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Friday, December 14, 2018

Texas judge strikes down Obama-era Affordable Care Act as unconstitutional


The Affordable Care Act is unconstitutional without its insurance-coverage penalty, a Texas federal judge ruled Friday, thrusting the embattled health law’s future and coverage for millions of Americans into question.
U.S. District Judge Reed O’Connor ruled that the main provisions of the Affordable Care Act should be struck down after Republicans repealed its insurance-coverage penalty. The Texas federal judge’s decision could endanger coverage of tens of millions of Americans.
O’Connor sided with the claims of 20 Republican states, which brought a lawsuit asserting the law is unconstitutional without a penalty for not having coverage. Republicans repealed the requirement last year, although it doesn’t go into effect until 2019. The Supreme Court has upheld the ACA as constitutional based on congressional taxing power.
The 16 Democratic attorneys general who have intervened in the case are expected to seek a stay pending appeal to the Fifth Circuit Court of Appeals. The case could wind up in the Supreme Court.
“Today’s ruling is an assault on 133 million Americans with pre-existing conditions, on the 20 million Americans who rely on the ACA’s consumer protections for health care, on America’s faithful progress toward affordable health care for all Americans,” said California Attorney General Xavier Becerra, who intervened with other Democrats in the case.
In a move that stunned many congressional Republicans, the Justice Department also asked the court to invalidate key planks of the ACA. Those provisions include consumer protections such as the prohibition barring insurers from denying coverage to people with pre-existing conditions.

In a move that stunned many congressional Republicans, the Justice Department also asked the court to invalidate key planks of the ACA. Those provisions include consumer protections such as the prohibition barring insurers from denying coverage to people with pre-existing conditions.

Hatch’s Swan Song: A Bill to Block Generic Companies’ IPR Filings


Retiring Sen. Orrin Hatch (R-UT) and two Republican colleagues in the House and Senate proposed a bill earlier this week to prevent generic drug applicants from taking advantage of the inter partes review (IPR) created under the America Invents Act.
The bill, known as the Hatch-Waxman Integrity Act of 2018, would require a generic manufacturer wishing to challenge a brand-name drug patent to choose between the Hatch-Waxman legal framework and the IPR.
Generic drugmakers have embraced the IPR and successfully challenged patents about 50% of the time, according to a recent study published in Applied Health Economics and Health Policy.
First author Jonathan Darrow told Focus: “Generic firms can use IPR as a strategy device: Many IPRs are filed after generic firms have already been sued in court. The IPR filing can create a ‘second front’ that puts additional pressure on the brand name drug company to come to the settlement table,” he said. “The legal standards in the patent office are also more challenger-favorable compared to the standards applied by a court.”
The authors of the bill, meanwhile, called the IPR “cheaper and faster than Hatch-Waxman litigation but does not provide the advantages of a streamlined generic approval process.” The bill would apply similarly to patents on biologics and impact biosimilars.
“Even though Congress did not intend to upset its drug/biologic-specific Hatch-Waxman and BPCIA [Biologics Price Competition and Innovation Act] procedures with the enactment of the IPR and PGR [post-grant review] processes, generic drug and biosimiliars manufacturers have increasingly used the IPR process to circumvent the Hatch-Waxman Act and BPCIA patent challenge processes while nonetheless taking advantage of their abbreviated processes for drug entry,” a summary of the bill says. “Moreover, hedge funds with no interest in manufacturing or marketing drugs have filed IPR challenges against drug patents with the goal of profiting from stock market declines triggered by the IPR filings—a type of market manipulation.”
One section of the bill is intended to address this practice by hedge funds and similar entities.

AstraZeneca wants a do-over on MYSTIC combo data


AstraZeneca CEO Pascal Soriot’s decision to bet big on a checkpoint R&D strategy that relied heavily on its in-house combo of PD-L1 and CTLA-4 is starting to look like a blockbuster loser. And this week’s pushback on a subset of the data related to high tumor mutation burden will likely do very little to change the odds here.

Researchers for the pharma giant $AZN turned up at the European Society for Medical Oncology Immuno-Oncology 2018 Congress in Geneva this week with more stunningly poor data for the combination of Imfinzi and tremelimumab, which was outperformed by Imfinzi alone — though the monotherapy also failed to stand out in advanced cases of non-small cell lung cancer.
We already knew that the hazard ratio for the combination was a poor 0.85, but Imfinzi’s 24-month overall survival rate was 38.3% compared to an embarrassing 35.4% for the PD-L1 plus CTLA-4 approach.
From AstraZeneca:
Among patients receiving Imfinzi, 40.4% of patients experienced a grade 3 or 4 adverse event (AE) vs. 47.7% with the Imfinzi plus tremelimumab combination and 46.0% with chemotherapy. 5.4% of patients discontinued Imfinzi due to treatment-related AEs vs. 13.2% with the combination and 9.4% on chemotherapy.

The company’s research team, though, was hoping to pull a victory out of the mouth of defeat by pointing to a much better performance among patients identified with a high tumor mutation burden — putting them on the exact same path that Bristol-Myers Squibb has tried to employ with Opdivo plus Yervoy. In that group there was a 36% drop in risk of death, with a hazard ration of 0.64.
That would have to be confirmed in a new study, though, before regulators would consider it for approval — which may in turn spur another follow-up to Bristol-Myers with a changeup in an ongoing trial to bring that closer to reality.
Bristol-Myers’ own approach to carving out market share among TMB patients, though, has failed to impress analysts as more data came out. Credit Suisse in particular noted a similarity in survival benefit for the low and high TMB groups in Bristol-Myers’ data set, which bodes ill for their market prospects.
And all of this is playing out as Merck continues to rack up big gains using a combination of Keytruda and chemo in lung cancer, which increasingly gains strength as the right combo to turn to initially to improve performance.
CTLA-4 already has a bad reputation for toxicity and marginal OS improvements that’s made it a target for others looking to do better. Eventually, Yervoy is likely to go down in history as the checkpoint that revealed where these therapies could go. It was a massively important starting point in a story that has many chapters to come.
Meanwhile, the tidal wave of checkpoints and combo trials is coming up on the horizon, with plenty of opportunities for someone else to make their mark as AstraZeneca continues to focus on MYSTIC and tremelimumab.
But that game may already be over, especially after another readout for the AstraZeneca combo just days ago underscored its failure in head and neck cancer.
Earlier this week, Chloé Thépaut, senior oncology analyst for GlobalData, put it like this:
Unless data in further indications, such as that expected from the KESTREL trial, can demonstrate superiority of Imfinzi + tremelimumab over the standard-of-care, or show impressive efficacy or promising safety versus competing combinations, it is unlikely that AstraZeneca will have a differentiation point sufficient for the combination to be taken up onto the market.
It may not be time yet to prepare the eulogy on this one, but it’s already on death watch.

Bausch Health risk from J&J talc issues should be considered, says Wells Fargo


Wells Fargo analyst David Maris noted that Bausch Health (BHC) acquired Johnson & Johnson’s (JNJ) Shower to Shower body powder in 2012 and has subsequently been named as a defendant in more than 160 lawsuits. Bausch Health stated in a recent filing that “While Johnson & Johnson continues to indemnify the Company, the Company has initiated proceedings in arbitration against Johnson & Johnson relating to the scope and amount of such indemnification,” Maris noted. He contends that if Bausch is going to arbitration with J&J to clarify the extent of indemnification, it should be considered a risk investors consider that the companies come to different conclusions as to this indemnification. Maris maintains an Underperform rating on Bausch Health shares.

J&J (JNJ) Shares Are Likely Oversold, Says Cowen


Cowen analyst Joshua Jennings, commenting on the impact of talc allegations and Johnson & Johnson (NYSE: JNJ).

FDA Approves Teva-Celltrion Herceptin Biosimilar Herzuma


A biosimilar of Roche Holding blockbuster breast-cancer drug Herceptin has been approved for sale in the U.S., health regulators said Friday.
The medicine, Herzuma, is manufactured by South Korea’s Celltrion and would be sold in the U.S. by Teva Pharmaceuticals Inc. (TEVA, TEVA.TV).
The Food and Drug Administration has pushed for the development of biosimilars, which are lower-cost copies of complex and often expensive biotech drugs, as part of efforts to lower drug prices.
Roche’s Herceptin, also known by the generic name trastuzumab, gained FDA approval in 1998.
Herceptin accounted for more than $3 billion in sales for the first half of this year, up 2% from the comparable period a year earlier. Sales were helped during that period with 12% growth in the U.S., according to Roche’s financial documents.
In October, Swiss pharmaceuticals maker Roche said it expected less of an effect on U.S. sales from biosimilars than in Europe.

Endo International Drops Ahead Of ’60 Minutes’ Opioid Segment


Endo International PLC ENDP 8.53% stock dropped 8.53 percent Friday after “60 Minutes” announced it will be featuring attorney general and Ohio governor-elect Mike DeWine on Sunday’s episode.

What Happened?

“60 Minutes,” which has been known to move markets with its exposes, announced that Sunday’s episode of the show will be focused on “shocking” data DeWine has uncovered that’s related to opioid distribution.
Endo is one of the companies included in lawsuits in Ohio, Missouri and Mississippi related to its role in the opioid epidemic. As recently as 2016, Endo generated the majority of its revenue from prescription painkillers, most of which were opioid drugs.

Why It’s Important

According to the “60 Minutes” episode preview, DeWine and his attorneys have compelling evidence against opioid companies that DeWine believes could result in as much as $100 billion in liabilities against Endo and other drug companies. Ohio attorney Mike Moore has reportedly said the lawsuit could bankrupt some of the companies if it goes to trial.
Ohio has been one of the states hit hardest by the opioid crisis, reporting 4,800 overdose-related deaths in 2017 alone.
DeWine said Ohio had nearly 1 billion pain pills prescribed in a single year at one point — roughly 69 per man, woman and child in the Buckeye State. .
“Anyone who was looking at those numbers, as those middlemen were, clearly, clearly should have seen something was wrong,” DeWine said.
“60 Minutes” has often moved stocks. The show was famously responsible for a report linking Lumber Liquidators Holdings Inc LL 0.2% products to cancer that sent the stock crashing more than 75 percent back in 2015.

What’s Next

Traders will certainly be tuning in to “60 Minutes” Sunday night at 7:30 p.m. ET to learn more about the situation in Ohio and its potential impact on stocks like Endo. They will also be keeping an eye out for further drug company lawsuits related to the ongoing opioid epidemic.