The heartburn drug Prilosec is one
of the best-selling prescription medicines in
history. Sales in the past five years alone amount to
$26 billion. The reason is not only its popularity
but its steep price: about $4 per pill.
AstraZeneca PLC, Prilosec's
maker, has been able to charge this much because it
owned the drug's patent. But the patent's expiration
date was April 2001. By now, cheap knockoffs should
be flooding the market and saving millions for
retirees, insurers, government health plans and
corporations, such as General Motors Corp.,
which spends $55 million a year just to buy Prilosec
for its employees and retirees.
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SOARING DRUG
PRICES
1
More than 35 states are exploring actions
designed to attack soaring drug costs,
including organizing a drug-pricing task
force. Read the Journal's series of Page
One stories 2 on the embattled
pharmaceutical industry.
How New Generic Medications Can Trim Your
Drug Expenses 3
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Yet, no generics have been launched.
The reason? Seven years of planning by a group of
marketers, lawyers and scientists within the drug's
maker. The group called itself the Shark Fin project
after the dismal shape the sales chart would trace if
they did nothing: an inverted-V.
Beginning its work in 1995, the team
came up with a list of nearly 50 possible solutions
to the patent-expiration disaster facing the company.
Among the best would be finding a new heartburn drug
that worked significantly better. Among the worst:
launching a successor drug that was virtually no
better but had several more years of patent
exclusivity. The group also constructed an elaborate
legal defense of Prilosec's patents.
Fifteen months after the patent
expiration, the market shows how deftly the planners
handled their crisis. Prilosec still has its
exclusivity, having kept the generics at bay with a
series of lawsuits and peripheral patent claims.
Meanwhile, AstraZeneca has begun establishing a
successor heartburn drug in the market. And, knowing
it can't fend off Prilosec generics forever, it is
spending half a billion dollars a year to convert
Prilosec users to the new branded product, called
Nexium, which like Prilosec carries a steep price of
some $4 a pill.
All this despite a dim assessment
from several executives who were part of the long
Shark Fin planning process. They say Nexium was among
the poorest of the many drug solutions they pondered
back in 1995 -- a new medicine that isn't any better
for ordinary heartburn than the one it will succeed.
The Prilosec pattern, repeated
across the pharmaceutical industry, goes a long way
to explain why the nation's prescription-drug bill is
rising an estimated 17% a year even as general
inflation is quiescent. Just a few dozen high-priced
branded drugs are driving this increase. As the drugs
near the end of their market exclusivity, the maker
typically brings out a new branded drug for the same
condition, then launches a huge promotional campaign
to convert users to the new one. And as in the
Prilosec case, the new drug often is little better,
or even little different, owing to growing
difficulties drug-company labs face in finding novel
drugs.
At the same time, companies
typically fight to block generic versions by filing
patents on related matters such as how a drug is
delivered and used, and then suing makers of
generics. It's a tactic that is meeting increasing
resistance, though. This week, 29 state attorneys
general sued Bristol-Myers Squibb Co.,
accusing it of using frivolous patents to delay
generic competition to the cancer drug Taxol. They
say more such suits are in the offing.
Few patients who walk into the Mud
Creek Clinic in Floyd County, Ky., can afford to pay
for Prilosec. "So they stretch out a month's
prescription for five or six months," says Jackie
Bartley, a nurse at the clinic. "They'll go a week
and not take it, and their stomachs will get so bad
that they'll take it for three or four days until
things get OK and then wait again until their
stomachs get bad again. A generic would be a gift
from God."
Prilosec was originally sold in the
U.S. by Astra-Merck, a partnership of Merck &
Co. and Astra AB of Sweden. Astra eventually bought
out Merck's share and merged with another company to
form AstraZeneca. Merck still collects 32% of
Prilosec's U.S. sales and 27% of the successor
drug's.
Lofty Goals
The Astra-Merck team that set out in
1995 to plan the Prilosec succession started with
lofty goals. "It wasn't just about the money -- we
wanted to do good things," says one of the members.
Four agreed to speak about the planning for the
Prilosec successor drug, which is called Nexium, if
their names weren't used. This account describes only
matters that all four, speaking independently, cited.
The planners subjected each drug
option to four tests: Would it be better than
Prilosec, patent-protected, technically feasible, and
a drug that could be launched before generics hit the
market? The first test was toughest, because Prilosec
heals stomach sores from chronic heartburn in about
84% of patients who take it for two months, by
curbing acid production in stomach cells. "We thought
the likelihood of us finding [a better drug] was
quite small," says Martin Nicklasson, chief of
AstraZeneca's gastrointestinal business. He wasn't
part of the planning team.
Launching a follow-on product is
easier when the initial drug leaves many patients
unsatisfied. Astra-Merck planners, expecting to find
few unhappy Prilosec users, were astonished when
surveys showed only half of those who used the drug
were entirely pain-free and satisfied. This
unhappiness was good news: The planners knew they'd
be able to persuade some users to try a new pill.
By early 1996, they had narrowed
their options to 18. Among the ideas was to search
hard for a drug that inhibited the same
acid-producing cells as Prilosec but worked faster
and better -- a so-called reversible proton-pump
inhibitor. Other ideas included liquid and
extended-release versions of Prilosec -- which could
be newly patented -- or combinations of Prilosec with
various other heartburn remedies. But options kept
failing. For instance, a combination of Prilosec and
Pepcid, an older ulcer drug, didn't work. By early
1998, what would eventually become Nexium was just
about the last option.
Nexium is one-half of the Prilosec
molecule -- an isomer of it. Tweaking a
tried-and-true medicine by cutting the molecule in
half is a common strategy. Sometimes the drug that
results has fewer side effects or is more effective.
Often it works just the same. But even if that's the
case, it will be chemically different enough to win
its own patent.
Astra found that this half-of-Prilosec
molecule seemed to get into the bloodstream more
efficiently than the whole Prilosec. While executives
doubted it would work any better against heartburn,
they thought it might be better against something
called erosive esophagitis, where burped-up stomach
acid injures the esophagus. They commissioned four
studies comparing the proposed new pill with Prilosec
in patients with this condition.
It was a huge gamble. If the product
turned out to be worse than Prilosec for the
condition, the label would probably have to say so.
"You spend $120 million studying the thing and it
could have come out worse. You're scared as hell,"
one member of the planning team says.
The four studies all compared 20 mg.
of Prilosec against 40 mg. of what was to become
Nexium. The company says the dosage difference was
justified because it planned to seek approval for a
40 mg. dose of Nexium against erosive esophagitis, a
condition for which Prilosec's dose is 20 mg. Two of
the studies found that even this big dose didn't
provide faster healing with Nexium than with Prilosec.
But the other two studies did show better healing
with 40 mg. of Nexium.
Only one study compared the drugs at
equal 20 mg. doses. It found no difference in healing
rates after four weeks, but after eight weeks, Nexium
eked out a victory -- a 90% healing rate versus 87%.
AstraZeneca published the two positive studies but
won't release detailed descriptions of the two
negative ones.
The gamble had paid off. The company
now had at least one study it could show doctors
concluding that Nexium was in some cases better, if
only slightly, than Prilosec when the heartburn was
so bad it eroded the esophagus. AstraZeneca got
regulatory approval for Nexium in late February 2001
and started selling it in March.
Prilosec's patent was due to expire
in April. Getting many Prilosec users to switch to
Nexium would be impossible if low-cost generic copies
of Prilosec hit the market that month. But
AstraZeneca won six extra months of exclusive
Prilosec sales, thanks to a federal law that gives
such extensions if companies test their drugs in
children.
That took the company to October. GM
and everybody else had to keep paying for Prilosec,
not a low-cost generic form of it.
Even the extension to October might
not have given AstraZeneca enough time to establish
Nexium and start winning Prilosec users over to it.
But the maker's legal team had been preparing for
this moment for more than 15 years.
Drug companies patent everything
they can think of about their medicines, setting up
"patent estates" that serve as legal minefields for
competitors. Astra had started applying for these
incidental patents in 1985, four years before it
launched the drug in the U.S. Even if such patents
ultimately fail legal challenges, they often delay
generic launches.
Moreover, these legal fights ensure
that there's just one generic competitor at first.
That's because a 1984 federal law said generic-drug
makers that got into litigation with brand-name drug
makers could have six months of generic exclusivity
once they finally got to the market. That exclusivity
is welcome to a maker of a branded drug, because it
means sales don't erode as fast. The idea is, "if
you're going to lose, you lose to one generic," says
a former Astra-Merck executive. "Because if four or
five come in, it gets really ugly."
Patenting Everything
Astra's attorneys were constantly
alert to chances to file patents on Prilosec. For
instance, when outside scientists figured out that
ulcers are often the result of bacterial infection,
Astra obtained patents on the idea of combining
Prilosec with antibiotics. The company then argued
that generic competitors couldn't launch copycat
versions of Prilosec because doctors might prescribe
them with antibiotics, in violation of its patent on
the combination.
Astra also patented a substance that
briefly forms in the human body when Prilosec is
swallowed. Then it claimed that patients who took
generic versions of Prilosec would violate this
patent, so that generics themselves were illegal.
The company also patented the way it
manufactured the drug and claimed generic competitors
were illegally using identical techniques. And it
patented the idea of putting two coatings on the
drug's active ingredient.
Prilosec's active ingredient can
survive only about eight minutes in stomach acid --
not enough time for it to get through to the
intestine for absorption. So it needs a so-called
enteric coating that resists stomach acid.
Unfortunately, most such coatings are also slightly
acidic. So Astra's scientists decided to add a thin
middle coat to keep the enteric coating from damaging
the drug. This problem is so common that standard
industry textbooks describe it and chemical companies
sell middle coatings to solve it.
Yet Astra's lawyers persuaded patent
clerks in Europe and the U.S. that its scientists had
made a novel discovery when they came up with this
triple-layering. It was like patenting the discovery
that hamburgers are best served with the tomato slice
sandwiched between the lettuce and the meat so the
bread doesn't get soggy.
A British judge later invalidated
this patent because of "obviousness." But in the
U.S., the trial on the patent's validity has been
grinding on since December in New York. Every day the
trial continues, AstraZeneca collects another $10
million in Prilosec sales, on average. Equally
important, it gains more precious time to switch
Prilosec users over to Nexium.
AstraZeneca attorneys and executives
say the patents involved in these cases are important
discoveries that must be defended. "We've been
attacked," says Dr. Nicklasson. "We're simply
protecting ourselves in saying that we have patents
that are valid."
Deep Purple
Prilosec is one of the most
recognizable drugs, thanks to a distinctive purple
color and hundreds of millions of dollars spent on
consumer ads -- some telling people to "ask your
doctor about Prilosec, the purple pill." In planning
its successor, Nexium, the Shark Fin team considered
lots of colors, but "we decided on a purple pill to
leverage the brand -- and racing stripes to
distinguish it," says a team member. Ads say that
"today's purple pill is Nexium. From the makers of
Prilosec." They also talk about "damaging erosions of
the esophagus," the one area where Nexium may have a
slight advantage.
The company is pouring huge money
into this. It spent $478 million promoting Nexium in
the U.S. last year, according to research firm IMS
Health. Nexium is currently the most heavily
advertised drug in the U.S.
Grover Cleveland Young, a retired
paper-mill worker in Red Fox, Ky., says he took
Prilosec until two weeks ago when his doctor switched
him to Nexium. Neither his Medicaid nor Medicare
benefit pays for either drug. "I decided if I had to
pay for it myself, I might as well buy the best,"
says Mr. Young, who was released last week from
Hazard ARH Regional Medical Center for treatment of
bleeding ulcers. "My doctor said Nexium was the only
thing that would help my ulcers."
Mr. Young, 74, gets $2,100 in
monthly Social Security and pension benefits, which
has to stretch for both him and his wife. He doesn't
own a car. Money spent on Nexium is money that won't
go to pay credit-card bills. "We let one bill go to
buy the medicine one month and then let another go to
buy it the next," he says. "I don't know what we'll
give up.... It's hard, but if I don't take my
medicine, my stomach about kills me."
AstraZeneca is flooding doctors'
offices with sales representatives and free samples.
Peter Halper, an internist at a large group practice
in Manhattan, has a computer given him by a
drug-marketing firm on condition he chat with
drug-company marketers via the Internet from time to
time. Recently, he checked in with AstraZeneca. The
face of a salesman popped onto his screen, asking him
how he was and then launching into a pitch for Nexium.
Dr. Halper asked the salesman why
Nexium was better.
"The proof's in the healing rates,"
said the live salesman, who cited data comparing 40
mg. of Nexium to 20 mg. of Prilosec. "We're safer,
with no drug-to-drug interactions. We're also the No.
1 proton-pump inhibitor among gastrointestinal
specialists." While he spoke, several graphs flashed
on the screen.
"So have I shown you how we differ
from the other drugs?" the salesman asked. Dr. Halper
said he had. "Do you need any more samples
delivered?" No, Dr. Halper said, he had plenty.
Minutes later, two salesmen from
AstraZeneca arrived to talk to Dr. Halper about
Nexium. They made sure to restock his cabinet with
free Nexium. Since many physicians view Prilosec and
Nexium as virtually identical, they often prescribe
whichever one is in their free-sample closet.
Patients who begin with free samples often continue
with paid prescriptions, so the freebies are
effective marketing tools.
Rising Share
AstraZeneca's 6,000 salespeople, who
have nine products they sell to U.S. primary-care
physicians, talk about Nexium during a third of their
sales calls, according to ImpactRx, a research firm
in Mt. Laurel, N.J. Its numbers show doctors get more
pitches for Nexium than for any other heartburn drug.
Trying to switch doctors to the new drug with years
of patent protection ahead, the salespeople now bring
up Prilosec only to compare it unfavorably to Nexium.
Prilosec's share of new heartburn
prescriptions dropped to 25% in April from 49% in
2000, says IMS Health, while Nexium -- on the market
only a little over a year -- was already up to 19%.
Most of Nexium's growth is coming at the expense of
Prilosec, as the Shark Fin team had expected. When
patients are switched away from Prilosec, 60% of the
time it's to Nexium, ImpactRx data show.
The retail price of Prilosec at the
Soho Pharmacy in New York is $4.47 a pill, while
Nexium's is $4.30. A generic Prilosec is expected
initially to cost about 15% less than the brand and
eventually, as more competitors jump in, to drop by
two-thirds or more.
Another way AstraZeneca is getting
Nexium established is by cutting deals with
managed-care companies to sell the new drug for less
than Prilosec, at least for now. Although the
strategy does nothing for people like Mr. Young in
Kentucky, Nexium is now Empire Blue Cross and Blue
Shield's preferred heartburn drug because of its
price. AstraZeneca won't disclose how much it charges
managed-care firms for Nexium.
Kaiser Permanente, the largest
managed-care group, is nonetheless discouraging its
physicians from prescribing Nexium. The reason, says
David Campen, a Kaiser physician and pharmacy
executive: "Nexium clearly is no value-added drug."
-- Gautam Naik contributed to
this article.
Write to Gardiner Harris at
gardiner.harris@wsj.com4
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Updated June 6, 2002