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State attorneys general want to lower Gilead's high remdesivir prices with federal patent law

Tim O'Donnell

The antiviral drug remdesivir's effectiveness at combating the coronavirus has been one of the biggest breakthroughs since the pandemic began. The catch is that the Gilead treatment is expensive and in short supply. So, a bipartisan group of state attorneys general are looking to the federal government to step in and change that.

In a letter to the heads of the Department of Health and Human Services, the National Institutes of Health, and the Food and Drug Administration, 31 attorneys general asked the agencies to exercise march-in rights granted to them by the 1980 Bayh-Dole Act to increase the supply of the drug and lower the price so it becomes more accessible to Americans.

The bill allows federal agencies to retain patent rights for drugs developed from federal funds, which Gilead received to boost remdesivir during the pandemic, if the manufacturer fails to achieve a reasonable price or "alleviate health or safety needs" of consumers. In this case, the letter argues, "it is clear that Gilead" has not done either of those things. Read the full letter here and more on the issue at USA Today.

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