PHARMA: Rost loses, or wins?

There’s an amazing place in the world called the Chinese War Memorial. It’s in Taiwan, and it recounts the tale of the Chinese Civil war from the nationalists side, ending with the glorious retreat to the Republic of China, while that little revolutionary difficulty is still going on in those other small Chinese provinces over there on the mainland. It may well be the only place where the losers wrote the history books!

I’m not sure whether Peter Rost’s suit against Pfizer/Pharmacia is in quite the same league, but thanks to the power of the blogosphere we have the official version “Suit dismissed, Pfizer wins” in Brandweek and then we have Rost’s version—we lost on a technicality that will be overturned by the same judge and so we won really. (This is from an email he sent out to his list)

We have a GREAT Qui Tam Court decision, which will help us move the Genotropin qui tam case forward. For me personally, it is a complete vindication of the false accusations Pfizer repeatedly made against me in the press. As you may remember, Pfizer had filed a motion to dismiss my complaint and had made four arguments, three of which the Court eloquently rebuked and the fourth is a technicality which will be relatively simple to handle based on additional information.

Apparently the key question is whether there is a patient database somewhere in the bowels of Pfizer that has patient identifiers that identify the specific program. Or not—as I assume Pfizer thinks. And I guess in the next round we’ll find out who’s telling porkies and who’s not.

Meanwhile Rost has a party coming up on his blog this Sunday. I won’t spoil his surprise, but you might get somewhere in guessing what it is if you look at the title this Spot-on column I wrote a while back.


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