Sunday, November 3, 2013

Two of Patent Infringement cases filed by Pegasus Laboratories (Weatherford Compounding and Diamondback) ongoing in federal court--case against Wedgewood Dismissed

1Pegasus Laboratories, Inc. (pla)ksdce2:2013-cv-0233383007/10/2013
2Pegasus Laboratories, Inc. (pla)ksdce2:2013-cv-0233483007/10/2013
3Pegasus Laboratories, Inc. (pla)mowdce4:2013-cv-0063083006/24/201310/22/2013

1 comment:

Kenneth Woliner, MD said...

I'm not a lawyer with access to those pages. Do you know what drugs, compounded formulas, or other technology that Diamondback was attempting to enforce a patent on?

I have a feeling, due to the precedent set by allowing Colchicine, a drug that has been around for over 2000 years, to become "patented", giving the drug company the ability to raise prices from pennies per day to dollars per day - has emboldened other companies (KV making Makena, etc) the new PCCA owned pharmaceutical company, and this one - to try doing the same thing.

There is a science fiction series of books called "1632" (first written by Eric Flint, now, many authors for the sequels, short stories, etc). In it. An entire small town in West Virginia gets transported back in time, to 1632 Germany, in the middle of the thirty years war. It is a fun read, but like with a lot of sci-fi, it lends itself well to talk about current social issues. For this example, in 1632, who has the patent on a sewing machine (which wasn't invented yet, but the old encyclopedias have enough information to recreate one? If you started making sewing machines based on an "old design", but were the first to do so in this "new reality", do you get patent protection to exclude competition?

Compound Pharma that takes old ideas, and patents them hoping to extort the competition is little more than the guy in Australia a few years back or "patented the wheel", even though it has Ben used for over 5,000 years. Governments that allow these privateers (a good name, pirates who are officially sanctioned) to game the system do the public no good service. Hence it was totally appropriate for the FDA to NOT help out kV when they raised the price of 17-OH-Progesterone (Makena) 1500% overnight.

Kenneth Woliner, MD
www.holisticfamilymed.com