In our prior August 12, 2010 blog posting, we noted the Fabrazyme march-in rights controversy where the NIH was petitioned to "march-in" to more openly allow licensing of patent rights for Fabrazyme. The NIH ultimately rejected this petition in December, 2010, but requested monthly updates on the situation and an alert when certain licenses were requested. The nine page NIH decision, signed by Francis Collins, is available online.
Only time will tell the impact of this ongoing monitoring. The drugs have been promised for the first half of 2011. Perhaps the story is not yet finished, we will continue to monitor the updates.