Arguing that Gilead is "abusing" its patent on Sovaldi, known
generically as sofosbuvir, MdM said its challenge marked the first
time in Europe a medical charity has used this method to try and
improve patients' access to medicines.
"While using sofosbuvir to treat hepatitis C represents a major
therapeutic advance, the molecule itself, which is the result of
work by many public and private researchers, is not sufficiently
innovative to warrant a patent," MdM said in a statement.
"As Gilead is abusing its patent to impose prices which are
unsustainable for healthcare systems, (MdM) has decided to contest
it."
A Gilead spokeswoman said the firm had no comment at this time.
According to World Health Organization data, as many as 150 million
people worldwide live with chronic hepatitis C infection, most of
them in low and middle-income countries. In the European Union,
between 7.3 and 8.8 million people are believed to be infected with
hepatitis C.
Sovaldi is a so-called nucleotide analog inhibitor which blocks a
protein needed by the hepatitis C virus to replicate.
Gilead has previously argued Sovaldi's high price is justified by
its near guarantee of a cure, far fewer side effects and its ability
to help patients avoid expensive hospital treatment, including
potential liver transplants.
But the sheer cost of the drug - which sold $5.8 billion in its
first six months, making it the most successful new drug launch ever
- has fueled controversy.
MdM said the cost of the medicine in Britain, some 33,000 pounds
($50,160) for a 12-week treatment, was an "exorbitant price" which
hinders many people's access to the drug.
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It said that if successful, its legal challenge could allow
competition from generic versions of the drug which it said could be
produced for as little as 66 pounds.
Jean-François Corty, MdM's French programs director said the charity
was defending universal access to healthcare.
"The struggle against health inequality involves safeguarding a
healthcare system based on solidarity," he said in a statement.
"Even in a 'rich' country such as France, with an annual drugs
budget of 27 billion euros, it's hard to meet this cost and already
we're seeing an arbitrary rationing approach that excludes patients
from care."
(Editing by Tom Brown)
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