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Biotech Drug Copies Could Be Held Up 13 Years Under Senate Plan

By Catherine Larkin

July 8 (Bloomberg) -- Biotechnology drugs made by Amgen Inc. and Biogen Idec Inc. couldn’t be copied and sold for lower prices for 13 1/2 years after they’re marketed, or twice the time urged by President Barack Obama, under a Senate proposal.

Americans spend more than $60 billion a year on biologic drugs to treat cancer, rheumatoid arthritis and other illnesses, at a cost of as much as $200,000 per patient, Ernst & Young estimates. Generic copies of these treatments are needed to help cut costs in the overhaul of the nation’s $2.5 trillion health- care system, according to Obama.

The Senate proposal by Massachusetts Democrat Edward Kennedy is a placeholder that may be changed or discarded after amendments are filed today by other senators, said a senior Democratic aide to the Senate health committee who asked not to be identified. Insurers, patient groups and generic-drug makers have lobbied Congress for more than two years to let the Food and Drug Administration approve so-called biosimilars.

“At a time when policy makers are looking to lower health costs so more Americans can afford care, Senator Kennedy and others want to go in the opposite direction by keeping monopoly pricing,” said Katie Huffard, executive director of the Coalition for a Competitive Pharmaceutical Market, a Washington- based organization of employers, insurers and consumer groups that have lobbied for generic drugs, in an e-mail today.

30 Percent Less

Biosimilars might be sold 10 percent to 30 percent below the price of the original drugs, allowing for “substantial consumer savings,” the Federal Trade Commission said in a June 10 report. Makers of the brand-name therapies would retain as much as 90 percent of their market share, as they cut prices to stay competitive, the agency said.

Biologics are made from natural sources such as sugars, proteins or tissues, unlike conventional pills manufactured by chemical synthesis. Copies of conventional pills are allowed after five to seven years under a 1984 U.S. law.

Amgen, of Thousand Oaks, California, is the largest U.S. biotechnology company, with products such as Epogen for anemia and Neupogen to boost white blood cells after chemotherapy. Both drugs have been on the market about 20 years without generic competition in the U.S.

Demand for new products and the promise of higher profit margins have led conventional drugmakers to move into biotechnology. Swiss drugmaker Roche Holding AG bought partner Genentech Inc., maker of the cancer drug Avastin, in March for $46.8 billion.

Exclusivity Terms

Brand-name biologic drugs would get at least nine years of exclusivity aside from patent protection, plus as much as four years for new uses and six months for pediatric studies under Kennedy’s plan. Drugmakers led by Amgen have sought 12 to 14 years of sales before biosimilars enter the market.

White House officials proposed seven years in a June 24 letter to Representative Henry Waxman, calling it a “generous compromise” with industry.

“Lengthy periods of exclusivity will harm patients by diminishing innovation and unnecessarily delaying access to affordable drugs,” Nancy-Ann DeParle, director of the Office of Health Reform, and Peter Orszag, director of the Office of Management and Budget, wrote in the letter.

To contact the reporter on this story: Catherine Larkin in Washington at clarkin4@bloomberg.net.

Last Updated: July 8, 2009 11:58 EDT

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