 years of exclusivity/monopoly, then another 20 years of FRAND terms, bringing the total to 30. In Lipitor's case, Pfizer would have 10 years of being the only one with a Lipitor, followed by 20 years where others are allowed to make their version of Lipitor, but would have to license the patent(s) under fair terms.

      Copyright might be 10 years of exclusivity, followed by 20 years with only "commercial copyright" protection.

      We don't live in the 1880s anymore where everything. moves. very. slowly.

    32. Re:See. Patents/Copyright spur innovation. by Intropy · · Score: 2

      No, the losers in this scenario are all the people who had to fork over their hard earned cash to support the fat cat drug companies just so they could profit off their research. Y'know, instead of not having a drug invented at all. That's pretty despicable.

    33. Re:See. Patents/Copyright spur innovation. by Joe+U · · Score: 1

      Now unless you're an idiotic, dirty, lazy hippie

      You had some good points, then you outed yourself as a complete fucking idiot.

    34. Re:See. Patents/Copyright spur innovation. by MightyYar · · Score: 4, Insightful

      We should be cutting the middle-man and funding those projects more

      I think you need both systems. Academia is just as attractive to hucksters as the free market when flush with money. How many BS grant proposals get written just to finance the existence of a department? The university system is one of the crowning achievements of humanity, but let's not get carried away and think it can replace capitalism.

      --
      W..w..W - Willy Waterloo washes Warren Wiggins who is washing Waldo Woo.
    35. Re:See. Patents/Copyright spur innovation. by Anonymous Coward · · Score: 4, Insightful

      I just don't buy that we'll stop innovating if patents and copyrights disappear.

      You don't need to, because that's a strawman. Proponents of patents/copyrights hold that those things get us more innovation than we would without them, not that there would be none at all without them.

    36. Re:See. Patents/Copyright spur innovation. by Intropy · · Score: 3, Insightful

      Why should I invent something when I can just wait for you to invent it then rip it off?

    37. Re:See. Patents/Copyright spur innovation. by Anonymous Coward · · Score: 4, Insightful

      Your posts are those of a 2.5 million uid. Anyone who has been on /. as long as you have should know better. You are being modded down because bring up Apple is off-topic enough to be considered flamebait. While the subject is patents it is a completely different debate. At hand what a company does when its patent expires. To be on topic you could debate the length of that patent (hey $10.7 Billion in revenues in one year, maybe the patent should be fewer years). With Apple the argument is not the same. The argument is about obvious and non-obvious patents (hey its a rounded rectangle, that shouldn't be a patent).

      And you insult someone who challenges you rather than argue your case. I've debated Mr. I like to lick Butts before. I don't agree with all of his posts but he can make a good case for his views.

    38. Re:See. Patents/Copyright spur innovation. by smoot123 · · Score: 1

      b) that altruism is idiotic, (You _have_ heard of Philanthropy, right? I guess no one does anything for the betterment of mankind for free.)

      Turns out the profit motive is a terrific way to get people to do useful things. Who'da thunk that people were willing to work so hard in order to get ahead. Amazing, isn't it?

      Now I don't disagree with you that, yes, money provides a great incentive, but thankfully dinosaurs that think money is the _only_ way to motivate people are dying.

      Charity and philanthropy are all well and good. The Bill and Melinda Gates foundation does wonderful things and has a huge budget. But in terms of scale, charitable activities are dwarfed by for-profit activity (my guess is by two or three orders of magnitude). Far from being dead, for-profit dinosaurs are alive, kicking ass and taking names. The open source/free software world is an anomaly and only works because software development can sometimes be done for very little cost other than your time. Don't fool yourself into thinking the rest of the world works anything like that.

    39. Re:See. Patents/Copyright spur innovation. by Anonymous Coward · · Score: 0

      Let me guess. You never paid for brand name drugs before. They are typically 100 times more expensive than generics. No exaggeration.

    40. Re:See. Patents/Copyright spur innovation. by forand · · Score: 2

      You may want to read this ProPublica article on the subject. They are not simply lowering prices. They are exerting their market share to prohibit others from competing with them.

    41. Re:See. Patents/Copyright spur innovation. by crabboy.com · · Score: 1

      How did you not get modded through the floor? The moderators must be AFK...

      --
      The problem with socialism is that eventually you run out of other people's money
    42. Re:See. Patents/Copyright spur innovation. by icebraining · · Score: 1

      If Pfizer still has a big profit margin after the patent has expired, why wouldn't they have invented anyway?

    43. Re:See. Patents/Copyright spur innovation. by Anonymous Coward · · Score: 0

      Key word being try. We don't have to let them. And we certainly shouldn't overreact by abolishing IP entirely.

      Hahahahaha.... sorry just fell off my chair laughing.

      Are you going to vote Democrat ("think of the artists!") or Republican ("think of the industry!")... oh wait, it doesn't really matter, does it? You CAN'T do anything.

      I agree IP should not be abolished, but "limited time" should be understood in 21st century terms. This is not in the best interest of the Rights Holders (= monopolists), who incidentally fund the candidates election bids and do other lobby efforts, so it's not going to happen unless you get some Third Party (it's possible in Canada) or proportional representation.

    44. Re:See. Patents/Copyright spur innovation. by exomondo · · Score: 2

      The only difference is that competition will drive down prices and drive up quality.

      It'll go to whoever can make it the cheapest and still turn a profit, which will be whoever has the biggest manufacturing operations, because the person who actually invents it has nothing of value, to create any kind of profit from it they would need a manufacturing operation, one capable of competing with existing established large manufacturing operations. How are they going to do that?

    45. Re:See. Patents/Copyright spur innovation. by MightyYar · · Score: 2

      thats EVIL.

      The amazing thing is, despite icky shit like this, capitalism STILL has out-competed every other economic system devised by man. Maybe technology will let us move to a more sane system for matching supply to demand. We already monkey around with capitalism, because while it is pretty good at meeting demand, it seems to be terrible at factoring in external costs or contingencies. So we do things like screw with the market so we have a planned glut of food, and screw with the market by having emissions trading, and screw with the market by inventing IP laws, etc.

      --
      W..w..W - Willy Waterloo washes Warren Wiggins who is washing Waldo Woo.
    46. Re:See. Patents/Copyright spur innovation. by PCM2 · · Score: 1

      But those agreements mentioned in TFS, where pharmacies must only prescribe their offering - that sounds rather anti-competitive to me.

      I don't see anything in TFA that sounds quite as sinister as this. It sounds more like run-of-the-mill aggressive marketing campaign. Pfizer will offer coupons through doctors that will discount the price of branded Lipitor down to a level that's almost as low as the generic. Pfizer will also be manufacturing a generic version. If we assume that both pills are made using the same manufacturing process, and the branded one still costs more than the generic, then Pfizer cannot be selling the branded version at a loss, right? It's just cutting way into its own profits by offering a deep discount, not anything truly anticompetitive. (Selling at a loss vs. the generic would definitely be anticompetitive.) The idea is just to get customers "hooked" on the branded version. Eventually the price will go up, but they want to plant the idea in customers' minds that knowing you're getting branded Lipitor manufactured by the company that invented it is better than getting whichever manufacturer's generic version a pharmacy chooses to stock.

      --
      Breakfast served all day!
    47. Re:See. Patents/Copyright spur innovation. by Intropy · · Score: 1

      I agree with you, but I read the article a bit differently (and now I don't know which is correct). I read it that Pfizer's problem is that they are a name brand. If a doctor prescribes "generic lipitor equivalent" since he doesn't care about the brand and generics are generally cheaper, then the pharmacy provides a "generic" designated version and can't give brand name Lipitor even if the branded version is actually cheaper. It looks to me like Pfizer wants it both ways. They want to sell brand name Lipitor at brand name prices, but when some generic prescription comes in they want to sell their product unbranded and at the generic price point. a) That shows you just how silly caring about a drug's brand is, and b) I really don't care if Pfizer wants to do this since everyone gets what they want at the price they want just as long as the contracts say "sell our stuff cheaper as generic" and not "never sell anyone else's stuff".

    48. Re:See. Patents/Copyright spur innovation. by Jah-Wren+Ryel · · Score: 5, Insightful

      Drugs come from... drug companies, not from universities, because drug companies have the billions of dollars to put a compound through clinical trials and the expertise to make the drugs usable.

      And don't forget, they've got twice as much money for advertising those drugs as they have for researching those drugs and running those clinical trials.

      --
      When information is power, privacy is freedom.
    49. Re:See. Patents/Copyright spur innovation. by Fluffeh · · Score: 1

      it seems to be terrible at factoring in external costs or contingencies.

      Don't blame that on Capitalism. Blame that on shit-peddling salesmen under the guise of politicians, leaders and project managers. They are the ones that are excluding the external costs and contingencies because it means that their project/idea deliverables won't be quite as shiny and sparkly which in turn diminishes the chance that they will have their next term in office/contract extended/job.

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    50. Re:See. Patents/Copyright spur innovation. by Anonymous Coward · · Score: 0, Troll

      where's the "-1 Butthurt" mod when you need it...

    51. Re:See. Patents/Copyright spur innovation. by blakelarson · · Score: 5, Insightful

      A drug trial can literally run more than $10M easily. Are you telling me that a government should fund every companies clinical trial at $10M a pop? Don't clinical research orgs. stand to make a *lot* of money off of that? Or should the government decide who gets this clinical trial money? Not sure if you know this, but the government isn't always the best judge of which companies / ideas to support.

    52. Re:See. Patents/Copyright spur innovation. by Obfuscant · · Score: 5, Insightful

      If Pfizer still has a big profit margin after the patent has expired, why wouldn't they have invented anyway?

      Because the costs of manufacturing a drug once it has been created and approved are much less than the costs of developing one. They will still have a good profit margin TODAY because the costs of designing and testing the hundreds of potential candidates they went through to get to a final, working drug were paid off during the patent period.

      They wouldn't have a profit margin if they had to sell the drug from day one at the same price as those people who are going to manufacture the generics now.

      Developing drugs is a risk. You can get all the way to trials and then find out that your fancy new LDL drug gives 50% of the people who take it the hives or only works in 3% of the users. All the money you spent getting there is gone. People who fund that kind of risk deserve to get paid back for taking the risk, mostly because they won't take the risk unless they do.

    53. Re:See. Patents/Copyright spur innovation. by similar_name · · Score: 2

      Yes, they do. Being able to get sole rightrs on the drug is why tneya re invented. It can cost mollions of dollars.*

      They did get $10.7 billion in revenues last year. For the most part I'm ok with them making a lot more than the drug costs to develop. After all not every drug is successful. I'm pretty okay with the time for patents. I might argue a little shorter but its a low item for my ideal(ological) patent system. I think the only problem I have is the influence marketing has on people. Not that advertising your products is bad but that many people use it as their sole source of research.

      I believe there is a real need for a lot of pharmaceuticals. At the same time I question the number of people who take prescriptions when a healthier lifestyle would be just as beneficial if not more. I am as guilty as anyone in needing to eat better and exercise better. However, I feel that many people (my gut tells me at least half) choose medication over the harder changes in activity/eating habits.

      Part of me wants the government to spend more on 'educating' the populace. That part is overridden by it being an unjustifiable expense to put on the government (it's really not government's purpose) . The liberal in me wants to create a utopian government. The conservative in me wants to open a fitness center. I've decided to settle somewhere in the middle with a /. post. :)

      *emphasis mine, original spelling quoted.

    54. Re:See. Patents/Copyright spur innovation. by Anonymous Coward · · Score: 0

      What's worse is the deals that Pfizer is making with health benefit companies like Medco. Medco gets a "discount" for requiring the branded drug, which it pockets. Pfizer wins because more of their branded drug gets sold. Who loses? The consumers and the employers who end up paying more for prescription coverage. See http://www.nytimes.com/2011/11/12/health/plan-would-delay-sales-of-generic-for-lipitor.html

    55. Re:See. Patents/Copyright spur innovation. by Anonymous Coward · · Score: 0

      Pfizer spent this % of their revenue on R&D:

      Revenue != Profit, retard.
      Who cares what percentage of revenue is spent on R&D if you aren't saying what their expenses are. But of course you're either a moron with no understanding of even the most basic economics, or you're just an anti-patent troll hoping everyone would fall for your bullshit...possibly both. Nice FAIL fucktard.

    56. Re:See. Patents/Copyright spur innovation. by Fluffeh · · Score: 2

      I just don't buy that we'll stop innovating if patents and copyrights disappear. There will still be profit to be made and there will still be incentive to make that profit.

      The problem here (and I am against many patents/copyrights for the most part) is that due to the "We must be 100% certain that no-one will be hurt in any way, shape, form or other..." approach taken by most countries in what they allow to be used for treating what - and the absurd litigation that occurs throughout the US when unforseen side-effects surface, or medications don't work quite as advertised. These things have driven up the cost to go from an idea or even some solid research to the point where it is marketable. This process costs millions and millions of dollars and takes many years to complete.

      So, to get back on point, the problem with abolishing patents like this totally means that this investment of millions and millions hasn't quite got that same level of guarantees with it. The folks investing (read gambling on this) will be more hesitant to back that idea with their money, but rather choose to invest where there are more dependable returns.

      If I have a million to invest, I don't care what the investment is - I care about steady and certain returns.

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      Moved to http://soylentnews.org/. You are invited to join us too!
    57. Re:See. Patents/Copyright spur innovation. by Obfuscant · · Score: 1

      But those agreements mentioned in TFS, where pharmacies must only prescribe their offering - that sounds rather anti-competitive to me.

      Pharmacies don't prescribe drugs, doctors do. If a doctor says "generic ok", then the pharmacy has no say in the matter.

      Insurance companies aren't going to eat into their profits by demanding name brands instead of generics, since they'd be paying more for the name brand along with the patient. And if the generic costs less than the copay for a name brand, the patient is going to buy that anyway.

    58. Re:See. Patents/Copyright spur innovation. by camperdave · · Score: 1

      The answer is simple: escalating patent (and copyright) fees. $1 buys you the first year of patent coverage. Each subsequent year costs twice what the previous year did. Once it lapses, it becomes public. You want to hold onto an invention or work of art for 20 years? Fine! It'll cost you over half a million dollars. 30 years? Half a billion. It will be too expensive to maintain intellectual property indefinitely.

      --
      When our name is on the back of your car, we're behind you all the way!
    59. Re:See. Patents/Copyright spur innovation. by Intropy · · Score: 3, Insightful

      They may very well have. Obviously we can't know what happens in that alternate reality. But there are a number of reasons why they might not:

      1) They could wait for someone else to do the work, produce the drug, and make even bigger profits by saving the development costs.
      2) They don't know ahead of time that the drug will be so successful, and not having the exclusive period increases the risk.
      3) "Profit" at this point is a marginal concept. Producing more Lipitor and selling it cheap is profitable. That doesn't imply that selling it cheap this whole time would have been profitable when considering the development costs.
      4) The article notes that Pfizer may be able to out-compete generic producers based on cost. I have no data to back this up, but it's possible that expertise or industrial scale gained during the exclusive period plays a role in their comparative efficiency.

    60. Re:See. Patents/Copyright spur innovation. by Archangel+Michael · · Score: 2

      If you remove profit, then nobody will look for new and better drugs. That, and today's profits off of drugs like this are funding research into next generation drugs and treatments, testing and trials and lawsuits and .... What you're really asking for is for no more research. That's pretty despicable.

      --
      Agent K: A *person* is smart. People are dumb, stupid, panicky animals, and you know it.
    61. Re:See. Patents/Copyright spur innovation. by MightyYar · · Score: 4, Insightful

      First, kudos for keeping the discussion civil.

      I disagree with some of your points, though. Specifically:

      You _do_ realize that animals have lived on this planet millions of years without "paying" anyone. The universe provides everything you need to exist

      Animals (including humans) spend a lot of time "subsisting". That is, chronically hungry or malnourished. Animals left to their own devices generally consume everything that they can, build up a large population, and then starve back to a more sustainable population. Healthy populations of animals tend to be healthy because some predator is culling the sick and old and generally keeping the numbers down. I don't think you want to look to the animal kingdom as any kind of a model for humans.

      I'm sorry but EVERYONE has the right to life, regardless of the cost.

      Everyone has the right not to have their life taken away, but no one has a right to unlimited, state-of-the-art healthcare. Money is just a way to quantify resources, and we don't have the resources to give everyone all the healthcare that they want, when they want it. You have to ration it. Different countries take different approaches. In the US, we have 3 different systems of healthcare and so we see wait lists, prioritization (like for organ transplants), restricted availability, and of course dollars. In some countries, they use restricted availability, age limits for certain procedures, and wait lists. And these are the rich countries. The point is, you have to mete out the health care somehow, and while it seems cold to say, "sorry, you can't afford it," I think it also sounds cold to say, "sorry, you are too old to have a kidney transplant." I'm not sure what the right balance is, but I'm willing to discuss it - but I think it is completely incorrect to say that everyone has a right to healthcare - I think that's more of a laudable goal, or an ideal to strive for, but not a right. You do have a right to die, though :)

      --
      W..w..W - Willy Waterloo washes Warren Wiggins who is washing Waldo Woo.
    62. Re:See. Patents/Copyright spur innovation. by jedidiah · · Score: 4, Insightful

      Monopoly drugs are what's expensive. If you remove one of the justifications for absurd monopoly prices on drugs, you will likely save much more money in the long run than you spend on drug trials.

      Besides drug trials represent an obvious conflict of interest if being carried out by a company that stands to profit greatly from the ensuing monopoly. Taking them completely out of the hands of the drug companies might not be a bad idea just for that.

      --
      A Pirate and a Puritan look the same on a balance sheet.
    63. Re:See. Patents/Copyright spur innovation. by cheekyjohnson · · Score: 1

      Not everyone has that same line of thinking. Although, perhaps most people do.

      --
      Filthy, filthy copyrapists!
    64. Re:See. Patents/Copyright spur innovation. by jedidiah · · Score: 4, Interesting

      Necessity is the mother of invention, not avarice.

      --
      A Pirate and a Puritan look the same on a balance sheet.
    65. Re:See. Patents/Copyright spur innovation. by Anonymous Coward · · Score: 0

      Hey, I was just trying to help your credibility. You wouldn't want people thinking you're posing as two different people or anything,.

    66. Re:See. Patents/Copyright spur innovation. by aztracker1 · · Score: 1

      Costs Millions, but generates billions a year in revenue... sound fair... patents are 20 years... so 10-25 million investment into a drug... 20+ billion in returns... kind of a stretch to say a 20 year patent is necessary, since apparently even after patent expiration they can be profitable from manufacture alone.

      --
      Michael J. Ryan - tracker1.info
    67. Re:See. Patents/Copyright spur innovation. by Anonymous Coward · · Score: 0

      Why should I invent something when I can just wait for you to invent it then rip it off?

      - Because you are wasting time waiting for something that may never come instead of doing something for your profit margin.

      - Because you are never first to market, never a great headline-maker (in positive sense) and in general you are living fighting for bread crumbs falling off real pharma companies' tables against other sorry would-be ripoffs.

      - Because there could be / are thousands of companies just like yours which have no distinction and who doesn't induce trust in potential customers (it is known that your company doesn't understand how the medicine works and just blindly copies new stuff which more then once ended in a disaster and huge liability). Only the desperate and the poor dare using your medicaments - they have to, because they have no money, and every day there seems to always come another "me too" with lower prices then yours.

      In short, if you can rip original manufacturer off, then you will also get ripped off trying to base your business on it. Unlike original manufacturer, you have nothing that would differentiate you from the rest of the pack.

    68. Re:See. Patents/Copyright spur innovation. by Anonymous Coward · · Score: 1

      I don't have a problem with patents or with companies lowering the price. What I DO have a problem with is them negotiating exclusivity deals and other anti-competitive practices.

    69. Re:See. Patents/Copyright spur innovation. by MightyYar · · Score: 5, Insightful

      I'll give you an example. A coal power plant sets up shop on the east coast of the US. It has no pollution controls at all, because this is pure capitalism in this example and the government doesn't require any. Prevailing winds are westerly, so all the pollution blows out to sea and no one gets sick and no one sues. Problem is, all that mercury is getting into the fish. It's impossible for anyone to prove this to a jury and sue that particular plant, so it just continues. Even if they could prove that, statistically, the plant was responsible for some of the mercury - they still would have a heck of a time proving harm. Capitalism will never solve this problem.

      Another is food. Capitalism always has cycles of shortages and gluts. A shortage of hard drives because of a flood in Thailand is one thing, a shortage of food is quite another. Capitalism will never solve this problem, because constantly producing a glut of food would drive farmers out of business which of course leads to a shortage. One solution is for the government to come in and buy the glut and then destroy it - unless of course there is no glut! Then you get to use the food and thank the usually wasteful food program. Not the only solution, but it's a common one. The point is, capitalism won't work on it's own when it comes to staple foods.

      --
      W..w..W - Willy Waterloo washes Warren Wiggins who is washing Waldo Woo.
    70. Re:See. Patents/Copyright spur innovation. by Archangel+Michael · · Score: 1

      OR, we'll go to Walmart and get the generic for $12 (or whatever it is) for three months supply ... and not give a rip about profits or Large Multinationals or China or Obama or Newt or ...

      --
      Agent K: A *person* is smart. People are dumb, stupid, panicky animals, and you know it.
    71. Re:See. Patents/Copyright spur innovation. by exomondo · · Score: 1

      a) you are generalizing and making claims without any justification or evidence that:

      i) hippies are idiotic

      Actually he said:
      idiotic, dirty, lazy hippie

      So if by that he is generalizing then you are just as guilty of generalizing and posting troll/flamebait:
      ignorant greedy capitalist

      See, you're no better. That flows through the rest of your post too.

    72. Re:See. Patents/Copyright spur innovation. by Anonymous Coward · · Score: 5, Insightful

      Drugs come from... drug companies, not from universities, because drug companies have the billions of dollars to put a compound through clinical trials and the expertise to make the drugs usable.

      And don't forget, they've got twice as much money for advertising those drugs as they have for researching those drugs and running those clinical trials.

      Actually, I sold my Pfizer stock long ago, because in an era where medicine's costs are skyrocketing, share value remained pretty much flat. Or dropped.

      After a while I noticed that the REAL drug development seemed to come out of small companies. Big Pharma (Pfizer and friends) were more interested in buying them out than in actual productive work of their own.

      Liptor is the Drug From Hell as far as drug companies are concerned. Every attempt to replace it with something with a newer patent has exploded in their faces, as all the Lipitor "improvements" have been pretty darned dangerous, whereas Lipitor is fairly safe for most people.

    73. Re:See. Patents/Copyright spur innovation. by Anonymous Coward · · Score: 0

      Why does anyone innovate when they know competitors will just copy their success? Because being first to market and the expertise has value beyond just dumbly copying something,

    74. Re:See. Patents/Copyright spur innovation. by TheGratefulNet · · Score: 4, Insightful

      thank you.

      lets always remember that if they can afford so much on advertising and marketing, SOMETHING IS WRONG and should be changed.

      this is healthcare. its not some luxury item.

      lets not forget this. its what makes us HUMAN, dammit.

      healthcare is different. it is. if you don't understand that, you are a barbarian.

      --

      --
      "It is now safe to switch off your computer."
    75. Re:See. Patents/Copyright spur innovation. by demonlapin · · Score: 2

      A very similar situation obtains in the oil and gas drilling industry - small companies do the development work, identify the field, drill a few test wells, and ultimately sell the field to a large company like ExxonMobil, Texaco, etc. The small companies do their job and take their profit, then move on to the next one - they're more nimble, and the big boys would rather pump oil and refine it for fuels and chemicals than go out and find it.

    76. Re:See. Patents/Copyright spur innovation. by Anonymous Coward · · Score: 0

      They did not have Steve Jobs and his RDF to work it's magic on /. crowd.

      I'm sure you think so

      It was portrayed in a poorly-drawn comic that spared you from having to make your own argument ... so obviously it must be true!

      Is there anything more sheep-like than needing a comic to articulate your position for you? And always picking from the same particular comic, not because no others exist or also make good points, but because everyone else here refers to that same one? What was that you were saying about "sheeple" again? Oh, right, you didn't say anything at all.

    77. Re:See. Patents/Copyright spur innovation. by Anonymous Coward · · Score: 0

      Do you think Pfizer would have invested all the money it took them to develop Lipitor if they weren't guaranteed the years of patent protection? Now that patents have expired, the public deserves the benefits of competition from generics to drive the price down.

    78. Re:See. Patents/Copyright spur innovation. by ohnocitizen · · Score: 1

      I wonder whether drugs ought to be patentable. But why should patents be against the law? If I come up with an amazing invention, shouldn't I be able to ensure someone else doesn't take the idea and run with it, even if just for a little while?

    79. Re:See. Patents/Copyright spur innovation. by demonlapin · · Score: 1, Insightful

      So what? The fact that marketing a drug is really expensive doesn't mean that developing it is cheap.

    80. Re:See. Patents/Copyright spur innovation. by lorenlal · · Score: 4, Insightful

      The clinical trials have to adhere to extremely strict regulations by the FDA.

      Also, there is insane liability with drugs too. If you (by your suggestion) think that drug companies are at all interested in cutting some corners during testing and trials, you're clearly not considering the amount of money said company stands to lose if something bad were to happen. If you want to see a sample: http://drugclassactionlawsuit.com/

      So, yea, there's huge risk in bringing something to market. I don't know what a good solution is yet, or if maybe moving the research/testing to the public sector is a good idea... But don't discount that the drug companies (the few that are still around) have plenty riding on making sure those trials.

    81. Re:See. Patents/Copyright spur innovation. by pz · · Score: 5, Insightful

      That's a nice Hollywood-inspired vision you have there.

      Reality is that research costs money. A lot of money. Being passionate and driven, in the Hollywood sense, is largely irrelevant because that does not get you research dollars. Money for health-related research comes from the NIH, and only the NIH, to first approximation. Yes, there are other sources, but the NIH dwarfs them all. Sure, an extraordinarily motivated researcher might be able to convince George Soros to give him a few million dollars to pursue a multi-year plan on a new drug target, but that's the Hollywood fantasy again. The vast majority of biology researchers get their money from the standard NIH grant mechanism called an R01 (pronounced ARR-OH-ONE). That would be your tax dollars at work.

      As another poster pointed out, that's only the first step. A drug target has been identified by university research. Now, the hard part begins where multiple animal models are tested in large scale, followed by Phase I clinical trials with a small cohort to demonstrate that the drug causes no harm, then Phase II trials with a slightly larger cohort to determine effective doses, then, perhaps, another animal study or two because the results didn't work as well as anticipated in humans, followed by Phase I again on a reformulated drug, then more research to figure out why there were horrible side-effects, back to Phase I, then Phase II, and, if the developer is lucky, Phase III. We're talking years after the initial discovery now, with lots of hospital costs, lots of salaries, and *then* the legal stuff starts with the FDA to get approval for general release. Next, lobbying starts on the insurance companies, especially Medicare and Medicaid, to cover treatment with the drug.

      Put it this way, there is an entire industry focused specifically on clinical trials, and most drug candidates don't make it through. Because we've set the bar so high to get a drug approved, and the success rate is so low, there must be substantial reward for many people to justify the expense. One researcher having a dream is not enough, despite what Hollywood would have you believe.

      --

      Put my fist through my alarm clock with its ding-dong death inside my ear. - The Blackjacks.
    82. Re:See. Patents/Copyright spur innovation. by demonlapin · · Score: 4, Informative

      In the early 1900s, nobody had NMR, IR, or mass spectrometry to determine structures and reproduce them. And we really had very few drugs - if you study the development of clinically useful drugs, modern mechanisms of action mostly didn't appear until the amphetamines of the 1920s, and penicillin and the antihistamines in the 1930s.

    83. Re:See. Patents/Copyright spur innovation. by wazza · · Score: 2

      OK, I've had enough of this garbage. Time for a reality check.

      c) that is is OK to put a price on saving a human life. (i.e. "Sorry, you can't afford this drug -- you deserve to die.")

      In the real world, where everything that is done requires work, and possibly depletion of resources, there always IS a price that can be put, on anything.

      We might not like that fact, and it might not be all touchy-feely friendly, but that's how it is. Effort is required to get useful things done, effort requires work, and usually resources, and thus it costs you (or someone else). Money isn't very equitably distributed, but the various forms of it are what the entire world uses to trade for time, energy, and resources.

      But I'm really peeved by the completely BS second part of your point:

      "Sorry, you can't afford this drug..."

      Fair enough, a statement of the reality that some people sometimes face. You might never face it yourself (be lucky enough to live in a rich country), but most people do from time to time. It's a horrible situation to be in, and I've been there myself more than once.

      " -- you deserve to die."

      However, this sentence is simply your opinion of how you think other people are thinking, and is impossible to logically derive from the previous sentence. What a pathetic, sensationalist red herring. You should be ashamed of yourself. Do you have any proof at all that your second sentence describes the thought processes of the majority of people in the world? Because let me tell you, "you deserve to die" is a very hard indictment of someone - and the vast majority of people that I've ever known do not think in that way.

      Also, the following is also wrong:

      I'm sorry but EVERYONE has the right to life, regardless of the cost.

      No, they don't. I want your statement to be right, for the world to be like that. But it is not. You don't have the right to life, you merely have the right to fight for your own life. There is no universe-granted right to live. Civilization of humanity has brought us the understanding, and in some cases ability, to try and create and defend a "right to live" through a thousand different constructs such as government, welfare, centralised planning, universal healthcare (for some), and so on. But the natural world in general does NOT provide that, and civilization's attempts to overcome that fact will never succeed completely. We just don't have the mastery of our environment to do so. If the modern world allows you the chance to avoid certain medical problems, treat others, and generally extend your life compared to no care and assistance at all, then good. But that's a privilege of living in a rich, modern society, and not some sort of "I inherently deserve this" right.

    84. Re:See. Patents/Copyright spur innovation. by demonlapin · · Score: 2

      $10M is a drop in the bucket for a clinical trial.

    85. Re:See. Patents/Copyright spur innovation. by ChromeAeonium · · Score: 1

      Yeah, I don't get some of the comments here. The way I see it, we've pretty much only got two options. One, a massive publicly funded program to develop, test, and produce drugs, which would cost tax dollars but could provide drugs without concern for the end profit, or two, the privately funded drug companies that do the R&D themselves, but who ultimately need a profit motive to continue to exist. There is no third option, where the drug companies just make drugs for the fun of it and give them away/let their research be used by generics companies without compensation. They simply wouldn't exist without the ability to get a return on investment, and that means patents. These things aren't brought by the Pharma Fairy. If you don't like it, advocate the first option. I wouldn't have a problem with more publicly funded research, if it meant making people's lives better with new medical developments. It'd certainty be better than some of the bullshit tax dollars get pissed away on. But don't blame the companies that you can't have the best of both worlds.

    86. Re:See. Patents/Copyright spur innovation. by Anonymous Coward · · Score: 0

      ...but neither are the companies.

    87. Re:See. Patents/Copyright spur innovation. by vipvop · · Score: 2

      And yet you lack the basic understanding that using "FAIL" means you're a fucking idiot who belongs on icanhazcheezburger - shouldn't you be posting image macros somewhere?

    88. Re:See. Patents/Copyright spur innovation. by Anonymous Coward · · Score: 0

      Why should I invent something when I can just wait for you to invent it then rip it off?

      Because you'll constantly be 2nd to market.
      I mean If you really, really need it maybe a 1-2 year monopoly would make sense. Just in case it takes the creator a while to get things rolling.
      But anything that unnecessarily stifles the free market is bad for everybody.

    89. Re:See. Patents/Copyright spur innovation. by Anonymous Coward · · Score: 0

      let me fix that for you...

      Necessity _should be_ the mother of invention, not avarice.

    90. Re:See. Patents/Copyright spur innovation. by Anonymous Coward · · Score: 0

      Are you telling me that a government should fund every companies clinical trial at $10M a pop?

      Yes. And then sell the drugs at cost. Would probably save a lot of money in the end.

    91. Re:See. Patents/Copyright spur innovation. by c6gunner · · Score: 4, Interesting

      Exactly. A good rule of thumb: if your "right" requires others to do something for you, it's not a right - it's a service.

    92. Re:See. Patents/Copyright spur innovation. by TheGratefulNet · · Score: 1

      it DOES mean that instead of spending 2x and getting 1x of value, you COULD spend 1x to get 1x of value.

      (duh?)

      --

      --
      "It is now safe to switch off your computer."
    93. Re:See. Patents/Copyright spur innovation. by TheGratefulNet · · Score: 1

      actually, he is right and you are wrong.

      someone will always step up to do the work. witness the outsourcing of our IT jobs. we have been undercut and yet the jobs are getting done - by -someone-.

      same here. if the big pig phrama co's don't get huge paybacks, they'll leave but others will enter. someone will fill the vacuum.

      its so arrogant to think that only the promise of being ultra rich is going to motivate people. (are you one of those 1%-ers?)

      the same could be said about politics. remove all money motivations and you'll find that the people seeking those positions are now going in it for the right reasons.

      the profit motive is WRONG in many cases. haven't we learned that the hard way, enough times, yet?

      --

      --
      "It is now safe to switch off your computer."
    94. Re:See. Patents/Copyright spur innovation. by TubeSteak · · Score: 1

      Besides drug trials represent an obvious conflict of interest if being carried out by a company that stands to profit greatly from the ensuing monopoly. Taking them completely out of the hands of the drug companies might not be a bad idea just for that.

      You don't have to take the drug trials out of the Pharmaceuticals' hands.
      Just require them, by law, to publicly report the results of *all* trials that involve the drug.
      That'll prevent cherry picking positive trials for the FDA.

      I'm not picky about the details, so long as the release date is far enough in advance
      of FDA approval for the public to meaningfully digest the trial results and submit comments to the FDA.

      --
      [Fuck Beta]
      o0t!
    95. Re:See. Patents/Copyright spur innovation. by TheGratefulNet · · Score: 1

      Because we've set the bar so high to get a drug approved, and the success rate is so low, there must be substantial reward for many people to justify the expense.

      again, I have to say that this assumes that all people are ONLY motivated by the lowest animal instincts.

      its true a lot, I'll give you that; but its not universal.

      if we had a better filter that only let in those who seek to help the cause (yes, healthcare is a combined human CAUSE, not an industry like making spark plugs) then they would not be expecting half the price to be paid in MARKETING COSTS.

      see, you lose all high ground once you let on that they throw half their money away on foolishness.

      drugs don't have to be advertised, not at all in the conventional and expensive ways. the ones who need to know of their existence are doctors/etc and they don't really need high budget ad campaigns.

      if the industry was honest, we could take them a bit more seriously. but they lie and lie in our faces. sorry, but we can't trust a thing they say, when they claim 'we only can do this if you promise us billions in profit'.

      that's bullshit. you don't need that incentive. it may be NICE to have it, but the rest of us don't have it.

      its an unfair and unjust imbalance. it has to stop. to have cures and to hold them ransom from sick people is just inexcusable.

      we need to remember our humanity. not everything in life is a business transaction. a little thing called compassion used to be part of daily life a long time ago..

      --

      --
      "It is now safe to switch off your computer."
    96. Re:See. Patents/Copyright spur innovation. by Sperbels · · Score: 4, Interesting

      Or maybe the big companies are interested in avoiding the bad publicity involved with developing a new field, so they fund the small companies that take the heat, and then take over after the dirty work is done.

    97. Re:See. Patents/Copyright spur innovation. by Lunix+Nutcase · · Score: 1

      I'm sorry but EVERYONE has the right to life, regardless of the cost.

      Ok. We'll just send all the bills to you, right?

    98. Re:See. Patents/Copyright spur innovation. by Anonymous Coward · · Score: 0

      What does it matter to me? I made it because I wanted it. The only argument for copyright is when you want some to sell something and aren't actually interest in the product personally.

    99. Re:See. Patents/Copyright spur innovation. by Anonymous Coward · · Score: 0

      has music industry let it go with copyrights ? no, they are trying to extend it to 120 years now. pfizer is just another example. bad example though - they could just lobby beforehand and try to extend patent durations, like music industry does with copyrights.

      Congress will never allow micky mouse to fall into the public domain. A bunch of corrupt fuckwads all of em.

    100. Re:See. Patents/Copyright spur innovation. by houghi · · Score: 1

      Talking about public funding. What about medicine that came from projects funded by 'Fight against '. You know, all those who collect money to fight aids or cancer or MS or whatever.

      --
      Don't fight for your country, if your country does not fight for you.
    101. Re:See. Patents/Copyright spur innovation. by Anonymous Coward · · Score: 0

      Big Pharma actually has generic companies manufacturing their products and has been doing this a long time.

      Examples from Canada that I'm fairly certain come off the same tablet presses:
      Caduet and Gd-Atorvastatin/Amlodipine are both Pfizer stamped pills. I'd be pleasantly surprised if Gen Med isn't owned by Pfizer.
      Diovan and Sandoz-valsartan are identical pills
      Pantoloc and Ran-Pantoprazole
      Pariet and Ran-Rabeprazole
      Restoril (Brand) is made by Sandoz. The capsules have Sandoz written on them.

      Those are some examples that come to mind.

    102. Re:See. Patents/Copyright spur innovation. by cavreader · · Score: 1

      " based on research done at universities; including publicly funded ones"
      Universities receive large grants from the drug companies to fund this type of research. New drug development can cost millions of dollars even when there is no guarantee of eventual success. The companies doing this type of work deserve to be able to at least recover their expenses. Patents in the software industry can be ridiculous and harmful to innovation in the extreme but the drug manufacturers have a clear cut reason to take advantage of patents.

    103. Re:See. Patents/Copyright spur innovation. by Reziac · · Score: 5, Interesting

      They may also outcompete on patient satisfaction.

      Generics don't necessarily equate (nor do branded versions), and both for that reason and physician inertia, the prescription market tends to be slow to shift. Here's an example:

      http://www.citizen.org/Page.aspx?pid=3106

      As to why they don't equate -- even when the active ingredient is identical, the various binders and excipients can greatly differ, and that can mean that some patients only do well on a specific brand. This can be particularly critical with drugs that are prescribed in very low doses (micrograms) or that tend to degrade very rapidly.

      I was just reading a study on that the other day (can't find it again offhand but it was in NEJM) -- for one commonly-prescribed drug, results were radically different depending on the binder -- from 18% to 90%. This can result in nominally-identical drugs not being bioequivalent (and the FDA has a rating system for bioequivalence).

      [BTW as it turned out, the cheap old-fashioned sugar-based binders performed best.]

      --
      ~REZ~ #43301. Who'd fake being me anyway?
    104. Re:See. Patents/Copyright spur innovation. by peppepz · · Score: 1

      Yes, they do. Being able to get sole rightrs on the drug is why tneya re invented.

      Or, they could do it in the free market, which is known to minimise prices and maximise availability of goods (at least when its rules are applied to less powerful market actors).

      That's what farmers, lawyers, plumbers, engineers, bakers, clerks, programmers, merchants, barbers, bankers, receptionists, architects, truckers, miners, doctors, astronauts, cooks, managers, bricklayers etc. do, more or less. And they wouldn't dream of crossing their arms because there's another entity on the planet who dares to do the same job as them.

      It can cost mollions of dollars.

      And it returns billions and billions. If there's no private entity willing to spend the initial millions, we could be better off funding millions into public research, which would make its results available to everyone (examples: GPS, TCP/IP, WWW), potentially creating millions of jobs. The public, i.e. the actual people spending the money in the end, would still save, because they would spend millions instead of billions and billions.

    105. Re:See. Patents/Copyright spur innovation. by flyingsquid · · Score: 2

      Or should the government decide who gets this clinical trial money? Not sure if you know this, but the government isn't always the best judge of which companies / ideas to support.

      The free market has its own failings. When drug development is strongly driven by the profit potential, drug development inevitably goes where the money is, but that's not always where we need drug development to go. For instance, there are a lot of well-off white guys who have trouble getting boners, so the drug companies have spent untold millions giving us Viagra and similar drugs. Meanwhile, there are a lot of poor, dark-skinned people in the Third World who are suffering from malaria. But since they don't have a lot of money to spend on drugs, drug companies haven't done such a good job of developing antimalarials. In fact, many of the widely used anti-malaria treatments are the result of government research. Mefloquine (Lariam) was developed by the U.S. Army, Chloroquine was invented by Bayer but only used for malaria following U.S. government testing, and artemisinin- the newest addition to the antimalarials- was developed from a folk remedy by the People's Liberation Army of China. In short, if there's money to be made treating a disease, the free markets (with incentive provided by patents) are a very effective way of developing and testing treatments. But if the sufferers are poor, the free market isn't much help. Nobody is going to dispute that there are things that the free market does best, however there are definitely some places where governments need to step in and do things that are unprofitable, but necessary.

    106. Re:See. Patents/Copyright spur innovation. by HuguesT · · Score: 2

      Actually the American way is not the only way. You can also socialize the costs so that most people get the treatment they *need*, not based on their revenue. I suggest you take a look at Canada, Australia, NZ most of Europe, and so on. There getting cancer or any long-term illness does not necessarily mean bankruptcy or selling your house.

      And guess what, it is not that expensive. Certainly less than a few wars here and there.

    107. Re:See. Patents/Copyright spur innovation. by peppepz · · Score: 0
      So, he is slightly off topic because he's talking about a company exploiting the patent system instead of a company that has just finished exploiting the patent system, and this is "enough to be considered flamebait"?

      First of all, flamebait and off-topic are two different and orthogonal downmods.

      Second, I don't think he's so offtopic as to need obscuration. He's talking about the evils of the patent system, of which this article provides but another evidence. If his comment was flamebait, it was because he pulled in the RDF gratuitously in an arguably flammable way.

    108. Re:See. Patents/Copyright spur innovation. by serviscope_minor · · Score: 2

      I would class myself as neither an "idiotic, dirty lazy hippy" nor an "ignorant , greedy capitalist", though I have most certainly been classified as both of those by other people (make of that what you will).

      What I am is an engineer...

      that is is OK to put a price on saving a human life. (i.e. "Sorry, you can't afford this drug -- you deserve to die.")

      I've never seen a better way of doing safety. As an engineer, we were taught that the going rate for a human life was in practice about 1 million pounds (at the time), and bear in mind that engineering disasters have a habit of killing quite a lot more than one person.

      It might seem callous, but otherwise how do you determin how much to spend on safety? If you put the price per life up to infinity or even large but finite, then you can never do anything because someone might die and you simply can't afford to spend any more money. Obviously, if you put it too low, then you couls have easily saved a number of lives with a small outlay.

      And now on to drugs, its the same argument. It crops up a lot in the UK, especially when an expensive new drug comes on the market which could be given to a lot of people. You always get cries of "life shouldn't have a price", "everyone should get this drug". Well, yes. Life shouldn't have a price and everyone should be able to get the drug, but the problem as always is reality.

      If you give lots of people an expensive drug from the NHS budget, then there will simply be less money for other treatments for other people, meaning more, not fewer people will die. Actually, the NHS could avoid putting a price on life by doind a massive global optimization to minimize the expected early death rate under a constrained budget. It probably should be done, but I expect it would be very hard. Putting a price on life is a good surrogate cost. In fact, it feels like having the correct a fixed price on life could put an upper bound on the optimal death rate (conjecture).

      But the conclusion of that diatribe is that if you don't put a price on life, then how do you decide how much to spend on averting risks?

      --
      SJW n. One who posts facts.
    109. Re:See. Patents/Copyright spur innovation. by Anonymous Coward · · Score: 0

      Are you talking about R&D cost? OK, let's take a look:

      http://en.wikipedia.org/wiki/Pharmaceutical_company#Market_leaders_in_terms_of_revenue

      The average revenue of the market leaders in 2008 is 25billion USD with only 3.5billion spent on R&D

    110. Re:See. Patents/Copyright spur innovation. by Waccoon · · Score: 3, Interesting

      the pharmaceutical industry is one of the few areas left in the US consistently providing high paying jobs to smart, motivated and educated people.

      I generally agree with your stance, but lines like this bother me. My sister used to work for a number of pharmaceutical companies. "High paying" doesn't really describe the positions very well, and the instant a breakthrough was made, management sold the company and the workers got their pink slips (hence, working for "a number of" companies). I find it amazing that anything gets done at all, when everyone knows an R&D breakthrough means everyone loses their job.

      It's as dirty a business as any other.

    111. Re:See. Patents/Copyright spur innovation. by Linzer · · Score: 1

      we don't have the resources to give everyone all the healthcare that they want, when they want it. You have to ration it.

      I respectfully disagree with this. The developed world today is more than wealthy enough to provide a broad range of quality healthcare to all its residents, for free. Not all the healthcare people want, but all the basic care they need. Of course, that is a socialist policy, which you are free to disagree with. It is at least partially implemented in many countries today, whose budget deficits are no worse than that of the US. Interestingly, in those countries, unsubsidized private healthcare can be considerably more affordable than in the US.

      My point is that rationing healthcare in wealthy countries today is a choice, not a necessity.

      --
      Gravitation is a theory, not a fact.
    112. Re:See. Patents/Copyright spur innovation. by Linzer · · Score: 1

      Exactly. A good rule of thumb: if your "right" requires others to do something for you, it's not a right - it's a service.

      That is true of natural rights. But we live in societies where we have elected to grant ourselves many rights that are human constructs. The right to elect our leaders, for one, requires others to do things for us. Maybe you consider that you have a right to basic personal safety, which requires people to maintain a form of law and order.

      Or maybe you are the sole inhabitant of a nation-island, in which case I take my comment back.

      --
      Gravitation is a theory, not a fact.
    113. Re:See. Patents/Copyright spur innovation. by BeardedChimp · · Score: 1

      Marketing drugs shouldn't be expensive because it shouldn't be allowed. In the UK you cannot advertise drugs to patients, the only advertising allowed is to doctors. But doctors are provided with NICE guidelines which recommend which drugs should be used as first and second line treatment for each illness. NICE also seems to do admirably well at resisting the lobbying of the drugs companies. There are constantly stories in the right wing press bemoaning NICE not allowing some new and expensive drug to be prescribed instead of the cheap generic that it replaces.

    114. Re:See. Patents/Copyright spur innovation. by dotancohen · · Score: 2

      Or maybe the big companies are interested in avoiding the bad publicity involved with developing a new field, so they fund the small companies that take the heat, and then take over after the dirty work is done.

      The John Galt Drug Company?

      --
      It is dangerous to be right when the government is wrong.
    115. Re:See. Patents/Copyright spur innovation. by cvtan · · Score: 1
      Drug company strategies:
      1) Drug companies should go back to inventing diseases like restless leg syndrome or pre-osteoporosis (osteopenia) instead of new drugs. It will be safer for all of us. Maybe not.
      2) I have noticed the latest tactic is to get people to start taking drugs in childhood and keep them on it FOREVER.
      3) Make drugs that are very expensive where you have to wait 6 months to see if they work.
      4) Keep lowering the official safe cholesterol level so more people need statins.
      5) My favorite innovation has to be medications that kill you if you stop taking them.

      I think the same people that invent new bank fees are working on new medications.

      --
      Sorry, but gray text on gray background is making my eyes bleed.
    116. Re:See. Patents/Copyright spur innovation. by Anonymous Coward · · Score: 0

      Avarice is the father. It can impregnate many necessities.

    117. Re:See. Patents/Copyright spur innovation. by Anonymous Coward · · Score: 0

      How is this bad for the consumer?

      Creating an artificial monopoly by extortion and anti-competitive tactics is never good for the consumer. It's bad because what they plan to do is the same what Intel did to illegitimately increase its market share by forcing retailers not to stock AMD. At least in the EU they got punished for it ... a little ... and too late.

    118. Re:See. Patents/Copyright spur innovation. by Fish+(David+Trout) · · Score: 2

      And don't forget, they've got twice as much money for advertising those drugs as they have for researching those drugs and running those clinical trials.

      With good reason I would suspect.

      Developing a new drug is a very risky and very expensive thing. R&D costs money and lots of it, while generating exactly zero dollars in income.

      The sales of said drugs (i.e. the fruit of R&D's labor) however, is what generates income, and is what ultimately covers the incredible cost involved in developing it in the first place (as well as the cost of failed research efforts on drugs which "never panned out" and thus never made it to market).

      If the percentages spent on promotion verses R&D were reversed (e.g. only 13.4% on marketing verses 24.4% for research and development), they might not be able to generate enough income to cover the cost of all the dollars they were sinking into developing their new wonder drug, and then where would we be? After all, "He who has a thing to sell and goes to whisper in a well, is not as apt to get the dollars as he who climbs a tree and hollers!"

      Now I'm no fan of seeing so many advertisements for drugs in so many magazines, etc (since such advertisements are mostly lots of hype sprinkled with heavy doses of fine printed medical gobbledy-gook which I can neither read what with my poor eyesight nor understand what with my non-existent medical training), but bashing drug companies for spending more on advertising than your average non-drug company is hardly a convincing argument that they are therefore all greedy sons of bitches. (There are much easier ways to make money than developing new life-saving drugs after all, so greed (i.e. wont for profit) can't be the sole motivating factor).

      Bottom line: given a choice between fewer life-saving drugs but a couple extra dollars in my pocket verses a realible supply of some life-saving drug that I might some day need in order to survive (at the marginal cost of more dollars going into their pockets instead of mine), I vote for the latter thank-you-very-much.

      NOW THEN, getting back on topic...

      If they have indeed had more than plenty enough time to recoup the costs incurred in developing said drug and are now simply wishing to prolong their ride on the profit train their investment generated because they inadequately failed to plan ahead for said train eventually reaching the end of the line which they knew was coming, then fuck 'em. They should have planned ahead better.

      --
      "Fish" (David B. Trout)
    119. Re:See. Patents/Copyright spur innovation. by Anonymous Coward · · Score: 0

      Except that our "brilliant" government is paying farmers subsidies to NOT farm, instead of buying the excess crops...they are not buying the surplus and using it to feed starving people here in the US or abroad, or selling it to other countries and using the money to reduce debt, we are literally using tax dollars to pay farmers to produce nothing. The amount they are being paid is more than they would make producing food, and has no risk.

    120. Re:See. Patents/Copyright spur innovation. by Anonymous Coward · · Score: 0

      Now unless you're an idiotic, dirty, lazy hippie who thinks everything should be free

      Or supporter of non-market/mixed economic models. Not everybody who disagrees with you is an "idiotic, dirty, lazy hippie".

    121. Re:See. Patents/Copyright spur innovation. by ajo_arctus · · Score: 0

      No, he's off topic because he's bringing up this god damned near-religious love/hate of gigantic tech corporations that immediately creates a stupid and pointless flame war. With luck, a enough number of us are so sick of these types of comments that they can get squashed before it hijacks the thread -- I'd certainly have moderated him -1, Flamebait if I had mod points.

      I used to come here to read the interesting discussion. All I see now is people arguing about how their favourite multi-billion dollar corporation is so righteous/brilliant/good/indestructable versus the evil multi-billion dollar corporation they so detest. It is a total waste of human energy.

      I wouldn't mind, I'd just stop reading, but the other tech sites are even worse! Engadget has become a literal joke that other writers use to describe (and mock) the rapid downfall of a site and its readership.

      Don't get me wrong, I have my allegiances too. I also used to be young, and I was attached to my favourite computer makers. Had the web been around back then, I'd probably have started flame wars too. Maybe we just need an alternative retirement-home version of slashdot, for people who remember what it was like to load a programme from tape or the entire OS from a single floppy disk.

    122. Re:See. Patents/Copyright spur innovation. by Anonymous Coward · · Score: 0

      That's a very poor example. We can't "produce" kidneys, we have to get them from a very limited supply of donors. Even if you had all the money of the world, you couldn't procure enough transplants for everyone, hence we have to give priority to the people who are most likely to survive. A scarce resource for all intents and purposes.
      Not so much with drugs which can be manufactured in quantities sufficient for everyone, once researched. This is more of a case of "I'm sorry but you should suffer because you weren't lucky enough to be born richer".

    123. Re:See. Patents/Copyright spur innovation. by demonlapin · · Score: 3, Insightful

      Not really. Everybody acts like sales and marketing are unimportant details. They are not. Products do not sell themselves, and no amount of disliking sales and marketing people is going to change that. Companies that ditch their highly-paid sales staff (some of whom will outearn the CEO/founder, especially in small companies) quickly find this out.

    124. Re:See. Patents/Copyright spur innovation. by demonlapin · · Score: 2

      What bad publicity? The big boys do the offshore work, the Alaska work - we're talking about land-based here, which are mostly in areas that have had oil and gas exploration for a long time and look at it as a source of revenue and jobs.

    125. Re:See. Patents/Copyright spur innovation. by demonlapin · · Score: 1

      See, without the new and expensive drugs, there won't be any more cheap generics to come along. You can - right now - take every medication that was best-on-the-market in 1990 as a generic.

    126. Re:See. Patents/Copyright spur innovation. by Bert64 · · Score: 2

      Drug development as a whole is a conflict of interest when done by for-profit companies...

      A cure is far less profitable than an ongoing course of drugs that simply alleviates the symptoms.

      Research should be performed by non profits, government, universities, charities etc... For-profit companies should only be dumb manufacturers, competing on price.

      --
      http://spamdecoy.net - free throwaway anonymous email - avoid spam!
    127. Re:See. Patents/Copyright spur innovation. by rjstanford · · Score: 1

      All you need is for one person with a larger sales/marketing budget than you to have that line of thinking, and you're basically out of business. That's the real problem - for the inventor to succeed without protection requires everyone to be nice - the first bad apple spoils the bunch. Which is why we have what were supposed to be limited patent/copyright protections, which work quite well - its when they become effectively unlimited that their problems really come to the fore.

      --
      You're special forces then? That's great! I just love your olympics!
    128. Re:See. Patents/Copyright spur innovation. by GungaDan · · Score: 1

      Boner pills are a *great* example of drug companies profiting from publicly-funded research. Robert Furchgott at SUNY Downstate laid the foundation for this class of drug with his NIH-funded research. He won the Nobel for his work. But Pharma got the profits.

      --
      Eloi are stupid, throw morlocks at them!
    129. Re:See. Patents/Copyright spur innovation. by msauve · · Score: 1

      "If a doctor prescribes "generic lipitor equivalent" since he doesn't care about the brand and generics are generally cheaper, then the pharmacy provides a "generic" designated version and can't give brand name Lipitor even if the branded version is actually cheaper."

      "Generic" doesn't mean what you think it means. "Generic lipitor equivalent" includes branded Lipitor, since it's the same drug (atorvastatin).

      --
      "National Security is the chief cause of national insecurity." - Celine's First Law
    130. Re:See. Patents/Copyright spur innovation. by AmiMoJo · · Score: 1

      Are you telling me that a government should fund every companies clinical trial at $10M a pop?

      Why now? We all need medicine, most countries have some kind of state funded healthcare system. Rather than rely on for-profit companies to develop new drugs and then charge us a fortune for them we should just do it ourselves. In the long run it will save us money too because medicine will be available to us at cost.

      The EU manages to club together to build and operate a particle accelerator, and I don't see any reason why we shouldn't be building large scale medical research centres along the same lines.

      --
      const int one = 65536; (Silvermoon, Texture.cs)
      SJW, n: "Someone I don't like, and by the way I'm a fuckwit" - AC
    131. Re:See. Patents/Copyright spur innovation. by BasilBrush · · Score: 1

      In general software patents are not accepted in Europe. Yet there are plenty of European software companies.

      In general the software companies in Europe prefer it this way. There's no way you can do an exhaustive search for patents on every feature and algorithm that gets included in code. And they can do without the risk of being sued for shipping a product.

      The companies in favour of software patents are very large, and mostly American. They've got used to winning legal games through through having more money to throw at litigation. And they'd like to play those games elsewhere in the world too.

      The situation might be different with drugs or manufacturing, or whatever. But lets not assume that patents are needed when we can point to an area where they are more of a hindrance than a help to innovation.

    132. Re:See. Patents/Copyright spur innovation. by Attila+Dimedici · · Score: 1

      Just require them, by law, to publicly report the results of *all* trials that involve the drug.

      They are currently required, by law, to report the results of all trials of a drug to the FDA when they seek approval of that drug.

      --
      The truth is that all men having power ought to be mistrusted. James Madison
    133. Re:See. Patents/Copyright spur innovation. by Anonymous Coward · · Score: 0

      And don't forget, they've got twice as much money for advertising those drugs as they have for researching those drugs and running those clinical trials.

      Wrong. Read the article. According to the article, they spend more on marketing than R&D. R&D does not include clinical trials, which are by far more expensive than R&D.

      Also, the researchers estimates of marketing expenses are very odd. From the article:

      CAM reported total promotion spending by the U.S. pharmaceutical industry as US$33.5 billion in their 2004 report, while IMS reported US$27.7 billion for the same year. The authors observed, however, important differences in figures according to each promotion category. By selectively using both sets of figures provided by IMS and CAM, in order to determine the most relevant data for each category, and adjusting for methodological differences between the ways IMS and CAM collect data, the authors arrived at US$57.5 billion for the total amount spent on pharmaceutical promotion in 2004. The industry spent approximately US$61,000 in promotion per physician during 2004, according to Gagnon.

      So, we take the estimates from two respected industry sources and add them together? What kind of biased selection was used to get $57.5 billion?

    134. Re:See. Patents/Copyright spur innovation. by Anonymous Coward · · Score: 0

      No, dumbass, drug research is expensive. If you get rid of the reward of monopoly drugs, then you get rid of the incentive to do drug research. Drug liability is expensive. If you get rid of the reward of monopoly drugs, then you get rid of the incentive to accept the liability. Let me give you a hint. I've stopped funding them. People like you and the idiot populist you elected are the reason I no longer fund drug research.

    135. Re:See. Patents/Copyright spur innovation. by aurispector · · Score: 2

      This is quite possibly the most stupid thing I've ever read on /. and that is saying a lot. How will an American drug manufacturer ever make a dime if they shoulder the cost of R&D, only to have the market stolen by low cost operators from china and India who pay workers pennies on the dollar compared to US workers?

      Here's an example illustrating why you are not only so incredibly wrong but quite possibly in a delusional/hallucinatory state.

      Imagine little Jonny has a hangnail and it's fatal. Fatal Hangnail Disease (FHD) happens to be extremely complex, so complex that it will take the entire worlds' population 1000 years of working 24/7 to figure it out. How soon would altruism find that cure? Please recall that these people need to be fed, clothed, sheltered, etc., for the duration.

      The answer is pretty much never, particularly if you plan to treat Jonny for free once the cure is discovered.

      Same result if you don't have IP to cover the cost of research. Why would anyone do all that work if someone else is simply going to start producing the drug, having paid nothing toward the cost of development. The drug companies have no incentive to do anything.

      People here are whining that drug companies make profits over and above the cost of development. The key to understanding it is that unless there is money to be made, the smartest, brightest, best educated people in the world won't engage in a complex endeavor to do anything. Why? Because people have to look after their own interests first. No other economic system has ever produced such results so predictably. That's the way it is, that's the way it always will be.

      Altruism can't hold a candle to self interest when it comes to motivation value.

      --
      I have mod points. The reign of terror begins now.
    136. Re:See. Patents/Copyright spur innovation. by Anonymous Coward · · Score: 0

      And yet, sometimes...

      The reason my dad isn't here anymore is a Rezulin-induced heart attack. Think about it - if companies always did due diligence perfectly, would there be that huge list of class action lawsuits there?

      I'm not saying that you're wrong overall, but the argument that large liabilities prevent negligent behavior doesn't always work, particularly when the economic rewards of fast-tracking a valuable medication are so large.

    137. Re:See. Patents/Copyright spur innovation. by Anonymous Coward · · Score: 0

      trying to figure out which cellphone you typed your comment on. N900, maybe? :)

    138. Re:See. Patents/Copyright spur innovation. by crunchygranola · · Score: 5, Insightful

      Not really. Everybody acts like sales and marketing are unimportant details. They are not. Products do not sell themselves, and no amount of disliking sales and marketing people is going to change that. Companies that ditch their highly-paid sales staff (some of whom will outearn the CEO/founder, especially in small companies) quickly find this out.

      This response is completely upside-down: taking a serious problem that "free market fundamentalists" have created in the U.S., and treating it as if it is not only normal, but also inevitable and really a GOOD thing!

      The fact that the U.S. dropped restrictions on drug companies on marketing prescription drugs directly to the public, thus becoming the only country in the world that allows it, is part of the reason that the cost of medicine in the U.S. has exploded.

      The enormous ad expenditures are for direct marketing to the public. Except for the very safe drugs for commonplace ailments that are sold OTC public is not qualified to make judgments about the drugs they should take. Honest. They aren't. Doctors are paid to have that expertise. We don't need direct marketing to the public. No other nation needs it. Big Pharma didn't use to need it. But doctors they aren't immune to the pressure from their patients - nor are they completely immune to the absolutely fact-free, emotion-laden content of ads which they also see constantly (there used to be much stronger restrictions also on how Big Pharma could seek to debase the judgment of doctors directly - through perks that are just dressed-up kick-backs for prescribing costly drugs). None of this is necessary to practice good medicine - it undermines it in fact.

      A classic recent example of how the marketing game is the drug Prilosec -- pushed incessantly by its patent holder until the day the patent expired. The next day no comment of this worthy drug could be found, now it was a new patented replacement virtually identical in effects called Nexium. Trying to push the now inexpensive generic Prilosec out of the public's (and doctor's) mind and replacing it with the needlessly costly Nexium did no benefit to the public or medicine. It was an ad campaign solely designed to keep medical costs high.

      Yeah. We need lots more of that.

      --
      Second class citizen of the New Gilded Age
    139. Re:See. Patents/Copyright spur innovation. by msauve · · Score: 1

      "I think it is completely incorrect to say that everyone has a right to healthcare"

      Everyone does have a right to healthcare. But, it's not a right which allows someone to demand that it be provided free, or that others pay for it. The right is that a government has no authority to prevent someone from receiving healthcare.

      It's like the natural right to self defense - I can buy a firearm, but can't demand that the government give me one.

      --
      "National Security is the chief cause of national insecurity." - Celine's First Law
    140. Re:See. Patents/Copyright spur innovation. by Anonymous Coward · · Score: 1

      I'll give you an example. A coal power plant sets up shop on the east coast of the US. It has no pollution controls at all, ...

      Here you're correct - capitalism on its own cannot correct the pollution problem. Regulation is needed to make it more expensive to pollute than to not pollute.

      Another is food. Capitalism always has cycles of shortages and gluts. A shortage of hard drives because of a flood in Thailand is one thing, a shortage of food is quite another. Capitalism will never solve this problem,...

      And here you're just full of shit. Read Adam Smith's The Wealth of Nations - he had this figured out in the late 1700s. It continually surprises me how many people today are conveniently ignorant about what he discovered about economics over 200 years ago.

    141. Re:See. Patents/Copyright spur innovation. by Anonymous Coward · · Score: 0

      Need is the ultimate monkey. A pint of your blood can fetch you fifty bucks. A shot of cum, three grand. You keep your life simple and you can literally self sustain.

    142. Re:See. Patents/Copyright spur innovation. by crunchygranola · · Score: 1

      The AC should be modded way up, and his point taken.

      Their are a legion of people here reading from Big Pharma's script - but the fact is it does NOT invest a uniquely large part of its revenue into R&D, though they make sure you believe they do. The reason that their ad budget is twice their R&D budget is not that this is necessary to recoup the R&D, it is necessary to maximize revenue (and thus cost to the public) --- the one purpose a for-profit corporation is allowed under U.S. law.

      --
      Second class citizen of the New Gilded Age
    143. Re:See. Patents/Copyright spur innovation. by sorak · · Score: 1

      And this article is much ado about nothing. Patent is expiring, company ups advertising and lowers price.

      BFD

      That's what I'm trying to figure out. TFS honestly reads as:

      The drug is generic. Pfizer doesn't want to lose its monopoly. So they're lowering their prices extensively. The bastards!

    144. Re:See. Patents/Copyright spur innovation. by cheekyjohnson · · Score: 1

      All you need is for one person with a larger sales/marketing budget than you to have that line of thinking, and you're basically out of business.

      I was just saying that not everyone would stop doing research. Not everyone would do it for profit, and some people (perhaps funded by someone who profited off of another project) wouldn't require any addition money.

      Which is why we have what were supposed to be limited patent/copyright protections, which work quite well - its when they become effectively unlimited that their problems really come to the fore.

      Not a fan of artificial scarcity, more games/research/music/movies or not.

      --
      Filthy, filthy copyrapists!
    145. Re:See. Patents/Copyright spur innovation. by Anonymous Coward · · Score: 0

      Everyone has the right not to have their life taken away, but no one has a right to unlimited, state-of-the-art healthcare.

      Why not?

    146. Re:See. Patents/Copyright spur innovation. by DigitalGoetz · · Score: 1

      I'd rather see my government throw a few hundred million on clinical trials that lead to cheap and effective medicines than let it throw billions away on innane military ventures.

      Actually, for every dollar wasted in Iraq and Afghanistan I would bet we could have been closer to curing many currently uncurable diseases. Close to 1 trillion dollars put into research can go a remarkably long way.

    147. Re:See. Patents/Copyright spur innovation. by Anonymous Coward · · Score: 0

      Mod parent up!

    148. Re:See. Patents/Copyright spur innovation. by pak9rabid · · Score: 1

      Yeah...why don't you ask BP how that worked out for them.

    149. Re:See. Patents/Copyright spur innovation. by SecurityGuy · · Score: 4, Interesting

      Except for the very safe drugs for commonplace ailments that are sold OTC public is not qualified to make judgments about the drugs they should take. Honest. They aren't. Doctors are paid to have that expertise.

      This is utter nonsense. Anyone with a decent understanding of scientific method and the ability to read research papers is fully qualified to make judgements about the drugs they should take. It boggles my mind that people will go in to their mechanic and question whether a proposed treatment is the right one but will give over care of the only body they ever get to someone else.

      I do have conversations with doctors over treatments. I ask why they recommend a particular treatment, what alternatives exist, etc, and I research them. Interestingly, sometimes doctors don't know why one treatment is better, it's just what they like to do. Rarely, some have given me answers that amount to folk medicine. "My mom always..." The ones who really impress me say things like "Yes, drug X is getting a lot of press, but clinical trials show it's not more effective than the one I recommend, which also has fewer side effects/costs less/whatever". Those are the doctors I want.

      You are actually a great case in point. I trust if/when you go to a doctor who prescribes Nexium for you, you will demand generic Prilosec because you know it's a better choice for you.

    150. Re:See. Patents/Copyright spur innovation. by Anonymous Coward · · Score: 0

      Being able to get sole rightrs on the drug is why tneya re invented. It can cost mollions of dollars.

      Man, are you drunk, or just fucking illiterate?

    151. Re:See. Patents/Copyright spur innovation. by dargaud · · Score: 1

      Are you telling me that a government should fund every companies clinical trial at $10M a pop?

      I'm sure he's telling you exactly that. Since Social Security [not referring to America here, but all those countries with sane medical policies] will eventually pay for every single use of that drug, it's in the gov best interest to have the drug as cheap as possible, which it will be if there's no patent on it, even if it means paying 10M$ for the clinical trial beforehand. Seems absolutely obvious to me. There should be two kind of drug companies: those that run the trials and those that manufacture compounds. And keep them separate by law. And don't let them own any of that IP bullshit.

      --
      Non-Linux Penguins ?
    152. Re:See. Patents/Copyright spur innovation. by SecurityGuy · · Score: 1

      GP is making a version of the Keynesian argument, which disputed classical econ less than 100 years ago. Economics as a science is an infant compared to sciences like physics. There's a great deal we don't properly understand yet. I'm afraid you're woefully misguided if you think Adam Smith "had this figured out".

    153. Re:See. Patents/Copyright spur innovation. by NSash · · Score: 2

      The free market has its own failings. When drug development is strongly driven by the profit potential, drug development inevitably goes where the money is, but that's not always where we need drug development to go. For instance, there are a lot of well-off white guys who have trouble getting boners, so the drug companies have spent untold millions giving us Viagra and similar drugs. Meanwhile, there are a lot of poor, dark-skinned people in the Third World who are suffering from malaria.

      You could have left out the words "white guys" and "dark-skinned" from your post without changing anything, unless your intention was to slip in a side implication that markets are more prone to racial discrimination than government bodies. If that is your implication, I disagree with this. Businessmen have to balance their private prejudices against their greed, but the same doesn't apply to unaccountable bureaucrats.

    154. Re:See. Patents/Copyright spur innovation. by Just+Some+Guy · · Score: 1

      According to Wikipedia on generic bioequivalence:

      Most nations require generic drug manufacturers to prove their formulation exhibits bioequivalence to the innovator product. In the U.S., the FDA must approve generic drugs just as innovator drugs must be approved. The FDA requires the bioequivalence of the generic product to be between 80% and 125% of that of the innovator product.

      This value range is part of a statistical calculation, and does not mean the FDA allows generic drugs to differ from the brand name counterpart by up to 25 percent. FDA recently evaluated 2,070 human studies conducted between 1996 and 2007, which compared the absorption of brand name and generic drugs into a person’s body; they were submitted to the FDA to support approval of generics. The average difference in absorption into the body between the generic and the brand name was 3.5 percent, comparable to differences between two different batches of a brand name drug.

      I haven't browsed NEJM recently but it seems at odds with the referenced claims on Wikipedia. If you can find the article, could you update the WP page with the new information?

      I'm not asking facetiously. If there's new information, I'd love to read it. I get generics whenever possible and I'd be interested in data showing that I shouldn't be.

      --
      Dewey, what part of this looks like authorities should be involved?
    155. Re:See. Patents/Copyright spur innovation. by Anonymous Coward · · Score: 0

      No, it's simple. Some fanbois got mod points, and as usual, went around compensating.

    156. Re:See. Patents/Copyright spur innovation. by PeterM+from+Berkeley · · Score: 1

      Wish I could mod you up. You nailed it.

      Antibiotic R&D should be publicly funded just like we publicly fund the military. We're in a war against germs, too.

      --PM

    157. Re:See. Patents/Copyright spur innovation. by jo_ham · · Score: 1

      I find it amusing that you seem to seriously think the "slashdot crowd" is pro-Apple.

    158. Re:See. Patents/Copyright spur innovation. by dargaud · · Score: 1

      Money is just a way to quantify resources, and we don't have the resources to give everyone all the healthcare that they want, when they want it. You have to ration it.

      When having this discussion with people, I ask the following question: "Imagine that we invent a drug that cures you of everything and lets you live healthy till you are 120. Only problem is that it costs 10M$. Now what should be done?" Ban it (because it's not fair) ? Let only the rich who can afford it take it ? Set up a lottery ? I've noticed that many people shut down completely when thinking about it: they can't understand why the government cannot pay for a dose for everyone.

      --
      Non-Linux Penguins ?
    159. Re:See. Patents/Copyright spur innovation. by Thaelon · · Score: 1
      --

      Question everything

    160. Re:See. Patents/Copyright spur innovation. by DavidTC · · Score: 1

      I was about to point out that produce would not be useable by the poor. By the time you got it to them it would probably be rotted.

      But then I realized what should actually be happening is that the government open up a giant cannery, and just throw the surplus into there. Don't worry about flavoring or anything, just throw green beans into a giant bucket-sized tin, seal it up, and slap the label 'green beans' on them.

      We build up a giant buffer against famine in a few big warehouses somewhere that we can sell at slightly above cost in years of shortage. (Probably to food companies, who can figure out how to get it to market and how to repackage it for individual use, or perhaps a few families will show up to buy a tin to split...and if we're at that point we're in rather a lot of trouble, so people will be damn grateful for it no matter how they get it.)

      Or, in a natural disaster, we hand the giant tins over to the natural guard and let them cook for everyone.

      And then, when the warehouses are full, we throw out the oldest stuff by letting charities take it for free to give to the needy.

      We can do the same with meat, by making jerky.

      Oh, wait. This would be 'socialism' or something. Despite only interfering with the market in the sense that we think perhaps that food should not be priced like a luxury in times of scarcity.

      --
      If corporations are people, aren't stockholders guilty of slavery?
    161. Re:See. Patents/Copyright spur innovation. by dwandy · · Score: 1
      Sadly not.

      I have always believed that there would be no form of creation if there were no longer to be respect for upholding and respect for copyright and author’s rights.

      --Sarkozy

      --
      If you think imaginary property and real property are the same, when does your house become public domain?
    162. Re:See. Patents/Copyright spur innovation. by Anonymous Coward · · Score: 0

      Well lets look at Lipitor better. It suppresses the development of LDL Cholesterol a hormone that carries Lipids in the blood stream out to form new tissue when it is required. As a result the patients taking the drug have NO benefit per FDA studies regards Cardiac problems and they have a massive increase in Kidney and Liver problems resulting in higher mortality and morbidity.
      Now for those who can't get it correctly on Big Pharma... They don't invent drugs, that is done at Colleges and Universities or under US FDA grants. Sorry but they don't do it at all. The total investment into such developments in the USA is only slightly higher than US Government investments in Grants. This whole argument that these guys are somehow elegant capitalists merely supplying public needs is a FRAUD. Big Pharma sues regularly to prevent any competition. It drives up drug prices by its marketing system regulated under US Law to nearly 10 times that of the same drugs for sale around the world produced in the same factories. The whole claim that Big Pharma is decent, or even tolerable as a public good in any way or even for that matter for anything but as an extortionist in society is a FRAUD.

    163. Re:See. Patents/Copyright spur innovation. by Anonymous Coward · · Score: 0

      advertising drugs is banned everywhere except for the usa and new zealand. the reasoning being people arent in a position to make decisions about it.

    164. Re:See. Patents/Copyright spur innovation. by rock_climbing_guy · · Score: 1

      Another is food. Capitalism always has cycles of shortages and gluts. A shortage of hard drives because of a flood in Thailand is one thing, a shortage of food is quite another. Capitalism will never solve this problem, because constantly producing a glut of food would drive farmers out of business which of course leads to a shortage. One solution is for the government to come in and buy the glut and then destroy it - unless of course there is no glut! Then you get to use the food and thank the usually wasteful food program. Not the only solution, but it's a common one. The point is, capitalism won't work on it's own when it comes to staple foods.

      How you not heard of the futures markets? http://en.wikipedia.org/wiki/Futures_exchange

      --
      Wh47 d1d j00 541, 31337 15n't t3h r0xor5 ne m0r3???
    165. Re:See. Patents/Copyright spur innovation. by Anonymous Coward · · Score: 0

      This is why there's so much funding to research new classes of antibiotics rather than boner pills.

      Oh wait, no there's not.

    166. Re:See. Patents/Copyright spur innovation. by PoolOfThought · · Score: 1
      The other guy was "cute", but you're just... well... not. You're in the 99% because you're an idiot and proved it during your own argument. I'm technically in the 99% financially, but hope to someday move up in that regard, not drag everyone down to me. So long as I do it honestly and through hard work (hell, I'll take some luck or even a blessing if I can get it too) you and the rest of your likeminded 99% can kiss my ass if you don't like me trying to improve my station. In any case, you actually tried to say that someone will fill the vacuum for the right reasons and then you went on to name examples. Let's see:

      someone will always step up to do the work. witness the outsourcing of our IT jobs. we have been undercut and yet the jobs are getting done - by -someone-.

      Do you think these other people are filling these jobs for free? Are they doing it for the right reasons? No they're doing it because their cost of living is so low they can do it for less.

      if the big pig phrama co's don't get huge paybacks, they'll leave but others will enter. someone will fill the vacuum.

      Yes, someone will. If the NFL or NBA lockouts would have gone on then eventually someone else would have filled the gap. There are more basketball players than just those current ones in the NBA. But the NBA players are where they are because they're basically the best at what they do. And the difference between the best NBA player and the 20th best player is astounding. The best people in pharma are doing pharma. Maybe they're doing it purely for money reasons or a mixture of personal reasons and money - I don't really care why they are there. You tell them they won't make a paycheck or that it will be greatly reduced and they'll find something else.

      It's so arrogant to think that only the promise of being ultra rich is going to motivate people. (are you one of those 1%-ers?)

      The promise of becoming rich is not the only thing able to motivate people. But it is sufficient for some. And it tends to be able to be able to allow them to get the other things they want. Maybe they're a great scientist with a great mind. They just hate being couped up in a lab all day. Maybe they'd rather be out golfing or bowling or camping out in the middle of New York and crapping in the middle of the park complaining that the man is holding them down. In any case if they can use their talents to get paid and make enough money they can eventually buy their own bowling alley, join a golf glub, buy their own 5 acres and put a porta pottie out back. They can spend that money on whatever they want. They can donate it to charity, to universities, to scholarship funds, to politicians, to whomever. It's theirs. They earned it, even if they did so by doing something that someone else less qualified and less capable would have done "from their heart" less effectively. Give me the greedy bastard that has what it takes to get the job done instead of the bleeding heart with good intentions but lacking in knowledge. I don't care about their motivations, I care that they get the job done correctly and on time.

      the same could be said about politics. remove all money motivations and you'll find that the people seeking those positions are now going in it for the right reasons.

      If you are only talking lobbying then you're not completely off here. If you're thinking they should work without payment then that's crazy talk. Many politicians today have sufficient responsibilities that it really is a full time job if they're making an effort to talk to their constituents and get to understand the situations, bills, budgets, etc. You certainly don't want someone that is a 1%er doing that job do you? Who else can afford to put in the time for free? Oh, one of those guys / gals camping the parks? Riiiiighhht.

      the profit motive is WRONG in many cases. haven't we learned that the hard way, enough times, yet?

      Finally! Something that is correct. Now, it's only correct because you qualified your statement with "many". So I will simply state it another way: the profit motive is RIGHT in many cases. haven't we learned that enough times, yet?

      --
      My present is the activity I am currently engaged in with the purpose of turning the future into a better past.
    167. Re:See. Patents/Copyright spur innovation. by Anonymous Coward · · Score: 0

      the same could be said about politics. remove all money motivations and you'll find that the people seeking those positions are now going in it for the right reasons.

      Bullshit. The primary draw of a political career isn't money, it's power. Even if you could magically prevent any politician from making a single penny throughout their entire career, you'd still have to pick them from a selection consisting almost entirely of the same crop of assholes we currently have, simply because they're all after the power.

    168. Re:See. Patents/Copyright spur innovation. by robot_love · · Score: 1

      Why shouldn't we abolish IP entirely? The science says it's a net harm to society, and history says we get on fine without it.

      http://www.dklevine.com/general/intellectual/against.htm

      --
      .there is enough of everything for everyone.
    169. Re:See. Patents/Copyright spur innovation. by Rich0 · · Score: 1

      I agree.

      The part about them lowering prices to keep consumers and advertising those lower prices aggressively is perfectly fine. That's free market capitalism at its best. If they want to argue that their supply chains are safer or whatever they can do that too (assuming they can back that up with facts).

      Forging exclusive deals should be illegal - it breaks the patent deal. The patent deal is that we appreciate you developing the cure for the common cold and agree to let you charge us $5/pill for a decade, but after that anybody can benefit from your R&D and make your product. I think that deal needs a little adjustment, but overall it is still a win for society since it promotes discovery and eventually everybody benefits from it.

      Unfortunately, companies want to have their cake and eat it too.

      Early in the 2000s some pharma companies actually went on the record against practices like these - at the time patents in general were under fire and they were taking a stand of wanting a more fair balance. Maybe it was even principled at the time. However, it seems like the trend is now towards trying to find loopholes and game the system, and that should be punished harshly. Yes, I know the industry has been having a hard time, but the solution to that isn't gaming the system - figure out a way to make a new drug and quit milking the ones that have been around and rightfully should be dirt cheap and affordable by all.

    170. Re:See. Patents/Copyright spur innovation. by FairAndHateful · · Score: 1

      lets always remember that if they can afford so much on advertising and marketing, SOMETHING IS WRONG and should be changed.

      Obviously, if they didn't bother to sell it, they could afford to make more of it... Not sure how you think they're going to pay for the materials and research, but, obviously they don't need to bother selling it.

    171. Re:See. Patents/Copyright spur innovation. by DriedClexler · · Score: 1

      Anyone with a decent understanding of scientific method and the ability to read research papers is fully qualified to make judgements about the drugs they should take.

      Right, but doctors don't keep up with that stuff, as they should, necessitating the advertising expenditures to get new drugs noticed, whether by alerting the doctors or getting their patients to do so.

      You acknowledge this widespead irresponsibility on the part of doctors in your next paragraph.

      --
      Information theory is life. The rest is just the KL divergence.
    172. Re:See. Patents/Copyright spur innovation. by Anonymous Coward · · Score: 0

      No it's a patent problem, they're allowed to patent stuff that was initially researched at public facilities and funded by tax dollars. This stuff gets sold a really small pittance to them (sometimes 10,000 or lower). It's a corruption and a patent problem.

      What's more, I'm pretty sure this is the drug Pfizer lobbied the patent office to extend their patent on (in a rather unprecedented move) claiming that they hadn't had nearly enough time to profit off it.

      So while you're a little bit correct that there is a small monopoly problem going on right now, the root of the problem is entirely different.

    173. Re:See. Patents/Copyright spur innovation. by Nemyst · · Score: 3, Informative

      You do realize that with your second sentence you've just reduced your "public" to about 5% of the population?

    174. Re:See. Patents/Copyright spur innovation. by BranMan · · Score: 1

      There are likely regulations already in place about disclosing ALL drug trials to the FDA. And even if not, think about this. If the trials go bad, the Pharma will drop the drug, or the FDA will can it. If the trials go well, the Pharma wants them included. Only if the trials go bad, AND the FDA does not know about them can cherry-picking go on. And doing that would make for HUGE liability for the Pharma if a whiff of it ever got out. It just isn't worth the risk. The risk is just too high - they may lose the entire company.

    175. Re:See. Patents/Copyright spur innovation. by Anonymous Coward · · Score: 0

      According to the article, they spend more on marketing than R&D. R&D does not include clinical trials, which are by far more expensive than R&D.

      Bullshit. See the 'D' - that's development which does include clinical trials. Ain't nothing in the article which contradicts that.

      So, we take the estimates from two respected industry sources and add them together?

      You really are a dumbass. What you quoted says exactly the opposite of what you took away - "selectively using both sets of figures" is not simply adding them together.

    176. Re:See. Patents/Copyright spur innovation. by Anonymous Coward · · Score: 0

      Company must now remove vacuum cleaner from your wallet and start competing. I feel so bad for them. Big Pharma is run by assholes.

    177. Re:See. Patents/Copyright spur innovation. by Anonymous Coward · · Score: 0

      Since you bring it up, design patents don't have anything to do with obvious and non-obvious, and no one, Apple included, has a design patent on rounded rectangles in isolation. Just to be clear.

    178. Re:See. Patents/Copyright spur innovation. by Anonymous Coward · · Score: 0

      Oh yeah, because the common man standing up to the megacorporation has always worked out. Absolutely zero examples of the populace being fucked over by giant corporations whatsoever. Yep, it sure is good that everyday people can just... not let monopolies occur.

      Isn't reality wonderful?

    179. Re:See. Patents/Copyright spur innovation. by operagost · · Score: 1

      The patent is EXPIRED. The patent HAS NO FURTHER BEARING ON THIS PRODUCT. What Pfizer is doing is leveraging their current relationship with the customers (the pharmacy chains) to continue selling their brand of the product. If your pharmacy wants to have a lucrative agreement with Pfizer to only sell Lipitor, then that's their problem and you should take your business elsewhere. Otherwise, you could approach your state legislature to pass a law requiring that generics be substituted on request as in Pennsylvania, among other states.

      --

      Gamingmuseum.com: Give your 3D accelerator a rest.
    180. Re:See. Patents/Copyright spur innovation. by TheVelvetFlamebait · · Score: 1

      lets always remember that if they can afford so much on advertising and marketing, SOMETHING IS WRONG and should be changed.

      Wait what? What exactly do you think advertising and marketing is for? It's not a luxury that corporations collect and attempt to outspend each other in. Corporations don't have luxuries (except when board members decide to give themselves pay rises or golden parachutes). If they spend money on something, they intend to make a profit. Regardless of how much money they spend on advertising, it is so that more people can buy it, which lowers prices. Let me repeat: this is regardless of how much money they are spending. If they were forced to spend less on advertising, through legal or consumer pressure, this would likely mean a suboptimal market awareness of the drug, corresponding to a drop in purchases, and a higher price to recoup R&D. The bottom line is, less people who need the drug actually obtain it.

      I wholeheartedly agree that healthcare is especially important, probably moreso than any other consumer R&D. That's why it's especially important not to grind your anti-marketing axe here.

      --
      You know, there is a difference between trolling and pointing out the flaws in your reasoning. Just saying.
    181. Re:See. Patents/Copyright spur innovation. by T+Murphy · · Score: 1

      If these companies are influential enough to grant themselves permanent monopolies then they are influential enough to kill any attempt to end patents. Yes, abuse of the patent system is a risk, but it's just a specific instance of "large corporations are a risk to society".

    182. Re:See. Patents/Copyright spur innovation. by Anonymous Coward · · Score: 0

      Thank you.

      MT-NJG

    183. Re:See. Patents/Copyright spur innovation. by Anonymous Coward · · Score: 0

      I suggest not to reason by catchphrase. My mother likes to do that, with catchy quotes, and it's nonsense.

      People invent things because they need them, but then other people fund the boring parts of developing products, in order to make money. That's especially true of the drug industry, but also true in other areas of innovation.

      I'll use an idiom to summarize: it takes all kinds. But the idiom by itself doesn't make an argument against yours.

    184. Re:See. Patents/Copyright spur innovation. by Obfuscant · · Score: 2

      This is utter nonsense. Anyone with a decent understanding of scientific method and the ability to read research papers is fully qualified to make judgements about the drugs they should take. It boggles my mind that people will go in to their mechanic and question whether a proposed treatment is the right one but will give over care of the only body they ever get to someone else.

      Oh, for mod points...

      You don't even need to be able to read research papers. All you need to do is talk to the doctor and pharmacist and listen to what they tell you.

      I was put on one blood pressure med a few months ago. I was told "these are potential side effects...". It was MY responsibility to watch out for those, and my responsibility to say "stop" if any of them showed up.

      I'm also responsible for letting my doctor know all of the meds and supplements I'm taking. "The words are too big, I don't understand" isn't an excuse.

      I used to think the part in the ads where they say "tell your doctor if you have kidney disease or liver problems before taking this drug..." was a laugh. Isn't the doctor supposed to tell YOU if you have kidney disease? I'm now seeing three doctors and what one knows doesn't always get to the other two. And the one I saw a year ago who isn't around anymore told me things that weren't passed on to his colleagues at all.

      I do have conversations with doctors over treatments. I ask why they recommend a particular treatment, what alternatives exist, etc, and I research them.

      Absolutely. And I question them about the implications for flight medicals and FAA regulations, which almost none of them have ever known anything about. Guess who gets to do the research on that?

    185. Re:See. Patents/Copyright spur innovation. by SecurityGuy · · Score: 1

      I do, actually, and I think it's tragic. We'd be a lot better off if that number was larger. I wish I could get into the head of every high school kid out there and get them to understand that math and science are important. It's how the physical world works, as best as we understand it.

    186. Re:See. Patents/Copyright spur innovation. by s73v3r · · Score: 1

      Just because someone recognizes you as a hater doesn't mean that they're a fanboy.

    187. Re:See. Patents/Copyright spur innovation. by Intropy · · Score: 1

      Sorry, re-readng what I wrote I was unclear. I didn't mean that they can't provide branded Lipitor because the prescription prohibits it. I mean they can't provide it because Pfizer's Lipitor branded atorvastatin is more expensive than some generic is. But, Pfizer wants to sell Pfizer's atorvastatin as a generic at a lower price point. It's just that they want to also be able to slap the label on and increase the charge when a prescription or customer demands it.

    188. Re:See. Patents/Copyright spur innovation. by Anonymous Coward · · Score: 0

      You have to understand that patents not only protect a company's business, it also prevents that company from competing elsewhere. There are pluses and negatives to patents from a drug company's perspective. You can't just focus on the profit from the pluses and ignore the contingent losses from the negatives.

      Some economists think drug patents are worth the cost, others not so much. The difference between their analyses is a couple of percentage points in profit which make or break the model--and this includes litigation, research, and development costs. So just exclaiming that drug companies spend "tons" of money is a useless argument. If you break it down the numbers are really close either way.

      For almost everything else patents cost society way more than they provide according to the various studies that have been done.

    189. Re:See. Patents/Copyright spur innovation. by Anonymous Coward · · Score: 0

      You don't need to, because that's a strawman. Proponents of patents/copyrights hold that those things get us more innovation than we would without them, not that there would be none at all without them.

      Less than ten seconds after reading your post I came to this one from a regular windbag on Slashdot.

      If you remove profit, then nobody will look for new and better drugs. That, and today's profits off of drugs like this are funding research into next generation drugs and treatments, testing and trials and lawsuits and .... What you're really asking for is for no more research. That's pretty despicable.

      I hear this crap all the time. It's not a strawman if real people are regularly making that argument.

    190. Re:See. Patents/Copyright spur innovation. by Anonymous Coward · · Score: 0

      Most states have laws which require pharmacies to dispense less expensive generics, if requested. Some even require it:

      Whenever a pharmacist receives a prescription for a brand name
      drug, the pharmacist shall substitute a less expensive generically equivalent drug unless
      requested otherwise by the purchaser or indicated otherwise by the prescriber.

      - Pennsylvania, for instance.

      That law exists in most US states.
      I'll also add that this particular legislation is a direct buy-off from the insurance companies. Insurance companies use this to deny payment for branded medications or to push a majority of the costs of them onto the patient. Doctors offices around the country spend millions a day in payroll just filling out paperwork for patients insurance companies in order to get medically necessary, doctor prescribed drugs covered by the plans, and why? Simply because they aren't generic.
      Lipitor going generic won't solve anything. The cost will not come down much if at all. The insurance company formularies won't update for months. Atorvastatin will be excluded from any plans until the formularies update. Requiring people to continue paying absurd co-pays for brand name Lipitor. By the time the formularies finally do update to include Atorvastatin, Pfizer will have priced everyone out of the market, and when it comes time to negotiate prices with the drug distributors, pharmacies, and insurance companies, the prices will stay consistent with where they are now, since nothing will have changed. Atorvastatin will most certainly be slotted into Tier2 or Tier3 of the plans when they update. Why would the insurance companies all of a sudden want to start paying out extra money to cover the costs of the biggest selling drug in the world? They have shareholders to answer to, public be damned.

      I've seen this happen with a large number of drugs over the last 10 years. Patients get so excited when the medicine they take finally goes generic, or goes OTC, only to be disappointed by lack of a difference in price afterwards. I often see this with birth controls. Here in the US, most insurance companies do not pay for branded birth control. Most generics will run around $40-$75 for a 28 day pack with insurance. Some cost upwards of $100/mo without insurance. These same drugs cost about $10 a month to get them in Canada and $2 a month in Mexico. The costs of drugs in America has nothing to do with how much it costs to research the drugs or fund the studies. The costs of the drugs are determined by asking a simple question: "What is the correct price to charge to make the most possible number of US dollars?"
      Do you sell a 10 million packs a month at $50 to make $500M, or do you sell 5 million packs for $101 and make $505M? The drug companies would rather price 5 million girls out of the market for the additional $5mil in that example. Meanwhile, in Mexico, they're asking for $2 a pack because that's the price point there. You can be sure even at 2 dollars a pack, there's many girls there getting priced out.
      The questions this raises to me, on a personal level is as follows: If the drug companies can afford to sell for $2/pack and make a profit, why are they still charging the US patients upwards of 50x more for the same product? If they're not making a profit at $2 or even $10 a pack, then why is the US consumer effectively subsidising the pharmaceutical industry so they can give cheap meds to people in other countries when so many people here die every day from a lack of proper medical care? It baffles me.

    191. Re:See. Patents/Copyright spur innovation. by demonlapin · · Score: 1

      (there used to be much stronger restrictions also on how Big Pharma could seek to debase the judgment of doctors directly - through perks that are just dressed-up kick-backs for prescribing costly drugs)

      I'd love to hear about this. PhRMA has very strict rules - about all they can do these days is give a doctor dinner (and not his/her spouse, unless said spouse is also an MD or RN).

      You're scientifically right about Prilosec/Nexium (and, by extension, Celexa/Lexapro; you also might go for Effexor/Pristiq if you branched out into metabolites, though that's a little more dangerous as Allegra is merely a metabolite of Seldane yet lacks any of the latter's potential for cardiotoxicity). Nexium's success, however, has little to do with crowding drugs out of doctors' minds and a great deal to do with patients' pocketbooks. American health insurance companies don't pay for OTC meds; patients have to buy them themselves. If the co-pays are fairly low for a brand-name drug, it will cost the patient less out of pocket to get the prescription rather than the OTC, even though the OTC is less expensive overall. It's the same reason that so many antihypertensive drugs come in combination pills - one pill, one co-pay.

    192. Re:See. Patents/Copyright spur innovation. by recharged95 · · Score: 1

      Obviously Pfizer ran out of ideas with evolving lipitor.

      Typically a company that invents also has the domain knowledge to separate themselves from the copy-cats, whether it's better optimized, easier to use, or more effective. That's competition. There should be value in the last 10yrs of knowledge they've gained on their drug, or did they?

      With Pfizer worrying and mounting a large fight, it appears they've sat on their laurels with this drug.

    193. Re:See. Patents/Copyright spur innovation. by MightyYar · · Score: 1

      Of course I've heard of the futures markets... how in the world do they change what I've said?

      --
      W..w..W - Willy Waterloo washes Warren Wiggins who is washing Waldo Woo.
    194. Re:See. Patents/Copyright spur innovation. by MightyYar · · Score: 1

      It's a bit contrived, but yes it is a good thought experiment that makes you deal with the problem on a very simple example.

      --
      W..w..W - Willy Waterloo washes Warren Wiggins who is washing Waldo Woo.
    195. Re:See. Patents/Copyright spur innovation. by c6gunner · · Score: 1

      Sorry, but I don't think so. Voting doesn't require anyone else - you go and cast your ballot, or you go and raise your hand. Nobody else is required in order for you to perform that action. Your right to do that exists regardless of anyone else - we simply codify that right in order to prevent others from trying to prevent you from performing those actions.

      As for personal safety - if you mean that you have the right to defend yourself, and to take reasonable measures in order to safeguard your life and/or well-being, you're right. But again, this doesn't depend on anyone else. If, on the other hand, you mean that you have a right to force other people to protect you, you're completely wrong. Moreover, legal case studies show that nobody has a legal responsibility to protect you. The police can stand on the sidewalk and watch you get repeatedly run over by your ex wife. The doctor at the hospital can stand there sipping his coffee, watching the remaining life drain out of your mangled shell.

      The problem with what you're defining as "rights" is that they hinge on forcing other people to do something for you. That's wrong.

    196. Re:See. Patents/Copyright spur innovation. by MightyYar · · Score: 1

      Right back at you: why?

      Why don't people have a right to basic transportation? A right to be loved?

      Lots of things that I would love to provide to everyone given unlimited resources are not considered "rights". And if they are, then we need to come up with a new word for life, liberty, and the pursuit of happiness. No one gives you life (except mom?) or liberty, and no one gives you the ability to pursue your dreams... these are things that can not be granted, only taken away. Saying that people have a right to be given stuff is, well, I just don't agree and you'd have to make a pretty strong case.

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      W..w..W - Willy Waterloo washes Warren Wiggins who is washing Waldo Woo.
    197. Re:See. Patents/Copyright spur innovation. by MightyYar · · Score: 1

      Adam Smith, meet John Keynes.

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      W..w..W - Willy Waterloo washes Warren Wiggins who is washing Waldo Woo.
    198. Re:See. Patents/Copyright spur innovation. by MightyYar · · Score: 1

      Fair enough - though I think that that kind of right is covered under either "life" or "pursuit of happiness" :)

      I was replying to someone who was claiming that people have a right to be given stuff.

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      W..w..W - Willy Waterloo washes Warren Wiggins who is washing Waldo Woo.
    199. Re:See. Patents/Copyright spur innovation. by chameleon3 · · Score: 1

      A good rule of thumb: if your "right" requires others to do something for you, it's not a right - it's a service.

      I have the right to a trial by jury, with a lawyer provided for me if needed.

    200. Re:See. Patents/Copyright spur innovation. by MightyYar · · Score: 1

      We can't "produce" kidneys, we have to get them from a very limited supply of donors. Even if you had all the money of the world, you couldn't procure enough transplants for everyone, hence we have to give priority to the people who are most likely to survive.

      I used kidneys exactly because they are an obviously scarce resource. Drugs are also a scarce resource, though it is not as obvious. A few years ago, we (in the US) had to ration flu vaccine because a whole batch went bad and it takes months to grow it. Then we had to ration swine flu vaccine worldwide because it took months to identify, test, and finally grow the vaccine.

      Not so much with drugs which can be manufactured in quantities sufficient for everyone, once researched.

      "Once researched". That's the rub, isn't it? If it costs a billion or so dollars to research and test a drug, who should pick up the costs? Look at the crap the US is taking for losing a few hundred million on Solyndra - imagine if they lost that or more every time they financed a drug that didn't work out? I'm not going to claim that the patent system is the best way to finance drug development, or that patent terms are ideal - but some people are claiming that university research and government is the way to go...

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      W..w..W - Willy Waterloo washes Warren Wiggins who is washing Waldo Woo.
    201. Re:See. Patents/Copyright spur innovation. by MightyYar · · Score: 1

      Well, there's certainly more than one way to skin a cat. I'd love to see a study of the costs of the current subsidy programs vs. the costs of alternatives.

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      W..w..W - Willy Waterloo washes Warren Wiggins who is washing Waldo Woo.
    202. Re:See. Patents/Copyright spur innovation. by heinousjay · · Score: 1

      There's nothing quite like a person ignorantly admitting ignorance to make me laugh out loud.

      --
      Slashdot - where whining about luck is the new way to make the world you want.
    203. Re:See. Patents/Copyright spur innovation. by heinousjay · · Score: 1

      What does being first to market mean? How many pre-Google search engines do people bother using today?

      --
      Slashdot - where whining about luck is the new way to make the world you want.
    204. Re:See. Patents/Copyright spur innovation. by c6gunner · · Score: 1

      I have the right to a trial by jury, with a lawyer provided for me if needed.

      rule of thumb
      Definition of RULE OF THUMB
      1: a method of procedure based on experience and common sense
      2: a general principle regarded as roughly correct but not intended to be scientifically accurate

      http://www.merriam-webster.com/dictionary/rule%20of%20thumb

      It's also worth mentioning that the limits placed on the judicial process are intended to ensure that your freedom isn't taken away without a damn good reason. That puts it in a whole different category. It's a method for safeguarding all your other rights, not a natural right in and of itself. Still, there's no point in arguing over details - I used the phrase "rule of thumb" for a reason.

    205. Re:See. Patents/Copyright spur innovation. by mattack2 · · Score: 1

      For instance, there are a lot of well-off white guys who have trouble getting boners, so the drug companies have spent untold millions giving us Viagra and similar drugs.

      Weren't those actually side effects of drugs being developed for other purposes?

      (..or am I confusing it with Minoxodil?)

    206. Re:See. Patents/Copyright spur innovation. by MightyYar · · Score: 1

      Not all the healthcare people want, but all the basic care they need.

      Exactly! We have to ration it - that's all I was saying. We can't afford to give every single person all of the care they want (or even need). We certainly can (and do) provide some basic level of health care, and there is a lot more that we can provide. But the idea that healthcare can be free to all with no rationing of any kind is preposterous, which is what I was replying to.

      Actually, what got me riled up was that the statement that it is a "right" (with the insinuation that it is a basic right, civil right, inherent right, or whatever you want to call it). I think it is a laudable goal, but rights are not things that are given to you. Rights can only be taken by governments, not granted.

      --
      W..w..W - Willy Waterloo washes Warren Wiggins who is washing Waldo Woo.
    207. Re:See. Patents/Copyright spur innovation. by mattack2 · · Score: 1

      So you're for the government violating the free speech of the marketing departments of the companies?

    208. Re:See. Patents/Copyright spur innovation. by Anonymous Coward · · Score: 0

      I agree with you that we shouldn't give people all the healthcare they want when we want it, but I believe there are plenty of resources to give people all the healthcare they need when they need it. Their are some exceptions when you talk about organ transplants, but a lot of that is because we don't require people to be donors, and most people are too lazy to sign up or have foolish delusions about being neglected treatment because they are one. We might need some way to encourage more people to become doctors in order to fill out that side of the need, but when you consider global unemployment rates it should be quite possible to find more people capable of filling that role.

      I think if we just found a good way to deflate the excessive cost of health care it could go a long way to reducing the problem. If we fixed our top heavy economy that would probably help a lot too. I'm sure there are plenty of uninsured people out there who wouldn't be if they could afford it.

    209. Re:See. Patents/Copyright spur innovation. by Anonymous Coward · · Score: 0

      Libertarianism (the label for the capitalism model you are talking about) has a tragedy of the commons problem that screws it up in the real world.

    210. Re:See. Patents/Copyright spur innovation. by MightyYar · · Score: 1

      I wasn't arguing that the "American way" (actually we have at least 3 different ways, but I digress) was the way to go. I was just pushing back on the idea that health care is a fundamental human right. I think it can be a granted "right" like copyright if you can get 50% of the people to agree with you, but it is certainly not a fundamental right.

      The US has been doing socialized health care very poorly for over 30 years, when emergency rooms were required to treat everyone regardless of means. The argument over whether we should have socialized medicine was decided long ago - but we have a really horrible system, so I'm not defending it.

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      W..w..W - Willy Waterloo washes Warren Wiggins who is washing Waldo Woo.
    211. Re:See. Patents/Copyright spur innovation. by MightyYar · · Score: 1

      You actually just have a right to liberty, and the whole trial procedure is there to ensure that you aren't deprived of it unjustly. The right to a jury and representation is a granted right, not an inherent one.

      In other words, they wouldn't need to give you a lawyer if they weren't trying to strip you of a fundamental right.

      Another way to look at it is that inherent rights are those that you are born with, even if you are born into anarchy. You have your life until someone takes it. You have your liberty until someone imprisons you. You have the ability to act on your free will until someone holds you back. Fundamental rights cannot be granted, only taken.

      Mind you, I am PRO socialized medicine - I think it is the decent and neighborly thing to do. But the idea that getting free stuff is now getting equated with human rights blows my mind.

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      W..w..W - Willy Waterloo washes Warren Wiggins who is washing Waldo Woo.
    212. Re:See. Patents/Copyright spur innovation. by MightyYar · · Score: 1

      Treat me like a child, then. Tell me how the futures market wards of starvation.

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      W..w..W - Willy Waterloo washes Warren Wiggins who is washing Waldo Woo.
    213. Re:See. Patents/Copyright spur innovation. by Anonymous Coward · · Score: 0

      There is a smidgin more to this than meets the eyes. This was originally available as an GRAS substance, rice yeast extract. Pfizzy extracted the drug, got the dirt-cheap GRAS substance regulated, and then took advantage of the monopoly driving the price from pennies per dose to unaffordable.

    214. Re:See. Patents/Copyright spur innovation. by spiralx · · Score: 1

      Further research and development to lower the price would seem the obvious thing to do. Drop the price by a factor of 66 and it would cost the same as the NHS spends on an individual over 75 years, so it would then be worthwhile. That point would in reality be reached sooner given increasing costs of medical treatment and the presumably increased tax income from a longer working life.

      Rationing/triage is a feature of all medical systems, not just "socialised" ones. Your example is ok at explaining this, but doesn't really help with discussing the more general issue of health care provision.

    215. Re:See. Patents/Copyright spur innovation. by DavidTC · · Score: 1

      Indeed. I think an argument can be made that if the government is going to interfere in the market in that way...

      ...the best way is to simply have some sort of calculated 'average' price, and buy large amounts for stockpiling when the price dips below 80% or so (Which also has the added benefit of keeping prices from bottoming and farmers from going bankrupt, instead of stupid subsidies for doing nothing.), and sell when the price gets above 150%. (Which keeps everyone from starving by legitimately providing food for them to eat, instead of some weird price control or rationing gimmick.)

      Those numbers are, obviously, completely off the top of my head. Probably instead we want some sort of Commission in the Department of Agriculture to actually have specific triggers.

      And, of course, we'd now have supplies in the case of disaster and have 'government surplus' almost-expired stuff to sell cheaply or give to charities when disaster or famine didn't happen.

      That lets the government act as a sort of buffer, and manages to leave the market completely alone when everything is fine, and is a good deal saner to paying people not to do things.

      --
      If corporations are people, aren't stockholders guilty of slavery?
    216. Re:See. Patents/Copyright spur innovation. by MightyYar · · Score: 1

      And, of course, we'd now have supplies in the case of disaster and have 'government surplus' almost-expired stuff to sell cheaply or give to charities when disaster or famine didn't happen.

      Well, you can't actually give any away or even sell it - it has to be destroyed. Otherwise it will drag down the prices and the farmers will suffer just as much as if they overproduced in the first place.

      But otherwise, your plan makes sense.

      It's worth noting that you might be able to get around all that canning by sticking to grains that store well in dry storage. It wouldn't be as healthy as canned produce, but a hell of a lot cheaper... and remember we are just trying to head off famine, not meet long-term nutrition needs.

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      W..w..W - Willy Waterloo washes Warren Wiggins who is washing Waldo Woo.
    217. Re:See. Patents/Copyright spur innovation. by DavidTC · · Score: 1

      Well, you can't actually give any away or even sell it - it has to be destroyed. Otherwise it will drag down the prices and the farmers will suffer just as much as if they overproduced in the first place.

      That's why I was saying we only sell it when prices are high. Dragging down the price for food sorta happens automatically when you stop a famine.

      But I get your point about the fact that in such circumstances farmers are probably already doing poorly, because the main reason that prices are high is that some crops failed. And dragging down the prices makes it worse. So we should have some sort of insurance for them.

      Hrm, as we bought from them, after all, when prices were low...perhaps we could just now pay them the difference?

      I.e, the market, on average, has 100 X, which costs $10 per X. One year, there's a surplus, and we have 150 X, which drives the price down to $6 per X. Or it would, except the government steps in and pays $8, and ends up with 40 extra. (The remaining 10 get used by the market anyway.)

      Two years later, there's a drought, and there are only 30 X, prices are $20 per X, and it looks everyone is going to starve, and while those prices are twice as high, farmers are only selling a third as much to start with, so they're in trouble.

      But, wait, the government steps in and sells enough of their stored X to drive the price down to $15 per X. Which is great for the people, but even worse for the farmers...except the government is paying the people it originally bought them from another $7 per X. (Which doesn't really entirely solve the problem for farmers, but it doesn't make it worse.)

      Or...hell...we can just give a portion of the food back to the farmers. Literal 'food insurance'. You pay your dues in food each year, when disaster hits, you get some food back. Heh. (Or, more realistically, we give vouchers back, and they can sell those to people and companies that want a can.)

      --
      If corporations are people, aren't stockholders guilty of slavery?
    218. Re:See. Patents/Copyright spur innovation. by DavidTC · · Score: 1

      Duh, I replied to your post, and then I realized that you mean you can't give it away during normal times.

      The question is competition. You have to give it away in such a manner that is not competing with itself.

      The easiest thing is to give it away in some starving country somewhere else. (Although, oddly, I've read about problems with exactly that in some poor countries...the West continually supplying free food screws up the area's ability to supply food to itself. How could any local farmer compete? The article I read said, basically, don't give them food, give them the ability to farm.)

      As for locally, the best idea would be to somehow make that specific food obviously 'worse' than food sold. That is why I was suggesting simply sticking it in big tins without flavoring.

      An alternate idea would be to make it taste bad. I know that sounds sorta silly, but it would seem to work. Alternately, color it very oddly.

      --
      If corporations are people, aren't stockholders guilty of slavery?
    219. Re:See. Patents/Copyright spur innovation. by Reziac · · Score: 1

      Either I neglected to save it (happens when you wind up with 15 windows open at once) or just can't find it... (went thru a bunch of PDFs and it's not there either)... I *think* I got there from http://www.ncbi.nlm.nih.gov/pmc/articles/PMC2902299/ which is basically the same topic. This one happens to be specific to levothyroxin; behaviour of other drugs probably varies, and should be looked at individually.

      I have a login at WP but it usually refuses to let me save changes. :(

      --
      ~REZ~ #43301. Who'd fake being me anyway?
    220. Re:See. Patents/Copyright spur innovation. by Just+Some+Guy · · Score: 1

      Interesting that you mention levothyroxine. My wife takes it for hypothyroid and swears there's a big difference between the generic and brand names, and that seems like common knowledge amount doctors and pharmacists. I'll definitely grant you that one and admit it doesn't give me great conference for other formulations.

      --
      Dewey, what part of this looks like authorities should be involved?
    221. Re:See. Patents/Copyright spur innovation. by toddestan · · Score: 1

      Not to invalidate your points, but New Zealand also allows direct to consumer advertising of drugs too.

    222. Re:See. Patents/Copyright spur innovation. by Reziac · · Score: 1

      I take T4 too and so does my mom. Synthroid doesn't work for her, tho Levoxyl does. Theoretically identical, but not so in practice. -- Costco's generic is actually Unithroid (Lannett). I don't know if there's a general requirement to put the actual mfgr on the label, but Costco does.

      Reformulating to use microcrystalline cellulose as the major binder seems to be a common factor in "brands that suddenly stop working for a bunch of users", or where they abruptly develop side effects.

      Some people have a genetic variant that reduces conversion efficiency (http://jcem.endojournals.org/content/93/3/910.full.pdf) ...and it's still an uphill battle to get T3 prescribed even when it's clearly needed. One of T4's degradation products in storage is T3... so a little instability is not entirely a bad thing. ;) (I have to add some ancient stuff to the Unithroid, otherwise I get side effects. Hmmm...)

      I don't usually think much of about.com but in this case it's run by a patient advocate with a science degree. http://thyroid.about.com/
      Some fruitbattery but a great deal of sound info as well.

      After reading probably a couple hundred research articles on the T4/T3 controversy, I've concluded that NEJM and JCEM are still open to research that goes against prevailing practice... but JAMA not so. When one paper concluded "patients claimed to feel better on this regime, but we don't believe patients know how they feel", JAMA lost all credibility with me. :(

      --
      ~REZ~ #43301. Who'd fake being me anyway?
    223. Re:See. Patents/Copyright spur innovation. by MightyYar · · Score: 1

      LOL, yeah I think we are on the same page generally. The point is that you need to do something outside of regular capital markets to ensure a food supply.

      You've brought up a number of points where doing something so obviously good (giving away food) can actually be bad... free markets are confusing on their own, and trying to manipulate them always causes some side effect that you weren't expecting :)

      I like the idea of ugly-colored food, BTW! LOL. Though I want to point out that even at the height of rationing in wartime England, people still wouldn't touch whale meat, despite it being completely free of rationing :)

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      W..w..W - Willy Waterloo washes Warren Wiggins who is washing Waldo Woo.
    224. Re:See. Patents/Copyright spur innovation. by Just+Some+Guy · · Score: 1

      Thanks for the followup and interesting links. As I said, "generics are bioequivalent!" claims aside, it's interesting that we both have first-hand experience with a generic that isn't. And yeah, it makes me wonder about the rest of them.

      --
      Dewey, what part of this looks like authorities should be involved?
    225. Re:See. Patents/Copyright spur innovation. by Reziac · · Score: 1

      The vast majority of generics come out of the same plants and even from the same batches as the namebrand products. (I've found batch numbers on antibiotics which confirmed it.) It's about like whether you've got a Plymouth or a Dodge -- the car may be identical, but the difference is in the trappings and price.

      The trouble is, if the mfgr's name isn't given, you have no way of knowing *which* "generic" product you've received. So two patients get what's labeled "generic" but if one is actually Synthroid and the other is Levoxyl, you can see the problem.

      As to the occasional screams about "3 million pills recalled!" to put it in perspective, that's only a one-day supply (for the U.S. alone) of commonly-prescribed drugs. And after reading about the rather complex process required to get a a few micrograms evenly distributed in the pill medium, IMO it's a wonder there aren't more recalls.

      --
      ~REZ~ #43301. Who'd fake being me anyway?
    226. Re:See. Patents/Copyright spur innovation. by Reziac · · Score: 1

      BTW I was looking at your Dead Shoes page. Looks to me like cheap unvulcanized Chinese rubber. Same problem with lots of Chinese rubber products, notably rubber bungee cords. A little time in the sun and they're suddenly friable, which is typical for unvulcanized rubber. (Makes a person wonder about your tires, eh?)

      --
      ~REZ~ #43301. Who'd fake being me anyway?
    227. Re:See. Patents/Copyright spur innovation. by Just+Some+Guy · · Score: 1

      I'm sure you're exactly right. A few things about that particularly irritate me: they're pretty expensive to be made that cheaply, they still won't admit or address the problem, and their claim is that the soles need to be "exercised" because disuse is the main cause of the problem. I'm not entirely clear what mechanism would make wearing them often cause them to last longer. I think the hypothesis is that the motion prevents brittle, long-chain structures from forming by continually breaking them down.

      In the mean time, people keep sending me pictures of their rotten shoes so I keep uploading them. :-D

      --
      Dewey, what part of this looks like authorities should be involved?
    228. Re:See. Patents/Copyright spur innovation. by Reziac · · Score: 1

      My observation of poorly cured rubber is that motion doesn't do a thing to preserve it one way or the other; however once it starts breaking down ANY motion will make it crumble.

      I have a few old rubber bungees holding things down outside... the last of the old good ones are about 15 years old. Occasionally one breaks but they don't get brittle. The oldest of the new ones ... well, there's none left after about 6 months.

      And if they can't make shoes that don't rot, the "publicity" serves 'em right. ;D

      --
      ~REZ~ #43301. Who'd fake being me anyway?
    229. Re:See. Patents/Copyright spur innovation. by DavidTC · · Score: 1

      You've brought up a number of points where doing something so obviously good (giving away food) can actually be bad

      Give a man a fish, and he eats for a day. Teach a man to fish, and he eats for a lifetime. Give everyone a fish every day, and soon no one is selling any fish and all the fishermen lose their jobs. (Luckily, they won't starve.)

      The problem is that we want to feed the people who literally would not otherwise have food, and that wouldn't affect the market...but that's very hard to do without also feeding people who would normally have bought it.

      And I don't mean rich people...poor people buy plenty of food. There's plenty of people who have to choose between food and power bills, and will indeed stand in line for free food so they can get both. But the second we give them some food instead of them buying something, we've undone the entire point of purchasing food to keep it off the market!

      And it doesn't matter how or where this happens. We can say 'We should use it for school lunches', but, tada, those places normally bought off the market.

      Perhaps we should just spend time trying to figure out how to store food perfectly, instead of worrying about expiring food we literally cannot hand out without undoing the point of paying people for it.

      --
      If corporations are people, aren't stockholders guilty of slavery?
    230. Re:See. Patents/Copyright spur innovation. by MightyYar · · Score: 1

      Perhaps we should just spend time trying to figure out how to store food perfectly, instead of worrying about expiring food we literally cannot hand out without undoing the point of paying people for it.

      Or creating disasters rather than destroying the food! :)

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      W..w..W - Willy Waterloo washes Warren Wiggins who is washing Waldo Woo.
    231. Re:See. Patents/Copyright spur innovation. by jwhitener · · Score: 1

      "Everyone has the right not to have their life taken away, but no one has a right to unlimited, state-of-the-art healthcare. Money is just a way to quantify resources, and we don't have the resources to give everyone all the healthcare that they want, when they want it"

      The rest of the industrialized world disagrees with that statement and proves it wrong daily with free health care for everyone in their country. And surely the US with its money could afford it.

    232. Re:See. Patents/Copyright spur innovation. by MightyYar · · Score: 1

      The rest of the industrialized world disagrees with that statement and proves it wrong daily with free health care for everyone in their country.

      But not unlimited and always not state-of-the-art. Every country with socialized medicine has some rationing system.

      The US currently has socialized medicine - albeit a very disorganized and inefficient and highly rationed system. I'm actually pro socialized medicine - I'm just pointing out the obvious: that you have to make some kind of decision about how and when to cut off care. It can be money, or it can be physician's discretion, or "death panels" (so disingenuous!), rigid rules, waiting lists, or a million other ways - but it cannot be unlimited and it cannot all be state-of-the-art.

      --
      W..w..W - Willy Waterloo washes Warren Wiggins who is washing Waldo Woo.
    233. Re:See. Patents/Copyright spur innovation. by jwhitener · · Score: 1

      "Every country with socialized medicine has some rationing system."

      Yup, and so does the US right now. Medicare has tons of situations it will pay for, and tons it won't pay for, and those lists are largely used by private insurance as well, with some variation based on different ($$) plans.

      For instance, if you have pneumonia, your medicare (and likewise private insurance) will likely cover 3 days of hospital stay, but no longer, regardless if you are still sick. (I forget the exact details, but you get the point).

    234. Re:See. Patents/Copyright spur innovation. by MightyYar · · Score: 1

      Yup, and so does the US right now.

      Exactly my point. The US has socialized medicine, and it is rationed. Some of it is rationed via the insurance companies, some of it through government, some by cost, etc. It's a mess, and it is inefficient.

      I'm pro socialized healthcare, and I think it is the humane, generous thing to do. But I do not recognize any kind of "right" to health care. If someone is charitable enough to give it to you, that is fantastic, but you have no "right" to be given free stuff.

      --
      W..w..W - Willy Waterloo washes Warren Wiggins who is washing Waldo Woo.
  2. Choosing the correct tactics by Anonymous Coward · · Score: 3, Interesting

    At least Pfizer isn't trying to unreasonably extend the patent, sue its customers, or use other underhanded tricks to cheat the system at the expense of everyone else.

    Unlike some other...companies.

    1. Re:Choosing the correct tactics by MightyMartian · · Score: 5, Interesting

      I'm unclear here. Since when did pharmacists suddenly get the right to override a doctor's prescription? How can Pfizer actually get a pharmacist to sign an exclusivity agreement.

      --
      The world's burning. Moped Jesus spotted on I50. Details at 11.
    2. Re:Choosing the correct tactics by chinakow · · Score: 1

      Well I would guess that when a doctor checks the, 'Generics okay,' box, that means that the pharmacist can fill the prescription with any drug that has the same active ingredient(and purpose and a raft of other prerequisites that I am unaware of). The choosing a more expensive option part is when the ethics get weird.

    3. Re:Choosing the correct tactics by metalmaster · · Score: 1

      I've seen it done with my prescription although it was the other way around. Once a generic was available my pharmacy switched me to it. I believe they just bitch to the doctor's secretary or the doctor until they get the go-ahead.

      As far as signing an exclusivity agreement I think it comes down to the drugs the pharmacy chooses to order and/or stock. It's inconceivable to think that a pharmacy can carry every drug under the sun.

    4. Re:Choosing the correct tactics by icebike · · Score: 3, Informative

      Quoting the Summary:

      Pfizer is employing unprecedented tactics to hold onto as many Lipitor prescriptions as it can with an aggressive marketing plan and forging deals with insurers, pharmacy benefit managers and patients to meet or beat the price of its generic replacements

      As long as the Meet or Beat tactic is used I fail to see the problem. If a pharmacy can get a better price on the original Lipitor, make a profit and still beat the generic price fine by me.

      Even if the pharmacy has to sign an exclusivity agreement and not carry the generic but still gets to beat the price, fine.

      Not every pharmacy carries every drug, and doctors often allow substitutions,. generic or otherwise. In fact they are encouraged to NOT prescribe brand name drugs. Some states limit this specifically for patients under state programs.

      Most drugs that have widely accepted generic equivalences are no longer routinely prescribed with the stipulation of Dispense As Written (DAW), because it raises a red flags with insurance companies and is often a financial burden on patients.

      --
      Sig Battery depleted. Reverting to safe mode.
    5. Re:Choosing the correct tactics by dlevitan · · Score: 3, Informative

      I'm unclear here. Since when did pharmacists suddenly get the right to override a doctor's prescription? How can Pfizer actually get a pharmacist to sign an exclusivity agreement.

      Pharmacists don't override a doctor's prescription. Lipitor is the brand name of the drug Atorvastatin, which was developed by Pfizer. A prescription is for Atorvastatin (or Lipitor, whatever the doctor) writes down, but the drug is the same whether or not is was made by Pfizer (and called Lipitor) or by a different company (and called atorvastatin). Pfizer has simply made exclusivity agreements that pharmacies would not sell generic versions of atorvastatin. This might be bad for the consumer (price-wise, not health-wise), but they can always go to a different pharmacy if theirs refuses to sell the generic.

    6. Re:Choosing the correct tactics by Anonymous Coward · · Score: 3, Informative

      Pharmacy techs here in Canada have full right to offer a generic or brand even against the doctors orders, as long as it's chemically identical to the drug prescribed.
      That's one of the benefits of a nation wide healthcare program that subsides drugs to some extent, they're always on the lookout to save a few more dollars.

      AFAIK: (I'm not an American, so this is simply "as told to me by a pharmacy tech friend of mine in the states") The Pharmacy (not the tech) can choose to replace a brand with a generic, if it will save them money. If the buyer so chooses to purchase the brand name out of pocket (Health plans come with their own restrictions) he's free to do so.

    7. Re:Choosing the correct tactics by marcosdumay · · Score: 1

      Replace with a generic, seems quite ok.

      I'm still fail to understand why a client would keep going to a phamacy that have more expensive medicines. Or is Pfizer using dirtier tricks to get pharmacies to sign (like offering discounts on other medicines only if they sign).

    8. Re:Choosing the correct tactics by icebike · · Score: 1

      When the doctor does not specifically state Dispense As Written, or specifies a chemical name instead of a brand name, pharmacists can legally substitute generics at the patients request. Pharmacies do not always carry every single drug.

      Most Docs will not limit prescriptions to a brand name unless there is a medical reason for doing so.

      --
      Sig Battery depleted. Reverting to safe mode.
    9. Re:Choosing the correct tactics by rrossman2 · · Score: 3, Informative

      The Pharmacist can in the States... and they can also pay a large sum of money for a license that actually allows them to "write" prescriptions as well. Pharmacy Techs are really nothing more than take the script, pass the script on (maybe count the pills), tell you it's ready, and ring you out.

      My ex-gf went to the University of Pittsburgh for Pharmacology so I got to learn quite a bit about how it all works (and learned more in organic chem than I'd like to or ever had to seeing as I went IT)

    10. Re:Choosing the correct tactics by C0R1D4N · · Score: 1

      What incentive does the pharmacy have to sign these deals?

    11. Re:Choosing the correct tactics by grim4593 · · Score: 1

      What makes that interesting is that a lot of time time insurance companies refuse to pay for non-generic versions of medicines if a generic version is available.

    12. Re:Choosing the correct tactics by hedwards · · Score: 1

      It gets somewhat complicated for that reason. If you want to know if a medication is safe to take with something else the pharmacist is your best bet. They'll know more than you could ever possibly want to know about those things and are worth listening to when they disagree with a doctor about combining medications.

      That being said, they don't necessarily know that a particular person only has a reaction to the generic option of a medication and really shouldn't be making that sort of substitution without permission. Such things are much more likely to be reported to the doctor directly.

    13. Re:Choosing the correct tactics by hedwards · · Score: 2

      Standards, the FDA doesn't have the time to inspect all the foreign pharmaceutical lines to the same extent that they inspect the American ones, and the difference is pretty significant. Also, just because a medication is generic does not guarantee that the body will react to it the same way that it reacts to the name brand. It's definitely not common, but it does happen from time to time and most of the time it's because the pills aren't really identical.

      That being said, the ultimate reason is that unless one has no insurance one has no meaningful idea as to the cost of the medicine as they pay the same cost either way.

    14. Re:Choosing the correct tactics by dcavanaugh · · Score: 1

      The big pharma companies employ vast armies of sales reps. These people visit docs in person and try to persuade them (with free stuff and other perks) to write scripts for their products. Docs that play along by writing "no substitutions" on prescriptions get a lot more "rewards" than those who don't. The same concept applies to pharmacists, in an attempt to discourage them from making generic substitutions.

      It took many years, but the insurance companies finally got smart. They require generic substitutions wherever possible, and stick the patient with big co-pays if a prescription is filled with a name brand when a generic choice existed -- if they cover it at all. The docs and pharmacists don't have as much latitude as they used to. I never had a problem with generic drugs, so have to say the insurance companies might be right on this.

    15. Re:Choosing the correct tactics by Ethanol-fueled · · Score: 1

      Ahh, pharmacy school. All that time, money, and intensive study just to roll pills all day - and many pharmacists can't even do that right. A cushy way to make a living if you're a robot with no hobbies or a personality.

      A couple of my friends are pharmacy techs and they tell me all about the horrible mistakes even pharmacists make, and of course one of the duties of the pharmacy tech is to catch the pharmacist's mistakes. Any competent CPhT has been through enough basic pharmacodynamics and pharmacokinetics to catch dosage and interaction problems across a patient's prescriptions.

      Sadly enough, The whole hospital pharmacy apparatus becoming completely automated and mechanized within the next 20 years.

    16. Re:Choosing the correct tactics by slew · · Score: 1

      I'm unclear here. Since when did pharmacists suddenly get the right to override a doctor's prescription? How can Pfizer actually get a pharmacist to sign an exclusivity agreement.

      A "prescription" is merely a course of treatment recommended by a doctor. A doctor could just write you a prescription to do more exercise, although usually there are drugs involved with many courses of treatment. AFAIK, legally, the prescription applies to the patient, not the pharmacists (e.g., the patient is taking the course of treatment, the doctor or pharmacist is not giving the treatment). Since it is the patient that is taking the treatment, he/she can choose to take the advice of a doctor or pharmacist and substitute a generic (usually to avoid more out-of-pocket costs or comply with insurance authorized courses of treatment for covered expenses).

      In most legal juristictions that I know of, a prescription for drugs will by default allow for generic substitutions by the pharmacists, unless the doctor specifically dis-allows it (the actual wording varies from locale to locale, but usually "do-not-substitute" or something similar), so there's technically no reason that a pharmacist can't just subtitute the "real" lipitor even if the doctor writes the generic name (unless the prescription specifically calls out one of the generic formulations which seems unlikely).

      Think about this in reverse, do you think it's prudent to require all pharmacies to stock all drugs made from all different vendors when they are essentially the same thing? What if 10 different companies made versions of atorvastatin for sale? No that isn't reasonable, is it? That's why pharmacists are allowed to substitute. Of course a patient can shop around their prescription to various pharmacies to get the lowest price they can (or a specific generic version if they are so inclined), but who do you know does that? But you can...

      Pharmacists have exclusive arrangements all the time. Do you think that say target or walgreens has 1000 different suppliers for common high-volume drugs? No, they contract to have their own formulation and sell them in their stores. There is no army of Pfizer folks signing up individual pharmacists for exclusivity, because these pharmacists don't exist. They are all national conglomerates who commonly lock in 1 or 2 suppliers with exclusive agreements for better pricing. That's business.

    17. Re:Choosing the correct tactics by leonardluen · · Score: 1

      the doctor isn't prescribing the name brand, he is just prescribing the drug contained in it. the generic and the name brand are both the same drug, so the pharmacist can use either to fulfill your doctor's prescription. sometimes you as a consumer (or your insurance company, through your prescription plan) can request specifically to have the generic or the name brand.

      of course i am not a pharmacist...nor a doctor...

    18. Re:Choosing the correct tactics by Woldscum · · Score: 1

      I'm unclear here. Since when did pharmacists suddenly get the right to override a doctor's prescription? How can Pfizer actually get a pharmacist to sign an exclusivity agreement.

      It's not the pharmacist. It's the insurance company. The pharmacist can only dispense the drug as written on the prescription. The insurance company decides on what they will pay for. If the insurance company will only pay for a generic drug. You still can get the name brand drug. But you will need to pay the full retail price for it. It depends on your insurance policy.

    19. Re:Choosing the correct tactics by flimflammer · · Score: 1

      Money and/or discount prices on stocking Pfizer drugs?

    20. Re:Choosing the correct tactics by Anonymous Coward · · Score: 0

      Pharmacist here. People rarely see the cost, they just pay their insurance co-pay, which is the same no matter what pharmacy they go to.

    21. Re:Choosing the correct tactics by forand · · Score: 1

      Many prescription drug plans do not give you any such right (to choose your pharmacy). Assuming that people can make choices about their health care in this day an age is not reasonable. While some can afford to choose their own insurance the vast majority of Americans either get coverage through their work where they have no choice or get coverage from the state.

    22. Re:Choosing the correct tactics by Anonymous Coward · · Score: 0

      ...they can always go to a different pharmacy if theirs refuses to sell the generic.

      This assumes that there's good competition between pharmacists: that there's another one, nearby, which hasn't signed this sort of anti-competitive agreement with Pfizer. If this were the case, then Pfizer wouldn't be bothering with these deals.

    23. Re:Choosing the correct tactics by PCM2 · · Score: 1

      At least Pfizer isn't trying to unreasonably extend the patent

      We don't know that, as it wasn't the topic of TFA. For all we know, Pfizer has been busy cooking up a version that amounts to "Lipitor plus Acetaminophen," but it just hasn't received FDA approval yet.

      --
      Breakfast served all day!
    24. Re:Choosing the correct tactics by flimflammer · · Score: 3, Interesting

      I on the other hand seem to be very unlucky with about 20% of generics I get. Many times they're fine, but one in particular is terrible. I'd been prescribed Xanax for severe anxiety attacks, and the generic form actually makes me sick and nauseated to the point the anxiety seemed to be the better option. Originally they covered it but later implemented a generic-only policy. I had to fight my insurance company tooth to nail to get them to cover Xanax, which they did, after an absurd amount of time.

      In general I think it's not the worst policy in the world, but don't get them wrong -- insurance companies only do it to save them money, not you.

    25. Re:Choosing the correct tactics by PCM2 · · Score: 1

      An insurance plan that offers the same co-pay for generic and non-generic drugs is pretty rare these days. My plan will cover brand name drugs, but I pay a pretty premium -- I think there's something like a separate $500 deductible. It's basically designed as a catastrophic option for when you end up needing new, brand-name drugs for some chronic, life-threatening condition like cancer or HIV.

      --
      Breakfast served all day!
    26. Re:Choosing the correct tactics by Altrag · · Score: 1

      Lack of knowledge. Lack of options. Lack of caring. Too much trust that their doctors and/or pharmacists (and more particularly, the companies they work for) are there for anything other than profit.

      Have you ever shopped around different pharmacies when you need a perscription filled? Maybe if you live in an area with lots of pharmacies near-by but even then I'd give it a maybe at best.

      Then again, I live in Canada where our healthcare is a little more human-oriented and less profit-oriented (so far at least..), so maybe the Americans are a little more thrifty when it comes to their pills than I'm used to.

    27. Re:Choosing the correct tactics by PCM2 · · Score: 1

      I believe you as a consumer can always request a brand-name drug. You'll just have to absorb the cost yourself, because if the insurance company doesn't see a clear benefit it won't pay the difference.

      --
      Breakfast served all day!
    28. Re:Choosing the correct tactics by Altrag · · Score: 1

      The idea of course is to NOT use the "meet or beat" tactic. The idea is to not have any competition to bother beating. If I'm a pharmacy, I don't really care that much what my incoming costs are -- I just pass them on to my own customers anyways. In fact, a higher cost means a higher net profit (since margins are typically done as percentages). And if Pfizer is going to toss me an extra million to boot, then party on!

      There's two ways to limit that mindset: competition or government interference. Pfizer (and any other company of sufficient size in any field you can imagine) will employ lots of lobbyists to defeat the latter, and will employ any tactics they think they can get away with to prevent the former.

      Its an almost safe bet that Pfizer HAD quietly prodded their favorite government employee(s) about retroactively extending patent claims before trying these less destructive tactics, and have been told there's an extremely low chance of success (remember, probability of failure * lawyer fees = risk, or some function thereof..).

    29. Re:Choosing the correct tactics by MightyYar · · Score: 1

      I'm taking a swag but I'd say discounts on the other Pfizer drugs. :)

      --
      W..w..W - Willy Waterloo washes Warren Wiggins who is washing Waldo Woo.
    30. Re:Choosing the correct tactics by MightyYar · · Score: 4, Insightful

      Sadly enough, The whole hospital pharmacy apparatus becoming completely automated and mechanized within the next 20 years.

      LOL, why is that sad? You just scared the shit out of me about what the meat-based pharmacists are up to! :)

      --
      W..w..W - Willy Waterloo washes Warren Wiggins who is washing Waldo Woo.
    31. Re:Choosing the correct tactics by MightyYar · · Score: 2

      Yeah, my understanding is that the FDA only regulates (for the purposes of generic vs brand name) the active ingredient. You could have some negative reaction to the fillers, casing, etc. And even the delivery/timing could be slightly different.

      A friend of mine was on Nexium, and his insurance made him switch to Protonix - a very close relative, so not really the same thing as a generic substitution... Anyway, he got headaches from Protonix, so his doctor had to write a letter explaining this to the insurance company before they would again pay for his Nexium. I'm sure the situation is similar with generics and insurance companies.

      --
      W..w..W - Willy Waterloo washes Warren Wiggins who is washing Waldo Woo.
    32. Re:Choosing the correct tactics by MightyYar · · Score: 1

      The pharma companies figured out how to defeat the co-pay penalty. They give you a "discount card" now that pays the difference between the generic and brand-name.

      Clever bastards.

      --
      W..w..W - Willy Waterloo washes Warren Wiggins who is washing Waldo Woo.
    33. Re:Choosing the correct tactics by Anonymous Coward · · Score: 0

      I'm unclear here. Since when did pharmacists suddenly get the right to override a doctor's prescription? How can Pfizer actually get a pharmacist to sign an exclusivity agreement.

      It's easy, they only gave the deal to ONE pharmacy, and it's the only one who will be able to buy Lipitor direct from the manufacturer at a stupidly rediculous rebate. I should know, I work for that Pharmacy.

    34. Re:Choosing the correct tactics by Anonymous Coward · · Score: 0

      About the same time the insurance companies did.

    35. Re:Choosing the correct tactics by Anonymous Coward · · Score: 0

      People don't seem to understand that a generic drug and a generic food are not the same thing. "Generic" refers to the CHEMICAL NAME of the drug in question. That is it. It is LITERALLY the same exact medication without a trade name, that another company can manufacture when the discovering company's patent expires. Very rarely is there a case where a generic is not equivilent to a brand name drug (and in these cases, the pharmacist DOES have to check with a doctor that dispensing this medication is okay.)

      In most states, you are REQUIRED (by law) to fill for a generic medication because brand name medications are, comparatively, very expensive.

    36. Re:Choosing the correct tactics by Anonymous Coward · · Score: 0

      and I will personally burn down any pharmacy I catch doing this. shit deal for them in the end.

    37. Re:Choosing the correct tactics by Anonymous Coward · · Score: 0

      It's really just a matter of the pharmas deciding to eat the copay difference. I don't know how they get away with this, but the discount cards are only for consumers (not insurers). Lipitor was an expensive brand-name drug on my health plan, but I got a free discount card from Pfizer and now it's $4 a month -- probably cheaper than generics. At that price, I have no complaints.

    38. Re:Choosing the correct tactics by Anonymous Coward · · Score: 0

      Some states may not allow this. AFAIK, in Massachusetts, the law prevents the patient from requesting "no substitution" on a prescription. Only the prescriber of the medication can mandate no substitution, but it must be properly indicated on the prescription.

    39. Re:Choosing the correct tactics by Patch86 · · Score: 1

      Doctors prescribe by drug, not by brand. It's up to the pharmacist (or the patient) which brand of that drug they use, presuming they're all the same drug inside the box. And when you get right down to it, pharmacists (especially American ones, private healthcare being what it is) are just retailers. They no more have to stock a given brand of drugs than my grocer has to stock a specific brand of beans.

      That said, monopolistic practices are still bad, and I hope the anti-trust lawyers are warming up their litigation mobiles...

    40. Re:Choosing the correct tactics by Anonymous Coward · · Score: 0

      The idea of course is to NOT use the "meet or beat" tactic. The idea is to not have any competition to bother beating.

      Otherwise known as the "beat the meat" tactic.

    41. Re:Choosing the correct tactics by Anonymous Coward · · Score: 0

      Pfizer artificially creates a monopoly by using coercive tactics. Do you think they'll keep the whole "beat the price" scheme up once they've killed the competition? Hah!

      Intel tried the same shit with CPUs and got fined for it.

    42. Re:Choosing the correct tactics by Anonymous Coward · · Score: 0

      At least here in Finland, a pharmacists can change the drug to a cheaper one, IF such drug is available and the substitution is accepted in the national drug substitution system.

    43. Re:Choosing the correct tactics by Anonymous Coward · · Score: 0

      Nobody will have an adverse reaction to generic medication unless they would also have an adverse reaction to the brand name version.

      Why? Because they are chemically the same thing.

      I know it was already said, but it's such an important point that it is worth repeating. There's no difference. The drug companies want you to think there is, but don't be fooled.

    44. Re:Choosing the correct tactics by RobertLTux · · Score: 1

      and what happens if the script is marked FILL AS PRESCRIBED NO SUBS??

      given that a doctor may have some medical reason for that particular pill (something in the fillers maybe??) and the fact that the pharmacist is NOT A DOCTOR why does this even come up??

      --
      Any person using FTFY or editing my postings agrees to a US$50.00 charge
    45. Re:Choosing the correct tactics by Punko · · Score: 1

      My son takes allergy treatment medications. When we were away from home, some of his medications were damaged (bottle opened and contents got wet) so we had to get an emergency refill. The local pharmacist used a generic version of the drug. My son reacted badly to the generic drug (in fact, is allergic to the generic version of his allergy meds). It was a very long night/day after that. Now we have a constant fight with our regular pharmacy whenever they try to replace the drug with that generic version. Our drug policy does not require generic substitution, nor does the pharmacy officially require it. They have ignored the physician's requirement on the prescription for the name brand on multiple occasions. Obviously, this is not a normal situation, but I have a very difficult time when a pharmacist overrides a specific physician's instructions in order to save somebody some money.

      --
      If only we could fall into a woman's arms without falling into her hands
    46. Re:Choosing the correct tactics by flimflammer · · Score: 1

      Wow, that seems extremely shady, especially if your regular pharmacy is aware of your sons volatile reaction to the generic drug and yet still tries to sub in generics when the doctor explicitly specifies name brand. Pharmacists can be sued for negligence in malpractice suits just like Doctors do if they screw up. It's weird they would take the situation so lightly.

    47. Re:Choosing the correct tactics by Aarondeep · · Score: 1

      Pfizer has simply made exclusivity agreements that pharmacies would not sell generic versions of atorvastatin. This might be bad for the consumer (price-wise, not health-wise), but they can always go to a different pharmacy if theirs refuses to sell the generic.

      This is totally incorrect. The pharmacist does no such thing (i'm a pharmacist). Going to a different pharmacy won't do anything.
      It's the pharmacy benefit manager that determines this (PBM). The PBM contracts with health plans to manage the pharmacy benefit of a plan. These guys eg Medco, Express-Scripts create exclusive agreements with manufacturers that will force patients to use a brand name when a generic is available because Pfizer is giving a rebate to the PBM. It's two monopolies working together to stick it to the consumer and health plan. Where does that rebate go? In the pockets of the PBM and Pfizer. It's disgusting

    48. Re:Choosing the correct tactics by MightyYar · · Score: 1

      I actually get a kick out of watching huge companies try to outsmart one another.

      --
      W..w..W - Willy Waterloo washes Warren Wiggins who is washing Waldo Woo.
    49. Re:Choosing the correct tactics by PCM2 · · Score: 1

      Right, but if the doctor did not specify "no substitution," then you as the patient can opt to substitute for the more expensive brand-name drug -- if that's what you want. I think the reason this seems unclear may be because no patient has ever actually done this.

      --
      Breakfast served all day!
  3. retro active. by Truekaiser · · Score: 0

    re patenting in 3. 2. 1.

  4. YAY by masternerdguy · · Score: 0

    I'd jump with joy, but I might get an aneurysm.

    --
    To offset political mods, replace Flamebait with Insightful.
    1. Re:YAY by PopeRatzo · · Score: 1

      I'd jump with joy, but I might get an aneurysm.

      I know, right?

      It's really a game-changer for me that the price of Lipitor is going to come way down.

      As an American, I'm happy to know I'll be able to enjoy my deep-fried gravy on a stick with extra butter without concern about having to overpay for my Lipitor.

      Judging from what I see walking around the local shopping mall, I'm not the only one. I drove up to the Wisconsin State Fair in West Allis this summer and I'm pretty sure Pfizer must have been one of the biggest sponsors given the food-like substances that were offered for sale there.

      --
      You are welcome on my lawn.
  5. What? by geekoid · · Score: 5, Insightful

    A patent is going to expire. The company responds with marketing and by lowering it's price.

    That's just horrid~ Someone is working to hard to find ills.

    What's that? there are going to create a generic version of the drug they created? OMG!!1!!!

    --
    The Kruger Dunning explains most post on /. http://en.wikipedia.org/wiki/Dunning%E2%80%93Kruger_effect
    1. Re:What? by Osgeld · · Score: 3, Insightful

      It does show how much they were raping the system and users, their cost have not gone down but wow its now much much much cheaper and yet they will still turn a profit

      let me shed a tear for them.

    2. Re:What? by Anonymous Coward · · Score: 0

      That's what I would like to know.
      I actually don't see anything wrong here.

      They are actually working to keep their hold on a product that is now out of patent.
      The patent system is still the thing at fault for encouraging laziness.

    3. Re:What? by BradleyUffner · · Score: 1

      A patent is going to expire. The company responds with marketing and by lowering it's price.

      That's just horrid~ Someone is working to hard to find ills.

      What's that? there are going to create a generic version of the drug they created? OMG!!1!!!

      I doubt it's the lower price people have a problem with. It's more likely it's the insurance deals where the instance will refuse to pay for the generic version.Or the part where they want to block mail order generics.

    4. Re:What? by geekoid · · Score: 3, Insightful

      NO one is shedding any tears. Iw as simply stating there is no story hee.

      And making a lot of money is a fair trade off for the amount of science they do, and the number of new drugs.

      Now it's expiring, and it will be cheaper.

      I would like to point out that the article has a lot of statements from the author with nothing to support them.

      The story her, if there really is one, is how the generic companies are whining they won't be able to compete with the lower prices.
      The point of generics was a low cost alternative. It' it's already low cost, they go away.

      --
      The Kruger Dunning explains most post on /. http://en.wikipedia.org/wiki/Dunning%E2%80%93Kruger_effect
    5. Re:What? by Caerdwyn · · Score: 4, Insightful

      Exactly. They never should have been allowed to create the drug or sell it in the first place. The whole idea of "whoever does the work is the one who should get the reward" is evil. Pharma companies should not be allowed to engage in research, earn profit, or do anything except bleed money into the pockets of lawyers and socialists. Anyone should be able to simultaneously cash in on another company's research and sue that company. Drugs happen by magic, and don't tell me otherwise; effort has nothing to do with it. Screw people with high cholesterol, they're old while entitlement-driven people are young, it doesn't affect the young so to hell with anyone except the young. I'm ENTITLED.

      May you die of a heart attack for want of an effective drug.

      --
      Everybody gets what the majority deserves.
    6. Re:What? by alienzed · · Score: 1

      Do you really think that Pfizer did ALL the work necessary to come up with that drug? Did they create the instruments, develop the process, invent the chemicals? No one gets anywhere alone, it's time the economy started to reflect that.

      --
      Never say never. Ah!! I did it again!
    7. Re:What? by iluvcapra · · Score: 5, Insightful

      The company responds with marketing and by lowering it's price.

      Right, but they're not lowering their price as much as the generic. They're negotiating deals with your insurance company so your co-pay for the name brand will be lower than generics, even though the rate the insurance company actually pays for brand-name Lipitor would be higher than the generic, so you save $5 on a copay but the insurance risk pool loses $50, because the drug company is insulating you from the underlying costs and distorting your buying decision.

      It's classic drug company tactic- they'll hand out "coupons" or "drug benefit cards" that defray the excess cost of a brand-name copay over a generic copay, so if your brand-name copay on a drug is $40 and the generic is $15, Pfizer will pay you the $25 difference to buy the brand name. They can afford the difference because they're probably profiting over $100 on the bottle, you just don't see the cost to your insurance company at the point-of-sale, it gets turned into higher premiums. It's a big part of why prescription drug insurance is so expensive in the US, several states have banned manufacturer drug coupons and This American Life did a whole episode on it a year or two ago.

      --
      Don't blame me, I voted for Baltar.
    8. Re:What? by ShieldW0lf · · Score: 1

      Exactly. They never should have been allowed to create the drug or sell it in the first place. The whole idea of "whoever does the work is the one who should get the reward" is evil. Pharma companies should not be allowed to engage in research, earn profit, or do anything except bleed money into the pockets of lawyers and socialists. Anyone should be able to simultaneously cash in on another company's research and sue that company. Drugs happen by magic, and don't tell me otherwise; effort has nothing to do with it. Screw people with high cholesterol, they're old while entitlement-driven people are young, it doesn't affect the young so to hell with anyone except the young. I'm ENTITLED.

      May you die of a heart attack for want of an effective drug.

      Which variety of organ failure is it that you would prefer to die from?

      --
      -1 Uncomfortable Truth
    9. Re:What? by Caerdwyn · · Score: 1

      Lead deficiency.

      --
      Everybody gets what the majority deserves.
    10. Re:What? by alex_guy_CA · · Score: 1

      I agree, lowering prices is not a crime. Aren't they also using their market clout to write deals that don't allow their competitors? I didn't read TFA, but that is what I took this sentence to mean: " Some deals require pharmacies to reject prescriptions for low-cost generics and substitute a discounted name-brand Lipitor while other deals block generic makers from mail-order services that account for an estimated 40 percent of all Lipitor prescriptions." Lowering prices, good, fair, fine. Anti-competitive deals, not so much. Why the quote from David A. Balto is so lame, who knows. Again I didn't read THA.

    11. Re:What? by davegaramond · · Score: 1

      Wow, talk about strawman :)

    12. Re:What? by Anonymous Coward · · Score: 1

      So are the researchers multi-millionaires? I would be ok with Pfizer marketing this drug if they would pay their employees more than worrying about their shareholders.

    13. Re:What? by ShieldW0lf · · Score: 1

      Personally, I would like to die of a heart attack. While having sex with 3 women each 1/3 my age and under the influence of copious amounts of cocaine and state funded Viagra.

      --
      -1 Uncomfortable Truth
    14. Re:What? by leonardluen · · Score: 4, Insightful

      i think there is a story here. we should compare this expiring patent to the copyrights (which it appears never expire, as they just extend it any time it gets close)

      So we see this patent expiring and the company that holds it is suddenly becoming more competitive to stay in business and the consumers are winning because of it.

      now i wonder what the *iaa would do if their copyrights were starting to expire...i suppose they would have to do something to remain competitive, and the consumers would win because they would be able to get cheap media.

      however the *iaa is lazy and don't want to have to do that extra work, and so instead they have fought to keep copyrights perpetual.

    15. Re:What? by Anonymous Coward · · Score: 0

      No, but they took the idea through R&D, did the clinical trials and then danced the FDA dance for untold months or years. And to their gain, the bloody dog, primate or whatever didn't die in Development or humans in Phase I. And it worked through Phase II and III.

    16. Re:What? by Anonymous Coward · · Score: 1

      Our options are these:

      A) Drug companies create drugs, and sell them to the public at a profit.
      B) Government programs create drugs, and sell them to the public at cost.

      The advantage of option A is that companies have a much better incentive to produce a useful drug than government programs, in the form of profits. This means that they'll generally work more efficiently, come up with drugs that are actually required by a majority of the market, etc.

      The disadvantage of option A is that the profit (required as an incentive for the drug companies) are wasted money, as far as providing drugs to the public is concerned. The same applies to money that the companies spend on marketing.

      So, the more profit the drug companies are making, the worse option A looks. If, for example, they're charging 3x the production cost of the drugs, but they're only 2x as efficient as a government program, then option B becomes superior. (Alternatively, you can tweak the rules - patent law, regulation of advertising - to reduce their profits, and improve option A.)

    17. Re:What? by hypergreatthing · · Score: 0, Flamebait

      I know. Drugs should always be for profit. And as for profit they should never fix the symptom because that would reduce profit. Also drugs for silly things like penile erection dysfunction get the lime-lite as they never really cure the real issue which is physical, not chemical. Research into life saving drugs such as more effective anti-biotics doesn't make fiscal sense since they more than happy to sell less effective anti-biotics that aren't being rendered ineffective because they're not overused yet.

      For profit drugs will never cure the problem. They will only insure that a person has to take the pills for the rest of their life to maximize profit. Any mistake miracle drugs will be touted as the reason why for profit drug companies work.

    18. Re:What? by flimflammer · · Score: 2

      What are you suggesting? That they slammed a few beers, got a bunch of chemicals from the local supply store, dumped them into a vat, and out came Lipitor with minimal effort? Or that someone was -this- close to creating Lipitor and Pfizer came in, said "we should move that over there," then patents the whole thing?

      Credit where credit is do. I do -not- like Pfizer, in fact you might even say I -hate- Pfizer, but your line of reasoning is absurd, regardless of my exaggerated examples.

    19. Re:What? by tsotha · · Score: 1

      They're negotiating deals with your insurance company so your co-pay for the name brand will be lower than generics, even though the rate the insurance company actually pays for brand-name Lipitor would be higher than the generic, so you save $5 on a copay but the insurance risk pool loses $50, because the drug company is insulating you from the underlying costs and distorting your buying decision.

      I don't understand why the insurance company would be party to that arrangement.

    20. Re:What? by Anonymous Coward · · Score: 0

      "whoever does the work is the one who should get the reward"

      Unfortunately, it doesn't work like that. Capitalists make all the profits, and the ingenuity of the scientists and laborers who created the product are given a rather paltry salary by comparison. Not to mention all the public resources that are the foundation of any kind of business. Were any of the researchers graduates of a publicly-funded university? They they transport their product on public roads? I am all for that you said in your quote, but it would be a stark departure from what we have going on.

    21. Re:What? by SnarfQuest · · Score: 1

      I don't think you can just take over Clintons job.

      --
      Who would win this election: Andrew Weiner vs Andrew Weiner's weiner.
    22. Re:What? by Patch86 · · Score: 1

      Just to be pedantic- Pfizer didn't do the work. The drug was invented by a company called Parke-Davis, and the rights have ended up with Pfizer following mergers and buyouts.

      Not that that necessarily invalidates your point; when a company buys another, it buys all of its rights. But "Pfizer" has done nothing in the development of this drug; they just bought the rights to it at some point for some price, in the hope that their investment would pay off. Nothing more complicated than if they'd bought stocks in a hedge fund, or stockpiled gold bars.

    23. Re:What? by Anonymous Coward · · Score: 0

      Pfizer payed for those instruments. The manufactorer was compensated for the trouble of making/inventing them. If he wanted a piece of the cake, he could have made it a requirement in the contract when he sold the instrument/chemicals. The market economy* is exactly a representation of the fact that lots of people can help make a product, and that their contributions are not equal.
       
      *When market failures are small enough to be insignificant. Otherwise, we need a government to correct that.

    24. Re:What? by Anynomous+Coward · · Score: 1

      Some company - maybe the same - will have a replacement, and suddenly 'independent' studies highlighting problems with the now generic original will come out of the woodwork. Lather, rinse, repeat.

      --
      I'm not a coward by any name.
    25. Re:What? by crunchygranola · · Score: 1

      Our options are these:

      A) Drug companies create drugs, and sell them to the public at a profit. B) Government programs create drugs, and sell them to the public at cost.

      The advantage of option A is that companies have a much better incentive to produce a useful drug than government programs, in the form of profits. This means that they'll generally work more efficiently, come up with drugs that are actually required by a majority of the market, etc.

      The disadvantage of option A is that the profit (required as an incentive for the drug companies) are wasted money, as far as providing drugs to the public is concerned. The same applies to money that the companies spend on marketing.

      So, the more profit the drug companies are making, the worse option A looks. If, for example, they're charging 3x the production cost of the drugs, but they're only 2x as efficient as a government program, then option B becomes superior. (Alternatively, you can tweak the rules - patent law, regulation of advertising - to reduce their profits, and improve option A.)

      You leave out other serious problems with A. It means, for example, that drug companies have a vested interest in developing slightly different clone drugs that are of no additional benefit to the public ("Nexium" vs "Prilosec") but serve only to give them another patent-protected monopoly product in the same category to continue to push aggressively and keep medical costs high.

      --
      Second class citizen of the New Gilded Age
    26. Re:What? by Lost+Engineer · · Score: 1

      I would guess because they profit too. Higher costs doesn't necessarily mean lower profits for them if they can pass them on.

  6. "Free" Marketplace by Anonymous Coward · · Score: 0

    We don't need any regulations the free market will take care of this in 3, 2, 1...... heheheheh

    1. Re:"Free" Marketplace by icebike · · Score: 3, Informative

      The free market just kicked in. The drug companies are now playing meet or beat. Translation: competition works.
      What's wrong with that?

      The problem existed PRIOR to the patent expiring, where artificially high prices existed.
      Go tinker with that set of rules if you dare, but don' blame the free market just because prices
      come down the minute the market actually becomes free.

      --
      Sig Battery depleted. Reverting to safe mode.
  7. Capitalism by E+IS+mC(Square) · · Score: 3

    Hey, they are just taking care of their stockholders Nothing wrong with it, right?

    Capitalism, it just works, bitches.

    1. Re:Capitalism by Anonymous Coward · · Score: 0

      Yes, and without the financial incentives we wouldn't have half the drugs we have (or the developments in any other sector of business). I know it's fun to bash profits, but nothing inspires people better.

    2. Re:Capitalism by E+IS+mC(Square) · · Score: 2

      Well, I know, and I am not against the idea of money as incentive. But that, in no way, can justify immoral, unethical, psychopathic behavior of corporations in name of profit, and it can never be used to defend anything.

      I have seen this "but they are answerable only to their stockholders" (i.e. capitalism) argument here on slashdot more than enough to make my blood boil.

      Profit can never be allowed at the expense of person or society or humanity.

    3. Re:Capitalism by Anonymous Coward · · Score: 0

      Capitalism? You want to blame a problem generated by their having patents on capitalism?

    4. Re:Capitalism by LordLucless · · Score: 1

      You're right. They're doing exactly what they should be doing.

      Unfortunately, the government isn't. They should be slapping down anti-competitive moves (those exclusivity agreements). Capitalism relies on a tension of forces - corporations working for the good of investors, and government working for the good of the people. When government sells out to coporations, its no longer capitalism.

      --
      Just because you're paranoid doesn't mean there isn't an invisible demon about to eat your face
  8. In other news by blair1q · · Score: 5, Funny

    Today Pfizer announced results of a new study showing that cholesterol has nothing to do with any health problems whatsoever, but water can kill you. Simultaneously they announced the start of trials of a new drug to control this menace, tentatively named hydroprofitor.

    1. Re:In other news by wierd_w · · Score: 3, Interesting

      More likely they will "invest research capital" into the "vastly superior" "lipitor HCl" or similar.

      This is a comon practice in the pharmacutical industry. Create a game changing drug, then milk it *FOREVER*, by tacking on a medically useless functional group to change the molecule enough to file for a new patent, covering the entire chemical family.

    2. Re:In other news by mirix · · Score: 4, Informative

      Yep. The first one that comes to mind is claritin.

      From what I remember, claritin is a... prodrug? - it metabolises to something else in vivo. So when they patent expired, they started marketing the metabolite instead, which they got a new patent on.

      I've heard of other cases where drugs, previously a mix of L and R isomers became generic, so they launched a new drug with just one of the isomers.

      Kind of nauseating, really.

      Loratadine was eventually approved by the FDA in 1993.[2] It accounted for 28% of Schering's total sales[citation needed]. The drug continued to be available only by prescription in the U.S. until it went off patent in 2002.[citation needed] It was then immediately approved for over-the-counter sales. Once it became an unpatented over-the-counter drug, the price dropped precipitously, and insurance companies no longer paid for it. In response, Schering launched an expensive advertising campaign to convince users to switch to desloratadine (descarboethoxyloratadine, trade name Clarinex), which is the active metabolite of loratadine. A 2003 study comparing the two drugs found that "There is no clinical advantage to switching a patient from loratadine to desloratadine.

      --
      Sent from my PDP-11
    3. Re:In other news by Tomato42 · · Score: 1

      And with enough studies they can even claim that it works better! (by 4% in 3 of 400 studies conducted).

    4. Re:In other news by Anonymous Coward · · Score: 0

      You think you are making a joke, but the EU last week made a court ruling that if you claim bottled water can prevent dehydration you will go to jail for up to 2 years.
      http://www.dailymail.co.uk/health/article-2065204/Dehydration-EU-says-CANT-claim-drinking-water-stops-body-drying-out.html

      It took them 3 years of research to come up with that decision. Now how stupid are patents in the US again?

    5. Re:In other news by mirix · · Score: 2

      Sorry for self reply,
      My recollection of chemistry is rather shit, so i bungled that. enantiomer. that's the word.

      I'll let wiki tell about the isomer differentiated drugs, there are some specific examples there too.

      "Enantiopure_drug"

      --
      Sent from my PDP-11
    6. Re:In other news by queazocotal · · Score: 3, Informative

      Read the actual decision.
      There were a number of reasons why the actual decision is sane.
      To recap the high points of the slashdot thread.
      The actual claim forbidden was something like "Drinking water regularly can help prevent dehydration".

      Dehydration, in its medically significant form - is not usually caused by the lack of water.
      Drinking water when dehydrated for reasons other than not having access to water may do nothing, or be counter-productive.
      Drinking water regularly does nothing to stop you needing water in the future.
      Water is not special in providing hydration - coffee, fruit-juice, grapes, oranges, ... all do the same thing, as well, or better than water.

    7. Re:In other news by pentalive · · Score: 1

      I never drink any water anyway.

    8. Re:In other news by blakelarson · · Score: 2

      I'm an occasional user of Claritin. I remember when Clarinex came out and thought -- now why would I want this when Claritin works just fine and is pretty cheap? As far as I can tell, Clarinex died a quiet death. Good riddance.

    9. Re:In other news by Anonymous Coward · · Score: 0

      The point of that is allowing that is saying a company could imply that their bottled water is *better* at preventing dehydration than non-water (like Gatoraid) or tap water, which haven't gotten permission for stating such claims.

    10. Re:In other news by reub2000 · · Score: 1

      I've heard of other cases where drugs, previously a mix of L and R isomers became generic, so they launched a new drug with just one of the isomers.

      Or what about amphetamine, where the R isomer had been generic for a while, so they created 3:1 mixture of the R:L isomers. Never mind that l-amphetamine is a milder stimulant the d-amphetamine, which makes you ask why would anyone take this over the older drug? Most of the doctors prescribing the new drugs are idiots, and the people filling them are suckers.

    11. Re:In other news by Anonymous Coward · · Score: 0

      IIRC, in the industry it's referred to as "evergreening". e.g. see Escitalopram (Lexapro in the US), which is an enantiomer of Citalopram (Celexa, available generically).

    12. Re:In other news by jo_ham · · Score: 1

      They have been trying, since long before the patent on Atorvastatin expired, but it's one of those double edged swords - it's such a good drug in the first place that all attempts to come up with the "next big thing" that replaces it have failed.

    13. Re:In other news by jo_ham · · Score: 1

      "Daily Mail"

      That tells you all you need to know about the accuracy of that story.

    14. Re:In other news by LunaticTippy · · Score: 1

      Clarinex is a large and increasing source of revenue for Merck. They made $659M in 2010

      --
      Man, you really need that seminar!
  9. Wait, what? by bmo · · Score: 1

    >Some deals require pharmacies to reject prescriptions for low-cost generics

    This is illegal on its face.

    --
    BMO

    1. Re:Wait, what? by geekoid · · Score: 1

      And probably not true.

      Since companies making money creating drugs using cutting edge science that save lives are evil villains now, people can make any stupid out of context statement and people believe it.

      --
      The Kruger Dunning explains most post on /. http://en.wikipedia.org/wiki/Dunning%E2%80%93Kruger_effect
    2. Re:Wait, what? by Tomato42 · · Score: 1

      This is a giant multinational corporation, just because it sells drugs doesn't make it good. Haven't you read Halloween documents? Jobs views on Android? it's all the same, we just don't hear as much about it as most of /. works in IT, not pharma (also pharma was doing it for longer so they're better at it).

    3. Re:Wait, what? by Anonymous Coward · · Score: 1

      My guess is that the news got it wrong, but not by that much. The agreements, if they exist, are probably in place with Pharmacy Benefit Managers (PBMs) such as Express Scripts/Medco/Caremark. Especially their mail order divisions.

      The agreements probably say something along the lines of, "We'll sell you Lipitor at price X, where X < average wholesale price for generic atorvastatin. You agree to fill with Lipitor instead of generics." Assuredly at some point Dr. Reddy's or Teva is going to come in at a price that Pfizer can't match at which point they terminate the agreements.

      Retail pharmacies actually could enter into agreements with the manufacturers to only dispense the brand drug, but without the cooperation of the PBMs the pharmacies would lose a load of money in such a deal. A pharmacist is allowed (I believe), to make a decision to "Dispense As Written". However, eventually the PBMs start smacking them with what's called Maximum Allowable Cost or MAC reimbursements which are based off of generic prices and not brand prices. Go ask your local pharmacist about "getting MACed" and the endless headaches and losses that can inflict. Pharmacies are low margin businesses (15% or so) and getting reimbursed $10 for $60 worth of drugs can have an effect on the bottom line pretty quickly.

    4. Re:Wait, what? by slew · · Score: 1

      >Some deals require pharmacies to reject prescriptions for low-cost generics

      This is illegal on its face.

      --
      BMO

      This is not illegal on on its face. IANAL, but AFAIK, pharmacist in most juristictions are allow to subsitute unless the written prescription doesn't allow for it. So for the typical prescription, there's no reason they can't subsitute the "real" lipitor for an atorvastatin prescription (rather than what they do all the time in reverse, subsitute a generic for a brand-name). If you don't like the substitution, you can go to another pharmacy.

      As I wrote in another post, think about it the other way, why should every pharmacy be forced to stock/dispense every manufacturer's version of all drugs? Pharmacies stock what they think is profitable and enough so that people can usually get what they want. Otherwize people trying to fill prescriptions will go elsewhere (just like any other business). Say you want to buy a sony pc, but walk into a office max and are disappointed they only stock HP pcs because they signed an exculsive agreement for HP pcs? Well, that's the same thing. You can go elsewhere to buy your sony pc (say even maybe on-line), or you can just get the essentially equivalent HP pc from office max. Not only is this not illegal, but most people won't care as they aren't even paying (well, except the insurance co-pay only).

    5. Re:Wait, what? by PCM2 · · Score: 1

      This is not illegal on on its face. IANAL, but AFAIK, pharmacist in most juristictions are allow to subsitute unless the written prescription doesn't allow for it.

      I am neither a lawyer nor a pharmacist, so the law in California is a little unclear to me. What is says is that if a prescription is written for a brand-name drug, the pharmacist has discretion to substitute a generic version of a drug with the same active ingredient in all cases, except if the doctor specifically said not to, or if the substitution would end up costing the patient more. So if the brand-name drug is actually cheaper, no substitution can be made.

      In the case of a drug that is prescribed by its active ingredient name and not the brand name (in other words, the scrip is written for a generic), a pharmacist may substitute "when the change will improve the ability of the patient to comply with the prescribed drug therapy." It doesn't say anything about cost in this case, but one might assume that getting the same drug for cheaper (the generic) would "improve the ability for the patient to comply." Then again, if the pharmacy just doesn't carry the generic, then the only way it can "aid compliance" is by offering the branded drug. I don't know how this particular clause has been interpreted in practice.

      I suspect, though, that the usual cases where a pharmacist might offer to substitute a more expensive drug for a generic would be things like when the generic is made with an inactive ingredient (say a binder or something) to which the patient is allergic, or maybe the generic is a big pill and the brand name is a little capsule and that particular patient would have an easier time swallowing the capsule -- things of this nature. I think the statement in TFA that the deals "require pharmacists to reject prescriptions for generics" is probably inaccurate, or misrepresents how it really works. At the very minimum, ethical standards would require the pharmacy to inform the patient that it will not fill a generic and that the prescription will cost more, giving the patient the option to go to another pharmacist -- and I don't know what pharmacy would be willing to turn away business like that.

      Someone else made the point that encouraging patients to choose brand-name drugs over generics (whether through drug company "coupons" or other means) can eventually drive up insurance premiums. That's probably true, but it seems like a separate issue.

      --
      Breakfast served all day!
    6. Re:Wait, what? by bmo · · Score: 1

      If it says "dispense as written" on the prescription form, it certainly /must not/ be substituted if the MD does not change the prescription over the phone. It goes both ways. If it says such, you cannot substitute generics for name-brand and you cannot substitute name-brand for generic.

      Period.

      There is no ambiguity about this.

      http://www.albop.com/faq.html

      ctrl-f "generic" and ye shall find.

      >why should every pharmacy be forced to stock/dispense every manufacturer's version of all drugs?

      Where else would a patient get drugs other than a pharmacy?

      A pharmacist /must/ make a good faith attempt to fill a valid prescription. The only reasonable grounds to refuse to fill a prescription is if the pharmacist believes it would harm the patient through improper dose or drug interaction or abuse (this sort of stuff is required anyway).

      All except for the 5 or so stupid states where they codified "refusal on moral grounds" because of the Plan B abortion pill. Because religious nutjobs have nothing better to do than to tell other people how to live.

      But refusal to fill a prescription because it says "Generic" on it and "Dispense as written"? No. That, sir, is illegal. That is not attempting to make a good faith effort and it means you are a scumbag.

      --
      BMO

    7. Re:Wait, what? by slew · · Score: 1

      I don't think you get it. Even the link you pointed to only covers the substitute generic for brand, not the reverse.

      For this specific case, there are probably going to be at least 3 versions of generic atorvastatin in addition to the "brand-name" liptor: Ranbaxy (india company, the generic currently available outside the usa), Watson (has exclusive for walgreens and cvs), and Teva (the only lab currently plannin a release with no specific Pfizer agreement). There won't be a doctor around that writes a scrip explicitly for one of the other 3 versions, because the won't have any idea which of the 3 generics that a typical pharmacy will stock*** and it's highly likely that no pharmacy will stock all 3. If they think about generics, they will likely only write the prescription for atorvastatin (the drug name). Lipitor is a valid way to fill that prescription and is not illegal at all. Say if you go to walgreens for "generic" you will get the Watson version, you cannot get the Teva version, or the Ranbaxy version. If you went to a pharmacy that didn't have an agreement with Watson and didn't stock their generics, you will get Liptor (at least for the next 6 months***). That won't be illegal either.

      The stuff you are misinterpreting is to protect the brand drug, so that if a doctor says use that brand and "dispense as written", the pharmacy must comply. It does not protect the reverse, because that situation isn't covered in the law (nobody is lobbying enough for the reverse protection).

      *** slight technicality, due to USA law, only the Watson one will be available immediatly in the USA. Ranbaxy signed an agreement with Pfizer to delay the release of their generic in the USA to settle all legal issues about manufacturing techniques with Pfizer and due to USA legal issues, the first filer (Ranbaxy) gets a 180 day exclusive for the generic FDA approval. Watson licensed the patents from Pfizer so their generic is available right away (with the royalties going to Pfizer).

  10. Protect profits over public health. by Lumpy · · Score: 2

    Damn public! how dare they want affordable drugs for healthcare!!!!

    --
    Do not look at laser with remaining good eye.
    1. Re:Protect profits over public health. by Anonymous Coward · · Score: 0

      Because R&D on new drugs is free, right?

      Sometimes I wonder if the turtleneck brigade has any understanding of economics beyond a whine of "but it is not FAIR"

    2. Re:Protect profits over public health. by Tyrannosaur · · Score: 0

      Thank you! An anonymous coward smarter than the occupiers. I applaud you :)

    3. Re:Protect profits over public health. by Anonymous Coward · · Score: 0

      Isn't it closer to "Damn Pfizer, how dare they use their extensive production facilities to make a drug affordable. They should just let other, less efficient drug makers take the market at a higher price"?

    4. Re:Protect profits over public health. by RightSaidFred99 · · Score: 1

      I'm confused. How exactly is what Pfizer is doing damaging affordable healthcare? They are literally selling their own brand at effectively prices competitive with generics. So the end-user gets cheap drugs either way. This is much dramatic language and false ado about _nothing_.

    5. Re:Protect profits over public health. by Anonymous Coward · · Score: 0

      So R&D on that drug was 90,000,000,000,000 dollars? It's patent is EXPIRING which means they have made 9000% profit on the R&D alone.

      Or are you too stupid to understand that?

      I'm guessing you are the 25% that are simply really really stupid. 3 out of 5 people have an IQ of 100 or less, 2 out of 5 have an IQ 95 or less making them morons. you seem to fit in that category!

      Hi Moron!

    6. Re:Protect profits over public health. by Lumpy · · Score: 1

      They are attempting to BLOCK the patent expiring so it cant be made cheaply. or did you not read the article?

      --
      Do not look at laser with remaining good eye.
  11. Best Selling Drug? by crow_t_robot · · Score: 0

    Generic cocaine now?

    1. Re:Best Selling Drug? by Anonymous Coward · · Score: 0

      I'm surprised it's not the one responsible for the other four-fifths of Pfizer's revenue: Viagra.

  12. Patent vs Copyright by Dan+East · · Score: 5, Interesting

    So, if congress has been able to withstand the lobbying for indefinite patents, given the massive amount of money on the line as indicated by this single drug patent, how come they fold to the likes of Disney when it comes to copyright? Maybe it's the cuteness of the cartoon characters.

    --
    Better known as 318230.
    1. Re:Patent vs Copyright by mysidia · · Score: 4, Interesting

      It's simple.... insurance companies have more lobbyists than pharmaceuticals. And insurance companies like generic drugs, because it lowers their costs, and increases profit of the insurance co..

    2. Re:Patent vs Copyright by wierd_w · · Score: 3, Insightful

      As a rule, politicians are white, elitist, and rich.

      White rich elitists tend to eat overly calorific foods, that cause high cholesterol.

      As such, I would not be surprised if many politicians have scripts for cholesterol, hypertension, and liver disorders.

      Getting between your meal ticket and his life sustaining medications is not good PR.

      Compare to copyright, which is not life threatening or life regulating (at least once you pass a certain income bracket. Ahem) you can clearly spot the reasons why, aside from insider trading and the like, politicians don't get lobbied for quite the same things from the pharmecutical giants the same way they get lobbied for copyright extensions from big media.

      If you throw in the more tinfoil hat type thinking about the control of information and culture that makes the public easier to police and control, I think you have a winner.

    3. Re:Patent vs Copyright by geekoid · · Score: 1

      Because those are two different thing.

      --
      The Kruger Dunning explains most post on /. http://en.wikipedia.org/wiki/Dunning%E2%80%93Kruger_effect
    4. Re:Patent vs Copyright by DigiShaman · · Score: 1

      The group you mentioned already has so much money, they would simply eat the cost if that means getting bribes in return. Even if no bribing occurred, it's only a minor cost relative to their income and pool of wealth. So ya, don't expect the politicians to bitch and moan about the personal costs of well, anything in life really.

      --
      Life is not for the lazy.
    5. Re:Patent vs Copyright by Anonymous Coward · · Score: 0

      Cool racism there brosephina.

    6. Re:Patent vs Copyright by Krishnoid · · Score: 1

      As such, I would not be surprised if many politicians have scripts for cholesterol, hypertension, and liver disorders.

      I think Nixon's head put it best when he described the standard for politician's bodies.

    7. Re:Patent vs Copyright by Nidi62 · · Score: 1

      So, if congress has been able to withstand the lobbying for indefinite patents, given the massive amount of money on the line as indicated by this single drug patent, how come they fold to the likes of Disney when it comes to copyright? Maybe it's the cuteness of the cartoon characters.

      Because Mickey Mouse doesn't save people's lives or cure disease (unless laughter really is the best medicine)? Personally, if I had to chose, I'd prefer indefinite copyright over indefinite patents.

      --
      The only thing necessary for evil to triumph is for it to be pitted against a slightly greater evil
    8. Re:Patent vs Copyright by Trogre · · Score: 1

      Wow, over-generalise much?

      --
      "Nine times out of ten, starting a fire is not the best way to solve the problem." - my wife
    9. Re:Patent vs Copyright by Anonymous Coward · · Score: 2, Insightful

      So, if congress has been able to withstand the lobbying for indefinite patents, given the massive amount of money on the line as indicated by this single drug patent, how come they fold to the likes of Disney when it comes to copyright?

      People seem to think congress caves into moneyed corporations. But that is not an accurate assessment. Congress does whatever gets it elected. Any congressperson who doesn't do what gets him/her elected loses the next election to whomever does do what gets them elected.

      What gets a politician elected? Media coverage gets politicians elected. What do you know about the candidates in any given election? You know what you see on TV, hear on the radio, or read in the news. Campaign donations can buy media coverage (advertisements). Improving (or harming) the local job market also tends to garner media coverage. So politicians do whatever gets them campaign donations and keeps their electorate employed--so they can get positive media coverage.

      Do you know what else generates media coverage? The media! Many elections are so close it takes only a small shift in opinions to change the outcome. A single story can make or break an election. Congress does whatever the media asks of them because the media have the power to swing an election. What key legislative issue is the media most concerned with? Copyrights! This is why the Copyright Term Extension Act passed by voice vote in both houses of congress in a single day with no debate--just days ahead of the 1998 election.

    10. Re:Patent vs Copyright by reub2000 · · Score: 1

      And you are free to create a drug like Zocor. Your point?

  13. Buy Lipitrex! by ackthpt · · Score: 1, Funny

    Save! Save! Save! Operators standing by! Call now! 1-800-DOT-COMM to place your order!

    Ugh. I can just hear the wretched radio adverts already...

    --

    A feeling of having made the same mistake before: Deja Foobar
  14. Blip in history ends by Anonymous Coward · · Score: 0

    Brief, government monopoly blip of control over a standardized extract of an ancient Chinese medicine comes to an end. There. Fixed that for you.

    1. Re:Blip in history ends by the+eric+conspiracy · · Score: 1

      Atorvastatin is not one of the statins found in Red Rice not do Pfizer's patents affect the use or sale of Red Rice in the US.

  15. HUUGE PROFIT MARGIN by the+eric+conspiracy · · Score: 2

    They have a huge profit margin because of the stunning breakthrough they funded when they backed Bruce Roth.

    Roth first synthesized atorvastatin in 1985. For the discovery, he received the 1997 Warner-Lambert Chairman's Distinguished Scientific Achievement Award, the 1999 Inventor of the Year Award from the New York Intellectual Property Law Association, the 2003 American Chemical Society Award for Creative Invention, the 2003 Gustavus John Esselen Award for Chemistry in the Public Service, the 2005 Iowa State University Distinguished Alumni Award, and the 2006 Pfizer Global Research and Development Achievement Award.

    Roth was named a 2008 Hero of Chemistry by the American Chemical Society (ACS).

    1. Re:HUUGE PROFIT MARGIN by C0R1D4N · · Score: 2

      Wait, he won inventor of the year in 1999 for something he invented in 1985?

  16. I don't see the problem.. they are competing. by Anonymous Coward · · Score: 0

    They found a drug that helped people's health, sold it for massive profit while the patent lasted - working as expected.

    Patent expires, they start to compete against the generic makers based on price - working as intended.

    Patients get the drug at a cheaper price. Generic drug makers who expected to make a bunch of profit suffer.. who cares?

    The profit either goes to A or B, as long as the system incentivizes the discovery of more drugs it's working fine.

    1. Re:I don't see the problem.. they are competing. by Anonymous Coward · · Score: 0

      You don't see a problem? I do.

      Cholesterol is actually a vital fat which the body under normal circumstances is really good at regulating. -That is, when not messed up on high-card diets. What people actually need is not lowered cholesterol; what they need is to get off carbs and the health-wrecking insulin see-saw which is the culprit behind many of the diseases cholesterol and other fats are blamed for.

      So, really the drug companies and their competitors are both destructive forces profiting from the sickness they promote.

      That is to say, no piece of this system is working fine. . , unless you happen to like making people stupid, sickly and fat so that they are too far gone to realize they are being conned out of tons of money. In which case, it's a great system, I suppose.

      It's all about perspective, right?

    2. Re:I don't see the problem.. they are competing. by toomanyhandles · · Score: 1

      Your points are great, except they don't account for the fact that people aren't going to eat right. Not these days, where all the marketing says to buy your food from a corporation (hey corporations are people too!) in a box of some sort.

  17. What's amazing is how they extended the patent by jader3rd · · Score: 4, Informative

    Phizer was able to extend the drug by getting new patents on it. Then for these past few months they paid off the generic drug makers to not create generics for the drug. A scheme known as "pay for delay". Heard about it yesterday on Marketplace and was shocked to hear that a generic drug company has to go to court after the patent has expried to official unexpire it. "This is the government policy, set up in the 1980s, to bring us lower drug prices." http://www.marketplace.org/topics/business/lipitor-makes-way-generics

  18. What..? by Caerdwyn · · Score: 1

    If Pfizer is offering Lipitor cheaply, what's the problem? Seriously, unless the goal is to actively punish companies that create drugs and bear the cost of research and the risk of scum-sucking tort lawyers, let Pfizer compete, and if their pricing is competitive, more power (and market share) to them.

    If the goal is to say "once patents expire, the originating company is never again permitted to sell their invention", just say so and try to justify it.

    --
    Everybody gets what the majority deserves.
    1. Re:What..? by the+eric+conspiracy · · Score: 1

      This is just a short term market manipulation which will let Pfizer maintain some of its profit over the next six months. As more generic manufacturers enter the market the price will drop to the point where it won't be worth while for them to continue this strategy.

    2. Re:What..? by toomanyhandles · · Score: 1

      Mod parent up.

    3. Re:What..? by Anonymous Coward · · Score: 0

      No, the goal is "once patents expire, do not allow the company to leverage its government-guaranteed monopoly to prevent other companies from entering the market". It isn't the "make a generic form" part that people don't like. It's the "enter agreements with pharmacies not to offer 3rd party generics" part.

  19. Everybody wins! by safetyinnumbers · · Score: 1

    They should talk to Groupon!

  20. Pfizer spends alot on doctors paying them to write by Joe_Dragon · · Score: 2

    Pfizer spends alot on doctors paying them to write scripts for pfizer drugs.

  21. Best selling drug patent? by Anonymous Coward · · Score: 0

    I didn't know there was even a patent on weed. I'll probably still stick with the name brands, though.

  22. Great, more incentive for doctors to overprescribe by Fished · · Score: 2

    I'm pretty much convinced that Lipitor is a scam, along with the whole "cholesterol" theory. This will just lead to more drug-laden zombies, and more overprescription for perfectly healthy people.

    --
    "He who would learn astronomy, and other recondite arts, let him go elsewhere. " -- John Calvin, commenting on Genesis 1
  23. So does this mean by CheerfulMacFanboy · · Score: 1

    Without patents things would be any better? Ooops.

    --
    Fandroids hate facts.
  24. Actos is next! by Anonymous Coward · · Score: 0

    Actos is the next medicine to be manipulated away. Set to become generic next summer and I predict it will not happen.

  25. Re:Great, more incentive for doctors to overprescr by Anonymous Coward · · Score: 1

    I can't tell if you're serious or being sarcastic.

  26. Isn't Lipitor kin to Skeletor? by reboot246 · · Score: 1

    I thought Lipitor was a character in He-Man and the Masters of the Universe. Wasn't he Skeletor's brother, the one with high cholesterol?

  27. This is not the way capitalism works. by Anonymous Coward · · Score: 3, Insightful

    Pfizer is a for-profit company, and that they want to patent their product and profit from their ingenuity is great. That's how capitalism works: sell a good product that people want to buy, turn a profit, succeed.

    However, drug patents last up to 20 years. Rather than riding heavily on Lipitor profits for that period of time, and releasing alternate versions of the same drug over and over again, wouldn't it have been prudent to turn efforts toward producing and patenting the Next Amazing Drug?

    They knew the day would come that Lipitor's patent would expire. If, in spite of the massive profits they've made from this and other products, they couldn't innovate anything to replace that massive chunk of profits, then they have to bow out gracefully instead of going through ridiculous, unsavory means to ensure revenue.

    Profiting morally from a good profit is capitalism. Tactics like this are not.

    1. Re:This is not the way capitalism works. by russotto · · Score: 1

      However, drug patents last up to 20 years. Rather than riding heavily on Lipitor profits for that period of time, and releasing alternate versions of the same drug over and over again, wouldn't it have been prudent to turn efforts toward producing and patenting the Next Amazing Drug?

      Because medical science is stalled. Whether because of super-evil drug companies, overly conservative regulatory regimes, a lack of funding for research, or some other cause, there really haven't been any major medical advances in a long time. Sure, you get constant stories about the next great thing... but then it never comes to fruition. When the most "Amazing" drug isn't a cure (or even a palliative) for any disease but rather a lifestyle drug which lowers a number on a blood test, you know there's not much going on.

      Show me a drug which cures Alzheimers. Show me a cure for Type 1 diabetes, or celiac, or Parkinsons or Huntingdons. Or arthritis. Show me a new antibiotic that works on pandrug-resistant staph. Show me a cure for any viral infection, or even an effective palliative for the common cold.

    2. Re:This is not the way capitalism works. by Anonymous Coward · · Score: 4, Insightful

      You make an interesting point, and I agree that we don't hear about those huge discoveries very often, but I worry that you have been horribly misled.

      I am a medical student, and I've spent years in basic science research, studying cancer and genetics. While certain aspects of healthcare aren't perfect (distribution of federal research funding, ill-gotten pharmaceutical gains, etc), I honestly believe that medicine has come a long, long way and continues to advance at fantastic pace.

      To address your specific comment:
      - There is no vaccine or cure for "the common cold", and likely, there never will be one, partly because "the common cold" can be caused by any of dozens of different pathogens. And by itself, rhinovirus, the oft-cited culprit, mutates far too quickly to make a cure or vaccine achievable.
      - A cure for Alzheimer's: Alzheimer's is still not understood fully enough to yield curative treatment, but research on the disease, especially on its genetics, has come VERY, VERY far. You would be amazed if you took a look.
      - Parkinson's: Sure, no cure on this either. But again, you would be amazed at the research that's been done. And you would be even more amazed to see what treatments are out there. In med school, we've met patients who have undergone treatment for Parkinson's, and their lives had improved significantly with little inconvenience. One treatment: a little surgically-implanted a little remote-control patch in your brain that supplies dopamine to the right shots, helping patients to regain independence and control their movements again. Absolutely incredible.

      It's like you picked out random things about which medicine's understanding is still fuzzy, and you used them to illustrate that medical research is completely stagnant. I disagree fully. I dare you to go back 20 years and get infected with HIV. Treatment of that devastating infection has made astounding progress in just a couple of decades. Go back a little further, before the smallpox vaccine. Compare current treatments for diabetic retinopathy or macular degeneration with those available maybe 15 years ago. Check out the strides - the LEAPS - that have been made in cancer genetics in just 20 years and how they've improved the speed of diagnosis and treatment of cancer, and have significantly improved prognosis.

      Medical science isn't stalled. Yes there are complicating factors. But to say it has stalled is to ignore the massive efforts and accomplishments of scientists who have significantly improved everyone's health.

    3. Re:This is not the way capitalism works. by Anonymous Coward · · Score: 0

      I suspect they hedged their bets around lobbying for patent extensions rather than R&D for the next amazing break through. That and advertising dollars.

      Isn't the ratio of advertising dollars to R&D dollars heavily slanted to the former? Saw the stats a while back, but don't have them handy.

    4. Re:This is not the way capitalism works. by Anonymous Coward · · Score: 0

      Show me a drug which cures Alzheimers. Show me a cure for Type 1 diabetes, or celiac, or Parkinsons or Huntingdons. Or arthritis. Show me a new antibiotic that works on pandrug-resistant staph.

      Miracles all around and you don't even know it. Shit's crazy.

      Can't give you cures for the specific diseases you've listed, but if you want a big-scary-incurable disease, how about VRTX's Kalydeco, the first drug to actually addresses the root cause of Cystic Fibrosis?

      If you take a look at VRTX's stock chart this year, you'll see it's been quite a wild ride. That's because curing CF is just one of the things they've been fiddling with...

      Show me a cure for any viral infection, or even an effective palliative for the common cold.

      Incivek can't cure the common cold, but Hepatitis C is definitely viral. Incivek is VRTX's cure for HepC, and is effective in about half the time of the previous leading therapy. Incivek was was approved last May, and may be rendered obsolete in less than 2-3 years VRUS's PSI-7977 (still in clinical trials) treatment for HepC, which promises a pill-based cure. Cures as fast as Incivek, but no more interferon injections. The tech was promising enough that VRUS got bought out by GILD for $137 two weeks ago. VRUS's stock was in single digits less than a year ago.

      I see miracles all around me,
      Do due diligence, it's all astoundin',
      VRUS, VRTX, don't mean to be curt,
      Fuckin' biotech, how does it work?
      (And I don't wanna talk to a stock analyst,
      Those motherfuckers lyin', and gettin' me pissed. :)

    5. Re:This is not the way capitalism works. by RightSaidFred99 · · Score: 1

      I don't get it. So selling their product at a lower price to compete with generic competitors (who can also make the drug and sell it as cheaply as they are able) is somehow not capitalism? Please explain this fundamental disconnect between your words and the actual definition of "capitalism".

      Pfizer is working on new drugs, they're just trying to compete on price with their existing drug. Nothing wrong with it.

      I'd be more outraged if they had somehow lobbied Congress to extend their patent somehow. _That_ is broken capitalism. Drug patents should last 7-10 years and no more.

  28. Old News, by arthurpaliden · · Score: 2

    Canada has had generic Lipitor for over a year now.

  29. I'll just add... by msauve · · Score: 3, Informative

    that the quoted David A. Balto is an anti-trust attorney, and from his statements likely working for a generic drug manufacturer(s). He argued for the ATT/T-Mobile merger, so one can tell he's not particular about which side he argues.

    --
    "National Security is the chief cause of national insecurity." - Celine's First Law
  30. Re:Great, more incentive for doctors to overprescr by Anonymous Coward · · Score: 0

    http://chriskresser.com/the-hidden-truth-about-statins for starters. Nobody should be on statins, at best they do no harm, at worst they are an endocrine poison.

  31. f'ing company by Anonymous Coward · · Score: 1

    fuck Pfizer, they never developed much of their own, they bought Warner-Lambert and others to acquire this drug and other drug candidates.

    They followed this up by closing down their most productive R& D sites globally.

    Vast personal profit for the execs, decades of experienced researchers tossed to the wind, and their "if we screened X million candidates with this robotic platform and got N useful hits, if we screen X^5 million via robotic screen we'll get N^5 final candidates and reap the rewards" strategy didn't work worth a darn. Big surprise.

    That's what happens when suits (some hired from companies with a GREAT track record for drug development- like.... McDonalds) take over a scientific company.

    A few more rounds of boosting stock price via layoffs and this will be a little has-been of a company.

    Nice work there guys. Way to destroy a company. You could have done the same thing by just buying a pizza chain or something and selling off assets for personal gain, and not cost the real human race useful medications.

  32. If you take a *satin drug... by El_Oscuro · · Score: 2

    All of these cholesterol drugs including Lipitor work by mucking about with your liver. I am type 1 diabetic and my doctor prescribed a low dose of Zocor (a similar cholesterol drug). After about a year I started experiencing weird join pain and nerve problems. My first concern was ALS - I knew someone who died of it. I saw doctors, including a neurologist, had lots of tests done . Nothing. It wasn't until a year later that I read an article in the LA times about Zocor being withdrawn from the market at a higher dose because of the same symptom that I realized what was causing them. None of my doctors told me anything.

    My cholesterol isn't really that high. My doctors prescribed it because of the diabetes. I stopped taking it and the pain improved dramatically. At one point it was so bad I could barely lift the top off of a coffee can.

    The other side is the garbage that we call food. Most of it is loaded with trans-fatty oils and added sugars. Forget all of the claims on the front of the box - get a microscope and read the ingredient list on the back. If there are hydrogenated oils or lots of added sugar (any form of corn syrup, anything with *ose, "designer" sugars such as honey, molasses, evaporated cane juice, etc. Try to find foods that have fewer ingredients that can pronounce you actually might have in your kitchen. They are available and often don't cost much more. Some of the more reliable brands are Kashi, Amy's, Trader Joe's, Edy's, Martins, etc.

    If you take any of these drugs, look them up on youtube (don't bother with webmd or anything similar as they are useless). The results might scare you.

    --
    "Be grateful for what you have. You may never know when you may lose it."
    1. Re:If you take a *satin drug... by toomanyhandles · · Score: 4, Insightful

      Don't buy your food in a box. Cook it yourself.

    2. Re:If you take a *satin drug... by Just+Some+Guy · · Score: 1

      If you take any of these drugs, look them up on youtube (don't bother with webmd or anything similar as they are useless). The results might scare you.

      I'm friends with a cardiologist. He told me about attending a lecture at a meeting of cardiologists. One of them was presenting research on the risk/reward of lowering LDLs, with the unambiguous result that lower LDL = better health, and that statins were a safe way to lower LDL. During the following question-and-answer, someone asked how many cardiologists in the audience were taking statins themselves even if they had acceptably low levels of LDLs, and most raised their hand.

      I'm not a doctor and I'm not taking statins because I don't need them, but apparently a huge number of doctors who don't need them are taking them anyway because they've read the reports and think statins are a safe route to better health. I'm a little squeamish about the idea, but the idea of a subject matter expert betting his life on his own advice is pretty compelling evidence to me.

      No, I don't have a single reference to any of that. I suppose it's possible that my friend made the whole thing up to entertain us over dinner, but don't think so.

      --
      Dewey, what part of this looks like authorities should be involved?
  33. Best selling drug?? by Anonymous Coward · · Score: 0

    Slashdot's idea of the best selling drug and my idea of the best selling drug are completely different!

  34. what a waste this company is. by toomanyhandles · · Score: 2
    fuck Pfizer, they never developed much of their own, they bought Warner-Lambert and others to acquire this drug and other drug candidates.

    They followed this up by closing down their most productive R& D sites globally.

    Vast personal profit for the execs, decades of experienced researchers tossed to the wind, and their "if we screened X million candidates with this robotic platform and got N useful hits, if we screen X^5 million via robotic screen we'll get N^5 final candidates and reap the rewards" strategy didn't work worth a darn. Big surprise.

    That's what happens when suits (some hired from companies with a GREAT track record for drug development- like.... McDonalds) take over a scientific company.

    A few more rounds of boosting stock price via layoffs and this will be a little has-been of a company.

    Nice work there guys. Way to destroy a company. You could have done the same thing by just buying a pizza chain or something and selling off assets for personal gain, and not cost the real human race useful medications.

    1. Re:what a waste this company is. by Anonymous Coward · · Score: 0

      Here, here, spoken like a true Pfizerite who got pfucked like it did from this pathetic company. Clown Shoes will rot in Hell along with the Vacuum Princess, Rod M., and Tim Wit.

  35. Pfizer did not discover Lipitor... by Anonymous Coward · · Score: 5, Informative

    Pfizer did not discover or invent Lipitor. Lipitor was discovered and invented by Warner Lambert/Parke-Davis in Ann Arbor, Michigan, in an industrial setting, not academic. Warner Lambert/Parke-Davis partnered with Pfizer to develop and market the drug and share the profits. From the profits of Lipitor alone, Pfizer was able to buy and takeover Warner Lambert/Parke-Davis, where it closed the Ann Arbor site a few years later in 2007 (http://www.youtube.com/watch?v=02krhNFfEq4). Of the 2200 scientists at the Ann Arbor site, approximately 600 remained with the company, of which approximately 300 relocated to Groton, CT, Pfizer's legacy discovery research site. The other 300 scientists relocated to sites in St. Louis, MO (winding down and eventually closing), La Jolla, CA, and Sandwich, England (now in the process of closing - over 2000 jobs lost). In these relocations, Pfizer was very generous and bought families homes for the original price and paid to relocate employees and their families across the world. Pharmaceutical site closures are very expensive and impact families and disrupt local economies significantly; purchasing employees homes is an incentive to retain talent. Pfizer assisted employees buy new homes by paying for real estate agents and paying closing costs on homes. In 2009, Pfizer bought Wyeth Laboratories and laid-off tens-of-thousands of scientists, many of them from Ann Arbor, MI, its most successful discovery research site ever based on the site talent, technology, and number of marketed drugs from that site, Groton, CT, and many from Wyeth various sites in the U.S. Several years ago, Pfizer was able to reduce the cost of manufacture of Lipitor more than 200-fold using a series of natural wildtype and industrially modified enzymes.

    Pfizer's former CEO Jeffrey B. Kindler and former CEO of McDonalds, became so unpopular with the rank-and-file that he earned two nick-names, first "McBurger," and finally and more commonly known as "CLOWN SHOES" (http://www.youtube.com/watch?v=clgRId8x0ZM). Employees would and still post about dissatisfaction with the company's direction and leadership on BioFind.com (http://biofind.com/rumor).

    1. Re:Pfizer did not discover Lipitor... by toomanyhandles · · Score: 4, Informative

      You neglect to mention that now in 2010/ 2011 Pfizer is closing down the sites to which they so "graciously" relocated a small percentage of their researchers (300 of 2200 is a crummy percentage, and that from just ONE site that closed at that time). Small investment in 2008 for a bump in stock price in 2011 for laying off more staff: more stock profit for the suits.

  36. Patient Expires on Best Selling Drug by pentalive · · Score: 1

    Well was the patient old? Did they have some other problem or sickness? Just taking some pill, no matter how popular, will not prevent one from getting old! What other details about about this patient are we not being told..

    what? oh? Not patient, Patent

    never mind.

  37. Example of a publicly developed vaccine by dbIII · · Score: 4, Interesting

    There's a vaccine to prevent a virus that causes cervical cancer. Unless you are living in a cave you would have heard of it. The development and even the US FDA trials were paid for by the Australian taxpayer, yet in the USA it sells for far more than anywhere else becuase that is what the market will bear. The US drug company that licenced it is not paying any more per dose than anyone else either, that extra money is pure profit. That's just one very blatant example of many.
    I suggest you pay more attention before writing "bears only the most tenuous connection to the truth" then following that with something that is incorrect.

    1. Re:Example of a publicly developed vaccine by demonlapin · · Score: 1

      Universities don't discover drugs. They discover mechanisms. Drug companies make drugs that work on those mechanisms. I suppose, if the Aussie taxpayers really did finance all of Gardasil, they ought to be intelligent enough to extract some pretty damned good fees for the US patent rights. If they can charge much more, but don't pay more, then what kind of chumps are running AU? Sure as hell not the CSIRO guys who went after Buffalo.

    2. Re:Example of a publicly developed vaccine by rdnetto · · Score: 3, Insightful

      Universities don't discover drugs. They discover mechanisms. Drug companies make drugs that work on those mechanisms. I suppose, if the Aussie taxpayers really did finance all of Gardasil, they ought to be intelligent enough to extract some pretty damned good fees for the US patent rights. If they can charge much more, but don't pay more, then what kind of chumps are running AU? Sure as hell not the CSIRO guys who went after Buffalo.

      Probably the kind that care more about saving lives and recouping their costs than n figure profits.

      --
      Most human behaviour can be explained in terms of identity.
    3. Re:Example of a publicly developed vaccine by deglr6328 · · Score: 4, Informative

      I don't have the slightest clue as to why you're modded at +5, but I do know that you have literally no clue as to what in the hell you're talking about. I assume you're referring to the anti HPV vaccine Cevarix rather than Gardasil because you mention "the Australian taxpayer" and some of the technology used in Cevarix was discovered at Uni. Queensland. You conveniently neglect to mention that the Queensland researchers were collaborating with others at Georgetown, the Uni. of Rochester and the US National Cancer Institute, among others. The technology behind the discoveries made at these places was licensed to GlaxoSmithKline, a British company. The idea that the Australian taxpayer footed the bill for the FDA trials in the US is, frankly, idiotic. The trials were conducted by Glaxo, obviously. Additionally, there is no "US drug company that licenced [sic] it", it's being sold by Glaxo here just as it is everywhere else.

      I know it's a crying shame that none of this fits into your wacky worldview where all corporations represent the nexus of evil and steal all their product ideas from "the people", but I guess you'll just have to find some way to get over it. I suggest you take some of your own advice about "paying more attention before writing" before your next post.

      --
      - "Hear that?! The percolations are imminent! Cease your ingress!"
    4. Re:Example of a publicly developed vaccine by dbIII · · Score: 1

      All of what I've written above has come from reports in the press including compliants about Australian taxpayers financing the FDA trials, which was explained as being beneficial for everyone since it was new and without many trials up to that date.

    5. Re:Example of a publicly developed vaccine by deglr6328 · · Score: 1

      Well, as long as you make sure not to provide any citations for any of that.

      --
      - "Hear that?! The percolations are imminent! Cease your ingress!"
    6. Re:Example of a publicly developed vaccine by dbIII · · Score: 1

      I've provided just as many as those posts above including your own and probably for the same reasons. I didn't read about it on the internet five fucking minutes ago.
      The post I replied to had the line "Drugs come from... drug companies, not from universities, because drug companies have the billions of dollars to put a compound through clinical trials and the expertise to make the drugs usable" so I put up a counter example that I'm sure many posters had already heard of. Why should I go scrambling around looking for references just to question a rather stupid overgeneralisation with nothing much to support it?

    7. Re:Example of a publicly developed vaccine by Anonymous Coward · · Score: 0

      Cave Johnson from Aperture Laboratories here. We've been experimenting with a lot of things and made a number of products that can really change the world. We could never have done it without the countless volunteers who have given themselves to science. We charge what we can because we must. Its just the way of the world.

    8. Re:Example of a publicly developed vaccine by demonlapin · · Score: 1

      Spare me the rhetoric. There is no shame in trying to earn money. Do you donate every penny you make above the poverty line to those who are below it?

    9. Re:Example of a publicly developed vaccine by TheTurtlesMoves · · Score: 1

      In fact sometimes we do work on drug discovery. Not sure why you think we don't?

      --
      The Grey Goo disaster happened 3 billion years ago. This rock is covered in self replicating machines!
    10. Re:Example of a publicly developed vaccine by BasilBrush · · Score: 1

      Spare me the rhetoric. There is no shame in trying to earn money.

      That rather depends on how you earn it.

      Some ways are noble. Some ways are shameful. Some ways are criminal. And every shade of the spectrum between those.

      And the idea that giving money to charity is a way of making it OK to have earned that money in a shameful way is pathetic. Pathetic but common amongst the morally vacuous rich.

      There are certainly plenty of moral dilemmas in the pricing of drugs. Research spending has to be recouped, and profits have to be made. Yet maximising profits, by high prices on monopoly drugs, resulting in preventable deaths, is evil.

    11. Re:Example of a publicly developed vaccine by BasilBrush · · Score: 1

      Don't be an asshole. You didn't provide any citations for your alternative version of events either.

    12. Re:Example of a publicly developed vaccine by dargaud · · Score: 1

      On a similar discussion some time ago somebody mentioned a drug that could bring back appetite in terminal cancer victims. And that the drug went from 1$ to 1000$ a pop _after_ being granted its patent !!! I'd like to find the source again.

      --
      Non-Linux Penguins ?
    13. Re:Example of a publicly developed vaccine by Anonymous Coward · · Score: 0

      Neither one of you provided any citations. I'm too lazy to look, but to me you both sound like you're full of hot air.

    14. Re:Example of a publicly developed vaccine by demonlapin · · Score: 1

      Which drugs have you seen universities develop and hand - ready for clinical trials - to a drug company? I'm genuinely curious.

    15. Re:Example of a publicly developed vaccine by demonlapin · · Score: 1

      profits have to be made. Yet maximising profits, by high prices on monopoly drugs, resulting in preventable deaths, is evil

      The difference between good and evil is what you decide is "enough" profit for them?

    16. Re:Example of a publicly developed vaccine by deglr6328 · · Score: 1

      Maybe because it's so trivially easy to find the sources for everything I said they're all in the damn wikipedia page for Cevarix and included in just about every news article published on the thing in the past 5 years.

      --
      - "Hear that?! The percolations are imminent! Cease your ingress!"
    17. Re:Example of a publicly developed vaccine by BasilBrush · · Score: 1

      You saying that that I'm the arbiter, isn't actually a valid argument. It's easy to see this by substituting a different evil:

      "The difference between good and evil is what you decide is murder?

      Hopefully you can see that that question isn't actually an argument that murder isn't evil.

    18. Re:Example of a publicly developed vaccine by demonlapin · · Score: 1

      Except that you think that making profits is acceptable, just that maximizing them is evil. What's the dividing line?

    19. Re:Example of a publicly developed vaccine by BasilBrush · · Score: 1

      If that's so then it would have been dead easy for you to provide a citation rather than criticise him for not supplying one when you didn't either.

    20. Re:Example of a publicly developed vaccine by BasilBrush · · Score: 1

      I think killing people is acceptable too, in certain circumstances. There are always dividing lines.

      I'm afraid the "where is the dividing line?" argument is as fallacious as the "who's the arbiter?" argument. It's a variant of the slippery slope fallacy.

      In order to actually make a real argument, you have come up with a reason why it's OK to let people die in order to make more profits. Because that is undeniably what happens.

    21. Re:Example of a publicly developed vaccine by demonlapin · · Score: 1

      Unless you donate every penny you make above the poverty line to someone who would otherwise die, you're just as guilty as they are. I think my duties to other human beings are limited - I don't think that the fact that people starve, or die of cholera, or have repressive governments, means that we shouldn't have movies, music, or Disney World.

      You have this odd focus on murder, as though the gradations of killing another person and making more money are equivalent. The drug companies do offer life-extending compounds, but unless you already lead a rich-country lifestyle they're astonishingly unlikely to do much for you.

    22. Re:Example of a publicly developed vaccine by BasilBrush · · Score: 1

      Unless you donate every penny you make above the poverty line to someone who would otherwise die, you're just as guilty as they are.

      What a world of extremes you do live in. A binary world where everything is all equally one thing or all equally another thing. A world where a child stealing candy is as guilty as an armed robber.

      It's also a tu quoque fallacious argument. What I do bears no relation to the question of whether it's evil to let people die in order to maximise profits. The rights and wrongs of the drug companies don't rely on what BasilBrush gets up to. But it's even worse than that because you have no idea what I do anyway.

      I think my duties to other human beings are limited - I don't think that the fact that people starve, or die of cholera, or have repressive governments, means that we shouldn't have movies, music, or Disney World.

      I don't either. And that has nothing to do with the point I made.

      You have this odd focus on murder, as though the gradations of killing another person and making more money are equivalent. The drug companies do offer life-extending compounds, but unless you already lead a rich-country lifestyle they're astonishingly unlikely to do much for you.

      Waiving patent rights on the various anti-AIDS drugs for people in Africa would make a huge difference. It would save the lives of countless people. It would still allow the drugs companies to make their profits in the developed countries of the world. They don't do it because they can make a little more profit selling to the few in Africa who can afford it. That's evil. And nothing you've said is a valid argument to say it isn't. And nothing you can say is a valid argument that it isn't.

    23. Re:Example of a publicly developed vaccine by TheTurtlesMoves · · Score: 1

      We have to sign NDAs too you know. Sorry. But a lot of medical work is done by universities. Especially here in Europe.

      --
      The Grey Goo disaster happened 3 billion years ago. This rock is covered in self replicating machines!
    24. Re:Example of a publicly developed vaccine by demonlapin · · Score: 1

      I'm talking about one that's actually out, not in the works. I did think of one - warfarin was developed as a rat poison.

    25. Re:Example of a publicly developed vaccine by demonlapin · · Score: 1

      And nothing you can say is a valid argument that it isn't.

      I believe this is the point at which any further discussion is pointless. Have a nice weekend.

  38. Comment removed by account_deleted · · Score: 1, Informative

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  39. Comment removed by account_deleted · · Score: 3, Insightful

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  40. Comment removed by account_deleted · · Score: 4, Funny

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  41. A Different View by syntap · · Score: 1

    With all the outrage over huge profits from a drug like Lipitor, no one brings up the fact that these companies spend millions on drug research the pans out to squat because the product doesn't make it through FDA trials.

    I get the whole idea of "they made billions on that drug, look at them try to farm it for more money." I find that view less than even-handed. A company develops a product that extends useful lifespan, I'm glad for it and they should be amply rewarded for doing so. Could drugs be cheaper? Probably, but I'm not going to offer a position on a given company's profits on a single drug when I DON'T have full knowledge of the amounts of money spent on endeavors that went sorely negative. Every time you read a story about a drug that didn't make it through whatever phase of FDA drug trials and you can bet that's millions of dollars down the tubes. And yeah, the ones that work have to produce revenue to pay for that particular drug's development and turn a profit, AS WELL AS make up for the ones that didn't work out that millions got flushed on.

    The system has warts but it is what it is, if large profits aren't there as a potential reward we aren't going to get advanced drugs and treatments to prevent, remedy and cure human ills because a company has to put up major bank to develop those things. Mod me down but that is business reality.

  42. Liars and Idiots by ChrisMaple · · Score: 2

    Best selling drug of all time? Never heard of aspirin?

    --
    Contribute to civilization: ari.aynrand.org/donate
    1. Re:Liars and Idiots by Anonymous Coward · · Score: 0

      Well, I personally have spent less on aspirin in my entire life up until now than I would filling a single 30 day scrip for 40mg lipitor...one site I googled just now said $160 for that. On the other hand, I can get a 1000ct asprin for what...$10?

  43. Re:Great, more incentive for doctors to overprescr by PCM2 · · Score: 3, Interesting

    No, part of me wonders the same thing. There has been research published recently that suggests that the link between serum cholesterol and cardiovascular disease may not be as direct as once thought. If the thing that we're measuring does not have a direct correlation to future disease, then the drug we're taking to lower the measurement might not have any real benefit. Statins like Lipitor have probably improved the health of a lot of people, but they may still be overprescribed.

    I mean, TFA itself says Lipitor is "the best-selling drug of all time." Really? Would that many people really have died of heart attacks had they not been prescribed this drug?

    People talk about how "modern diet, modern society is killing us" -- again, really? You should have seen how my grandfather ate. He'd trim the thick ribbons of fat from the ends of his pork chops so he could eat them last, then he'd eat the fat off everybody else's plate. He lived to a reasonable age, long before statins were ever invented. Sure, that's anecdotal, but where are the statistics? Was heart disease caused by high cholesterol really that much more common among my grandfather's generation? Or my father's? So much more common that it proves that almost everybody ought to be on Lipitor? My gut tells me no. Some studies from England (where my grandfather lived) suggest rates of heart disease did increase through the postwar years, but then started to decline in the 1970s -- again, before statins were even available. One does have to wonder.

    --
    Breakfast served all day!
  44. Comment removed by account_deleted · · Score: 3, Informative

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  45. Comment removed by account_deleted · · Score: 1

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  46. Mod this up, it's relevant, and important! by Anonymous Coward · · Score: 0

    www.lipitorforyou.com

  47. Pro tip by Jay+L · · Score: 2

    When your argument spurs hundreds of Slashdotters to defend both patents and big pharma... you lose.

  48. Of all time? by rossdee · · Score: 4, Insightful

    Surely Alcohol is the best selling drug of all time

    1. Re:Of all time? by dkf · · Score: 1

      Surely Alcohol is the best selling drug of all time

      But it's a generic.

      --
      "Little does he know, but there is no 'I' in 'Idiot'!"
  49. Lipitor? by camperdave · · Score: 1

    Lipitor is the best selling drug of all time? Have they not heard of caffeine? Pfiezer may have sold 14.3 billion dollars of Lipitor, but coffee sales alone are worth 18 billion dollars. Add to that colas, energy drinks, chocolate bars, and you're talking some pretty serious coin.

    --
    When our name is on the back of your car, we're behind you all the way!
  50. Who cares so long as the price goes down? by msobkow · · Score: 1

    'nuff said.

    --
    I do not fail; I succeed at finding out what does not work.
  51. Pharmacy Technician by Anonymous Coward · · Score: 0

    I'm a pharmacy technician for a major retail pharmacy chain. I see a lot of people talking about drug research and development on here, and billions upon billions of dollars being spent. Here's what I was required to learn in order to obtain my certification as a pharmacy technician:

    Drug companies routinely spend about 11 years and 400,000,000.00 to develop a drug, at this point, it goes to market. The patent is obtained when the chemical compound is first discovered. This means that before they can market the drug, they have to go through all the animal and clinical testing and prove that it does what it's supposed to. The time remaining on the patent when they get the drug to market is how long they have to try and get back all of the money they spent on research and development, as well as make a profit.

    After this point, other companies can apply to make the same drug (SAME drug, within about a 98% guarantee) under a different patent. This is what Pfizer is trying to stop from happening.

    What I'm wondering is why this isn't seen as discouraging competition, if not making it downright impossible. Pfizer is a huge company. I'm sure you'll still want your 20.00/pill Viagra, if you require it, and if Pfizer goes under, You're screwed! (Pardon the pun...unless you take Levitra or Cialis or any of the other boner-inducing tablets.)

  52. Some articles on Pfizer by Anonymous Coward · · Score: 0

    http://pipeline.corante.com/archives/2011/08/03/a_former_pfizer_executive_finally_trashes_pfizers_strategy.php
    About an article written by a former R&D head at Pfizer:

    ". . .In this article, it is argued that although mergers and acquisitions in the pharmaceutical industry might have had a reasonable short-term business rationale, their impact on the R&D of the organizations involved has been devastating"

    http://features.blogs.fortune.cnn.com/2011/07/28/pfizer-jeff-kindler-shakeup/

    Did CEO Jeff Kindler get pushed out because he was shaking up the dysfunctional pharmaceutical giant -- or because he's an ineffective leader?

    http://pipeline.corante.com/archives/2011/05/26/pfizers_brave_new_medchem_world.php
    Pfizer outsourcing most chemistry benchwork to China:

    Most compounds, and most actual chemistry bench work, is apparently going to be done at WuXi (or perhaps other contract houses?)

  53. Not Generic YET by nbetcher · · Score: 4, Informative

    Lipitor has had an ANDA filed for a generic version by Watson, yes. However, the law allows Pfizer to grant a 180 day exclusivity contract to a manufacturer of their choice (in this case Watson) for the ANDA. To those affected by this drug going generic: IT HAS NOT GONE TRULY GENERIC YET! Wait until the 180 day exclusivity contract expires (in 179 days) and the true "invisible hand" will take effect in the market.

    In the meantime, you're most likely going to need to get the BRAND NAME Lipitor for it to be covered to the fullest extent by your pharmacy benefit manager ("insurance company")! These PBMs get rebates (NOT kickbacks) to lower the cost of the brand-name drug, so it's financially advantageous to the member to not cover the generic yet. Here's why:

    Lipitor (brand) 90ct bottle = $550 retail, minus $330 in rebates = $220 total cost of drug.
    atorvastatin by Watson (generic) 90ct bottle = $530 retail, minus $0 in rebates (Watson doesn't offer any) = $550 total cost of drug.
    (These amounts are fictional, however they represent true real-world scenarios.)

    Disclaimer: I work for one of the US' largest Pharmacy Benefit Managers in the Clinical Review department. We had a meeting today regarding all of our Medicare Part-D patients and how they're affected by this specific drug going generic. No suits were involved and the members are receiving the best possible drug savings until the exclusivity contract expires. Once it expires the new generics will be placed on the tier-1 ("generic") copay structure.

  54. Does this mean by kid_wonder · · Score: 1

    the human trials are over and it is considered safe for us to use now?

    --

    "Oh, you hate your job? There's a support group for that, it's called everyone, they meet at the bar."
  55. There's a patent on alcohol ? by mbone · · Score: 2

    RE: "Patent Expires On Best Selling Drug of All Time"

    There's a patent on alcohol ? Who knew ?

  56. Nuts, fish oil statins by Prune · · Score: 1

    For example, there was a study back in August in the American Medical Association journal that foods such as nuts are more effective at lowering LDL cholesterol than statins like Lipitor, and I've seen similar citations than fish oil. So why not eat nuts instead of spending more money on pharmaceuticals? Or is chewing too much work for the lazy couch potatoes?

    --
    "Politicians and diapers must be changed often, and for the same reason."
  57. Generics by shipbrick · · Score: 1

    Just FYI about generics and lipitor (atorvastatin). Lipitor falls in a class of molecules called statins, all of which inhibit the exact same enzyme (HMGCoA reductase, the rate limiting step in cholesterol biosynthesis). Although they all are somewhat distinct due to being different molecules: they may have different absorption, excretion, off target effects (side effects), efficiency at inhibiting the desired enzyme, etc. But the point is, there already exist generic statins...

    Statins can inhibit many other cellular processes besides cholesterol synthesis such as coenzyme Q10 synthesis (involved in ATP energy production, pretty important, so it's no wonder there are side-effects). Hopefully the loss of patent will cause drug companies to find new drugs with less side effects (like the dual inhibitors discussed in basic research here http://www.ncbi.nlm.nih.gov/pubmed/21903868, though that the molecules discussed don't seem realistic, but the approach is reasonable).

  58. Here's a replacement drug by Fujisawa+Sensei · · Score: 1
    Here's your fucking replacement drug.

    And in the long run, especially in moderation, its probably a lot safer than the shit Pfizer's selling. Just don't drink and drive.

    --
    If someone is passing you on the right, you are an asshole for driving in the wrong lane.
  59. If it keeps their prices low, what's the problem? by Anonymous+Freak · · Score: 1

    If they lower their prices to match/beat the generics, then I'd say the system is working. Now if only those patents expired faster.....

    --
    Another non-functioning site was "uncertainty.microsoft.com."
    The purpose of that site was not known.
  60. my doc switched me to lipitor by Nyder · · Score: 1

    My doctor switched me to Lipitor so i could get the generic version for cheaper.

    Currently, i have to pay $3.00 for name brand meds, and $1 for generic, but that is like tripling in feb 2012. Damn Medicare, or whatever it is. (no, i don't really pay attention.)

    I was taking Crestor before.

    --
    Be seeing you...
  61. Another big drug patent will be expiring soon. by Anonymous Coward · · Score: 0

    OxyContin (hillbilly heroin), a time release Oxycodone formulation has been the subject of an on-going legal battle over the patents related to it, the few remaining ones are set to expire in 2012 iirc.

    We're going to see an explosion of generics hit the market soon, and I'm abuse will be at an all time high.... I know this is a wonderful drug for people in chronic pain, but I've also seen it destroy so many lives over the years (I'm from the area where abuse of this drug was first reported). I've seen it destroy so many families, I fear the day the generics start to hit the market.

    I honestly find it amazing how much things have changed in the last 20 years. I can't believe they're allowed to put those "ask your doctor about drug "x"!" commercials on TV. I remember, 20 years ago, you'd never see these "pill pushers" dress in suits coming in to the doctors office. Now a days I see at least 4 or 5 every time I have to go see old saw bones, and he's really quick to hand me free samples of something or write me prescriptions to things like the Valium or some type of pain medication as a "quick fix". I know what you're saying; Go see another doctor...I've been through 10 in a year and I see the same thing at every single one of them.

    Look, if we're going to have a war on drugs we shouldn't be allowing big pharma to advertise directly to us via the TV, that's all I'm saying. If I need to be on some type of medication, I shouldn't have to ask my doctor about it, he should use his training and experience and prescribe something for me and follow up on it. Above all other things, he should tell me the risks of taking the prescription instead of writing it and sending me on my way.

    "$20 co-pay on your way out please, NEXT!"

    Anyway...sorry for the rant, I just felt it was worth mentioning.

  62. Best selling drug of all time? by Anonymous Coward · · Score: 0

    I'm fairly sure that would be alcohol.

  63. Retool for the tradeoff... by Anonymous Coward · · Score: 0

    We see in both copyright and patents the opportunity to offer a tradeoff for the granted rights. Let the companies like pharmaceuticals and music firms select between a tight grip with short life, or a loose grip with long life.

    That is, you can have exclusivity for five years, or you can have forced-licensing for 20. The latter means the market is open, and the licenses are dictated by some combination of demand/benefit and cost.

    The decision is made at time of publishing/patent granted, and cannot be changed to more restrictive, though can be changed to less restrictive.

  64. Because you're going to die of it? by Anonymous Coward · · Score: 0

    Or your child is going to die of it, and you're a rich man.

    Bingo.

    NOTE: compression techniques should not be patented either, since without compression, the music industry would still have either magnetic tape or laserdisk as the only options for storing and selling movies. Compression means they can store much more data on much smaller media and reduce the cost of storage and dispersal of inventory, even to the extent of removing physical media altogether.

    This reduces the cost of business, therefore there's no need for a patent monopoly on it.

  65. Clear anti-trust case by Pecisk · · Score: 1

    This just cries for anti-trust case. Why, because patents are artificial monopoly on something. When patent expires, your monopoly also expires. Any action which aims artificiality restrict choice in your monopolised market is unlawful, period.

    --
    user@ubuntubox:~$ stfu This server is going down for shutdown NOW!
  66. Nationalization by benjfowler · · Score: 1

    There no doubting that despite the excellent work pharmaceutical companies do, that they're really not viable (and increasingly less so with time) as private going concerns - ESPECIALLY if they have to resort to such shady and dishonest tactics to maintain their margins. Private big pharma is a classic case of market failure -- where they'd rather invest in anti-cholesterol drugs and dick pill for rich, fat, ageing Boomers, than creating medicines to save lives in Third World countries -- simply because it's more profitable.

    I say tell the shareholders -- and their political backers on the Nazi punk Right to go and fuck themselves -- and nationalize all pharmaceutical companies and medical equipment makers in the national interest.

    I'm sure that nobody except right-wing profiteers and class warriors would shed even a single tear for them.

  67. Dont need patents then... by Bert64 · · Score: 1

    Since Pfizer is able to make so much profit on an unpatented drugs, seems patents are not needed after all.

    --
    http://spamdecoy.net - free throwaway anonymous email - avoid spam!
  68. Re:Nuts, fish oil statins by Bert64 · · Score: 1

    Some people are allergic to nuts, a choice between high cholesterol or death....

    --
    http://spamdecoy.net - free throwaway anonymous email - avoid spam!
  69. Re:Great, more incentive for doctors to overprescr by fnj · · Score: 1

    You're questioning the right things. Statins are a money making hoax. Oh, they accomplish what they set out to do, but the effect is beside the point. The body makes its own cholesterol. If it didn't, we would all die. You can't have a working brain and nervous system without cholesterol. Arteriosclerosis is caused by inflammation of arteries, not too much cholesterol.

    Eskimos traditionally gorged on fat and ate practically no fruit and vegetables. And heart attacks were almost unknown. Japanese eat a lot of fat and are well known for living to a very old age. My grandfather loved red meat and heaps of fat, and gravy on everything. English style cooking. One of his favorite things to eat was gravy sopped up with pieces of bread. He also liked to make a super simple meal out of bread and milk. He lived actively to over 80 before modern medicine, and his heart was fine. We used to watch him go outside in shirtsleeves in a Vermont winter and shovel snow at over age 70, and he would run in the lawn with the kids in the summer. He had a lot in his favor, though. He was an MD (a real GP who went to homes to see patients) and later taught physiology at University. He used to run about on his daily travels when *NOBODY* ran - for his health and because he just had a zest for life.

  70. Fitting by ThatsNotPudding · · Score: 1

    Steamboat Willie has been on Lipitor for years.

  71. Who cares! by liamjosh · · Score: 1

    The basic jist is that Pfzier is lowering their prices to compete with generics. Lower prices for all, guess who wins, the consumer. I think most commenters above are missing the forest for the trees.

  72. If Pfizer... by Chris+Mattern · · Score: 2

    ...beats the generics by selling at a generics price, I don't really see what the problem is.

  73. require pharmacies to reject prescriptions? by nurb432 · · Score: 1

    Ok, so go against the wishes of a Doctor? I would say that constitutes fraud and the Feds need to get involved.

    Doctor's orders concerning the health and well being of a patient should overrule any vendor's wishes.

    --
    ---- Booth was a patriot ----
  74. Insurance? by Anonymous Coward · · Score: 0

    Some deals require pharmacies to reject prescriptions for low-cost generics and substitute a discounted name-brand Lipitor while other deals block generic makers from mail-order services that account for an estimated 40 percent of all Lipitor prescriptions.

    And just how is this going to work? My insurance (Blue Cross/Blue Shield) REQUIRES generic drugs, when available.

  75. False special case by Anonymous Coward · · Score: 0

    healthcare is different. it is. if you don't understand that, you are a barbarian.

    Barbarians are different. They are. If you don't understand that, you are a 1%-er.

  76. Pfizer could package the product as both... by Anonymous Coward · · Score: 0

    ...the trademarked name brand Lipitor with the usual color and shape pills, and also as a generic drug, perhaps with a different color or shape to the pills. It's not like they don't own pill press machinery capable of doing that.

  77. Lexapro by Anonymous Coward · · Score: 0

    Lexapro is an example of this. It was explained to me that only one of the isomers provides benefit while both cause side effects. This is possibly why some SSRIs make me extremely ill while the effects are tolerable on others. My insurance company keeps trying to get me to switch to another drug to save them money.

  78. It's not that simple by chihowa · · Score: 1

    It is LITERALLY the same exact medication without a trade name

    Ideally, yes. But that's not the case in reality. Different generics will use different fillers and different dyes, some of which cause an allergic reaction. The rules for drug content are also quite flexible. Per wikipedia:

    The FDA requires the bioequivalence of the generic product to be between 80% and 125% of that of the innovator product.

    This can mean different salts of the drug or, in the case of drugs with multiple active ingredients, quite different mixtures (usually with the about of the cheap ingredient boosted and the amount of the expensive ingredient cut). This can have a huge impact on side effects and overall efficacy (sometimes for better, sometimes for worse).

    --
    If you want a vision of the future, imagine a youtube comments section scrolling - forever.
  79. Re:Cancer Treatment in Canada by Phrogman · · Score: 2

    I am Canadian, and I love our health care service. My mother died of cancer. Sadly they were not able to save her, but she received top end treatments in the attempt to save her (Chemotherapy etc). Total cost to her estate: $50 for the ambulance that took her to the hospital just before the end. Despite what many critics of our health care system often say, there was no waiting list, she had no delays in receiving her treatments etc.
    Recently, my wife had to go in for eye surgery to straighten her eyes. It wasn't critical surgery, and she did have delays before it took place, but those may have been a natural part of diagnosing the problem. Cost to us: nothing. It was all covered.
    These two instances were both covered by the standard health care that everyone receives in Canada. Despite what all the critics say, the system works up here.

    I saw someone make a good bullet point about the difference between health care in somewhere like Canada or Britain and the US: Up here we have a health care system. Down in the US you have a healthcare industry :P

    --
    "The first time I got drunk, I got married. The second time I bought a chimpanzee, after that I stayed sober" Arian Seid
  80. Oh, how horrible! Terrible! Wait, what? by Kamiza+Ikioi · · Score: 1

    "Pfizer is employing unprecedented tactics to hold onto as many Lipitor prescriptions as it can with an aggressive marketing plan and forging deals with insurers, pharmacy benefit managers and patients to meet or beat the price of its generic replacements because even at the lower price, Pfizer has a huge profit margin because of the relatively low cost of materials for Lipitor."

    Oh, the humanity! They're going to make a life saving drug cheaper than even generics! How dare they! And they even plan to keep making a profit while doing it!

    My ass. you grant a monopoly to someone. That someone gets big on that monopoly.

    Well, yeah? You think they spend billions making drugs so that a company who spent nothing can start churning it out a week later? Of course it's a monopoly! That's the point. But it's a temporary one.

    This story isn't an example of why patents are bad. This just shows what happens under ANY patent system, and that its a good thing. We can argue the length of patents or what can be patented, but the idea of a patent itself is pretty much common sense. If you truly invent something, you get the right to own it for a certain period of time. You can charge what you want, sell it how you want, license it if you want, or do nothing with it at all if you so choose.

    This simply shows that once that time runs out, you only have the advantage of the business you previously created around that patent. Prices are naturally going to fall because you now have competition. There is a reward for being the inventor, and there is a reward for letting the patent expire. That's a great setup, if you ask me. Sure, that means cutting edge drugs are expensive. But so are cutting edge phones, computers, cars, houses, etc. That's the way life works on this planet. If you do away with the systems that make the cutting edge expensive, you do away with the cutting edge almost all together. Then, you are going back to the days where inventors and artists needed rich, private benefactors who mostly wanted to keep that work private.

    This story is not the evil of the system, that's how it's supposed to work.

    On the other hand, you can do away with the patent system out of some commune living ideal and you'll watch Pfizer immediately close its R&D doors along with everyone else. Oh, they won't go out of business, they'll just keep making all the existing unpatented drugs, finding ways to make them cheaper. And you will have turned the entire pharmaceutical industry into the equivalent of McDonald's versus Burger King, where it's only about cheap additives, supply chains and brand marketing.

    Why the hell would we want to do that? I'm a social liberal, but I'm a realist first. There is a reason Russia wasn't an invention powerhouse under Communism. It's the same reason China's Great Leap Forward was the largest genocide in the history of mankind.

    --
    I8-D
  81. Re:Great, more incentive for doctors to overprescr by RightSaidFred99 · · Score: 1

    I love reading health kookery on the Internet.

    The Eskimo myth. Are you serious? First of all they do have plenty of cardiovascular disease. Google "eskimo heart disease myth".

    Second of all, it's all about the type of fat. Fish fat is (possibly) healthy. Saturated fat - not healthy.

    Statistically, a high ratio of LDL to HDL cholesterol will increase your chances of heart disease. You can partake in Internet quackery and deny this all you like, but wouldn't your time be better spent analyzing a frame by frame picture of the 9/11 crashes and coming up with crackpot theories there, instead?

  82. Re:Nuts, fish oil statins by Anonymous Coward · · Score: 0

    And how many of those allergic to nuts are allergic to fish oil as well?

  83. Eat Tasty Food & Save Money by assertation · · Score: 1

    Caridac Surgeons Dr. Dean Ornish and Dr. Caldwell Esselsytn --- the researchers who made the diet President Clinton used to lose 20+ pounds, have proven, clinically, that their diets reverse hardening of the arteries. Both Researchers have books for sale on Amazon.

    I bet the cost of either book and simply eating differently is a lot cheaper than even a generic Lipitor.

  84. Re:Great, more incentive for doctors to overprescr by fnj · · Score: 2

    Yeah, keep bleating "4 legs good, 2 legs bad." You can swallow the bullshit if you want, but the system is coming around to a better understanding of arteriosclerosis, aka atherosclerosis. For example, see Inflammation and atherosclerosis, Inflammation in atherosclerosis, and a lot of other research. Your "high LDL, low HDL" blood content has a correlation with arteriosclerosis, but which is the cause and which the response? Eh?

    Pay special attention to findings like:

    ... certain treatments that reduce coronary risk also limit inflammation. In the case of lipid lowering with statins, this anti-inflammatory effect does not appear to correlate with reduction in low-density lipoprotein levels.

    You are also seeing conventional medicine slowly (much too slowly) come around to an understanding what a wonderful food the egg is, how the phobia about butter and the fad for margarine have not been a good thing, and other truths you would probably label as quackery.

    Deposits of cholesterol are the body's response to arterial pathology, not the cause of it.

  85. Agree that statin drugs are stupid by nido · · Score: 1

    Science has known for 40+ years than hypothyroidism causes elevated cholesterol levels (cholesterol is converted into pregnenolone, then to progesterone, then to the stress & sex hormones, but this conversion process does not work well if a person is hypothyroid), but there's more money in a patented pill than in properly treating thyroid problems. T4-only treatments with synthroid are not appropriate, because many bodies do not adequately convert storage T4 to the active T3. Because the medical profession does not adequately treat hypothyroidism, they assume that someone who's on synthroid is adequately treated, and make a lot of money treating the symptoms of hypothyroidism. Ahh, that doesn't make perfect sense but I'm pressed for time and can't craft the wording better right now, sorry.

    diietary starches are more hazardous than sugars. Fruit is good, but the sugar in fudge (butter, cocoa, sugar) is better than cake (sugar, oil, flour).

    Saturated fats are 1000x safer than polyunsaturated fats, especially fish oil.

    Polyunsaturated fats help take out insulin-producing cells in the pancreas, somehow...

    If anyone knows which experiment proved that unsaturated fats are actually "essential", please let me know, because I'm quite curious.

    --
    Learn the rules so you know how to break them properly.
    www.teslabox.com
  86. Pot, Kettle, black. by zooblethorpe · · Score: 1

    profits have to be made. Yet maximising profits, by high prices on monopoly drugs, resulting in preventable deaths, is evil

    The difference between good and evil is what you decide is "enough" profit for them?

    Isn't that essentially the same argument you're making?

    --
    "What in the name of Fats Waller is that?"
    "A four-foot prune."
    1. Re:Pot, Kettle, black. by demonlapin · · Score: 1

      Sorry, I don't follow you. I don't think making money is evil. He thinks that making money is OK but if you make too much it's evil.

  87. Re:Great, more incentive for doctors to overprescr by Anonymous Coward · · Score: 0

    The traditional Inuit diet has changed significantly over the last few decades so that it today includes very high levels of carbohydrate intake.

    Thus current studies showing cardiovascular disease profiles in Eskimo populations can be construed as supporting the idea that grain-based, high sugar diets are problematic. This is especially so when put in contrast beside older studies which showed low incidence of cardiovascular disease before the arrival of the Western diet.

  88. Criminal activities condoned and encouraged by ToddInSF · · Score: 1
    How any doctor can prescribe statins with a clear conscious eludes me.

    Perhaps the mountain of industry generated, mostly fraudulent and deceptive "research" papers was compelling enough alone. Or perhaps the kickbacks for prescribing them helped influence them into simply drugging patients, as opposed to making more appropriate recommendations. That would require having enough time with a patient to actually learn something about them, and we all know HMO's will have none of that.

    A more cynical person would conjecture that the "side effects" and "adverse effects" generated billions in profits alone, and who cares if people with insurance have strokes, they were covered, and received treatment, right ?

    As medical costs continue their upward climb, and Americans accept docilely, their new group hallucination that passes for reality, who is going to be around to question the peer-review process that permitted these drugs to be widely dispensed to an unsuspecting and naive population ? Certainly not the army of clinicians that profit from their malpractice.

    Science as the new religion is moving along swiftly, never have so many people understood so little and had so much faith in the things that keep them ill, ignorant, sick, and helpless feeling.

    All least we can all feel "connected" to one-another in our Brave New World.

  89. cancel the corporate cricket tournament by Anonymous Coward · · Score: 0

    pfuck.pfizer.