21 Mar Bayh-Dole Coalition Statement on NIH Rejection of Xtandi March-in Petition
WASHINGTON, D.C. (March 21, 2023) — Today, in response to the NIH’s just-announced decision to reject activists’ requests for the federal government to misuse “march-in” rights under the Bayh-Dole Act against the successfully developed prostate cancer drug Xtandi, Executive Director of the Bayh-Dole Coalition Joseph P. Allen released the following statement:
“The NIH’s decision upholds both the letter and the spirit of the Bayh-Dole Act. Every previous administration, whether Democratic or Republican, has recognized that the law’s march-in provision cannot, and should not, be misused as a price control mechanism for successfully commercialized products. This is the fourth time that march-in petitions have been filed seeking to impose price controls for Xtandi. And this is the fourth time those attempts have been rejected as not sanctioned under the Bayh-Dole Act. Hopefully, this puts the nail in the coffin of this canard. NIH deserves a lot of credit for standing up to incredible political pressure to misuse the law. Granting this petition would have upended the research, development, and commercialization system that supports millions of U.S. jobs and makes America the world’s most innovative nation. This is a good day for our country.”