Last week, Charles Ludlam of Sen. Joseph Lieberman's staff claimed that industry played no role in writing Bioshield II, which was introduced in the Senate last month. Under the bill, any new drug developed to fight a potential bioterror pathogen earns its developer an extension on any expiring patent.
If pharmaceutical and biotechnology companies played no role in writing the bill, how does one explain the specificity found in this provision, which was buried deep within the bowels of the bill:
"Not later than 180 days after the date of enactment of this Act,
the Director of the Centers for Disease Control and Prevention,
in consultation with the Assistant Secretary for Medical Readiness
and Response of the Department of Homeland Security and the Director
of the National Institute for Allergy and Infectious Disease of the National
Institutes of Health, shall submit a report to Congress that describes
alternatives to traditional vaccines and anti-viral therapeutics for viral
diseases, including negative immunomodulation compounds that partially
suppress a macrophage-dependent innate immune response of an
individual to viral pathogens, in order to decrease morbidity and mortality
from an excessive immune response."
Here's one possible explanation. One week after Lieberman, along with Orrin Hatch (R-UT) and Sam Brownback (R-KS) introduced the bill, GenoMed Inc. of St. Louis, a struggling start-up biotech firm, issued a press release applauding the measure.
"This language exactly describes GenoMed's patent-pending method to gently suppress the innate immune response in order to treat most viral diseases in the general population," Dr. Moskowitz, GenoMed's CEO and Chief Medical Officer, gushed. "If it's passed, the 'wild-card' patent feature of BioShield II could create a very interesting business opportunity for GenoMed. We may be in the position of having a number of 'wild-card' patents, perhaps one for each of the listed diseases in the bill which we could treat. A drug company interested in extending the patent life of any of its own blockbuster drugs might think about acquiring GenoMed just for the 'wild-card' patents we might own."
Posted by gooznews at May 16, 2005 02:56 PM