Yesterday I heard the news that two climbers had become the first to successfully free-climb a sheer 3,000 ft rockface in Yosemite National Park – for some reason this leapt to the forefront of my mind when I heard of Pfizer’s latest move at protecting what few patents remain for its pain med, Lyrica (pregabalin).
Bear with me…
After weeks of phenomenal effort, Kevin Jorgeson and Tommy Caldwell scaled a vertical, half-mile section of granite known as the Dawn Wall. During much of the climb, they were hanging on to ledges no wider than a matchstick using only their fingertips. They had to rest for days on end just to let the shredded skin grow back enough for them to continue.
I know the analogy between this climb and Pfizer’s patent battle doesn’t stand up to much scrutiny – but the drug maker certainly does face an uphill struggle.
Normally, drug developers are forced to bite the bullet when their drugs come off patent and generics hit the shelves. However, in this case, Pfizer has pointed out that its patent for the use of Lyrica to treat neuropathic pain still stands – until 2017.
The company has written to UK doctors warning them that they would be breaking the law if they prescribed generic versions of Lyrica for pain. Patents for treating epilepsy and generalized anxiety disorder expired last July.
The letter is intended to "inform" doctors "so that [they] can take necessary action to prevent patent infringement by [their] organization." The letter ends with the warning that Pfizer retains “all of its legal rights” in the event of patent infringement.
Pfizer has a very strong incentive to protect Lyrica sales – with 2013 revenues of $4.6 billion. Two generics makers have already challenged the patent covering pain, with a trial expected in June. However, Pfizer did win a US court ruling last year protecting Lyrica from generics until 2019.
Kevin Jorgeson and Tommy Caldwell’s struggle was over on Thursday when they reached the top of the Dawn Wall – Pfizer’s is likely to last somewhat longer.
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