Re: Software Patent Concerns => New Black Markets?

["Robert I. Eachus" <rieachus@attbi.com>]

Hyman Rosen wrote:

> The FDA saved Americans from the teratogenic effects of thalidomide.
> Europeans and canadians weren't as lucky.
> 
> And didn't we just go through a long discussion about the need for
> comprehensive upfront testing for the Ariane 5?

The thalidomide argument for drug patents is strong, but make sure you 
understand it.  The version of thalidomide submitted in this country had 
already been through in vitro testing that determined that it was an 
antagonist for Vitamin A.  Therefore the pill that was proposed AND 
tested in this country contained a slow dissolving vitamin A core.  The 
intent was to replace the destroyed vitamin A after the thalidomide had 
become active in the bloodstream.

In Italy at that time there were no patents on drugs.  Several companies 
got samples of thalidomide made their own versions and marketed them. 
But, since vitamin A is an oil and not soluable in water, and the form 
in the thalidomide pills was intended only to become effective when it 
reached the intestines.  So when the Italian drug companies "duplicated" 
thalidomide, they left out the vitamin A.

Then doctors in Italy started recommending it for morning sickness, and 
tragedy followed.  There were no "thalidomide babies" born in the US 
even among patients in the thalidomide study.

But if thalidomide had been approved in the US, I would probably be 
taking it now (for pain).  And every study that has been done shows that 
thalidomide will significantly reduce the death rate from some forms of 
cancer.  (The pain gets so bad the patient basically stops eating.)  For 
the patients that can be helped by thalidomide, the probability or even 
possibility of pregancy is very small--or zero.

Now I am not one to say that huge advances in medical treatment can't be 
ruled out.  But I doubt I will ever carry a child to term.  If I do, and 
if I am taking thalidomide at the time, I'll be sure to monitor my 
vitamin A levels. ;-)  But until that happens, I would rather be taking 
thalidomide than inferior substitutes.

-- 
                                                 Robert I. Eachus

"As far as I'm concerned, war always means failure." -- Jacques Chirac, 
President of France
"As far as France is concerned, you're right." -- Rush Limbaugh