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stories filed under: "health care"
Politics

Politics

by Mike Masnick


Filed Under:
congress, health care, lobbyists

Companies:
genentech, roche



The Lobbyists' Ability To Control The Message

from the we-say-what-they-want dept

It certainly won't come as much of a surprise to readers around here that lobbyists from Roche/Genentech were able to get 42 different members of Congress to include text they had written into the Congressional Record. For way too long, we've seen how much politicians seem to rely on lobbyists to write the legislation, create the talking points and (at times) even deferring questions to the lobbyists themselves. Is it any wonder that lobbyists have become the new celebrities?

But what is rather stunning about the NY Times story on how Genentech's talking points were mentioned (with multiple Congressional reps using the exact same language) is how unconcerned everyone is about it. The lobbyists wrote up talking points for both sides of the aisle. It wasn't about being in support or against the current healthcare bill, but just to get these Congressional Reps "on the record" in supporting key concepts, so that those same lobbyists can go back and point to such "bipartisan" support in the future, even if the Congressional reps themselves don't even know what they're talking about.

The NY Times talked to a bunch of Congressional offices about this, and they all seem to admit freely that the language came from Genentech lobbyists, and they incorporated it directly (sometimes with a few minor changes) into the remarks that get put into the Congressional record. This isn't the fault of Genentech or its lobbyists -- who, of course, are going to push for such things. The really damning part is that all of these Congressional reps don't seem to think there's any problem at all with simply taking text directly from a company and putting it into their own remarks as if they agree on the concept, when they don't even seem to understand what they're saying half of the time. Often these sorts of Congressional remarks are later used to show "Congress' intent" in doing certain things. But, perhaps they should just start being upfront and honest about the fact that these remarks are "the industry's intent" and simply signing them with the companies that actually wrote the language (or at least tagging the remarks with the name of the company/industry group that wrote it).

29 Comments | Leave a Comment..

 
Legal Issues

Legal Issues

by Mike Masnick


Filed Under:
catheters, health care, patent thicket, patents, stents

Companies:
acacia, boston scientific, johnson & johnson, medtronic



Patent Battles Make It That Much More Difficult To Keep People Healthy

from the what-a-shame dept

The problem with the view that patents should be given out for every little improvement (most of which would have come about naturally thanks to market demand) is that you end up with "patent thickets" where a ton of different companies all claim patents on some small part of a larger offering. This isn't just an argument about "ownership" or "rights" in some cases. It can also have direct impact on keeping people alive.

For example, just witness the patent battle going on in the medical device market concerning Boston Scientific, Johnson & Johnson, Medtronic and... famed patent hoarder Acacia. Boston Scientific, Johnson & Johnson and Medtronic have all been suing each other concerning various patents used in stent and catheter technology. Acacia has now jumped into the fray by acquiring patents from Datascope and setting up yet another shell company called Cardio Access.

In all of these cases, everyone is claiming ownership over some piece of the technology used in stents and catheters, basically suggesting that others can't use that part of the technology without paying them. The end result is that we're all put at greater risk. Either stents and catheters won't be able to be as useful as they should be because they can't use the best possible technology -- or if they do use that technology, they get priced much higher to pay for all of these licenses from everyone else. And, of course, with all of these patent lawsuits (and rewards -- since Boston Scientific has already had to pay out the two largest patent fines this year, totaling $750 million), money that could have been spent on making a better product is instead going into lawsuits.

34 Comments | Leave a Comment..

 
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