The generic version of the breast cancer drug Taxol (paclitaxel) could be pulled off the market if a recent federal court ruling stands. A Nov. 6 federal appeals court ruled that the Food and Drug Administration erred when it allowed generic drug maker Ivax to bring paclitaxel to market over one year ago.
In a statement, Ivax noted that it does not believe the court's ruling will prevent the company from continuing to market Onxol, its brand equivalent to Taxol. Taxol is one of the most widely used treatments for breast and ovarian cancer, generating sales of more than $1 billion per year for Bristol-Myers Squibb.
The FDA as of late last month had not reacted to the court's decision, and generic manufacturer Ivax immediately announced plans to appeal. Under federal law, the FDA cannot approve generic drugs if there are valid patent claims. In the Taxol case, a third company involved with the making of Taxol, American Bioscience Inc., indicated that its patent claim still stands.
The federal court, according to Ivax, did not consider the validity of American Bioscience's patent and concluded that it "does not know what recourse is left to the FDA or other government agencies to take any steps that would affect the marketing of generic versions of Taxol."
Ivax "does not believe the circuit court's decision will prevent the company from continuing to market Onxol, its brand equivalent of paclitaxel."
"The underlying patent claim asserted by ABI is frivolous," Neil Flanzraich, vice chairman and president of Ivax said. "The essence of ABI's patent is the claim that they invented the idea of putting Taxol in a bottle. If it were not for the thousands of cancer suffers who have been compelled to pay exorbitant prices for this life-preserving product, developed by the federal government at taxpayer expense, ABI's argument would be absurd."
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