So of this drug isn't protected by patents why aren't other companies out they're making it?
Others have explained, but it is essentially a combination of two things--a regulatory wall, and the issues that stem from "Orphan Drugs" (Note; I only know this from reading the Economist and a few in depth articles on it a couple years ago, its been an issue for a while.) But first, about a decade ago, this drug was made for 1$ a pill, it was sold, and the price jacked up to 13.50. Revenues went up from 600k to 6.6 million--which shows the need in pretty inelastic, most of their customers continued to buy even after the 1300% price hike. His only worry, once he purchased it from the new company, is making sure to set a price that is juuuust low enough so the insurance companies will still suffer from bad PR if they try not to buy it for a dying patient. And as he said, since it is life saving? The key here, actually, is the "image" of it, people tolerate very high prices for "needed" drugs, and he's hoping to shame insurance companies into capitulating for it. Beyond that...
1.) The regulatory wall is severe, as others have said, you need to prove your generic is as good as the original. Even if you know all the ingredients, the actual formulation can be difficult (I don't think that's the case here though, this drug is so old how its made is also well known.)...However, equipment that would pass muster for the FDA? Is extremely expensive, we're easily talking into the millions of dollars for just the manufacturing ability. In addition to that, and here is the important thing--the FDA "
Abbreviated New Drug Application" for generics,
can take 1-2 years, and that is even with a perfect set up. Just like most things with the government, it is a slow process, even if everything works correctly. (So even if someone does decide to try? This guy gets 1-2 years of gouging, with no chance AT ALL of competition. Even IF someone was crazy enough to try.)
1B.) The Pharmaceutical industry in the U.S. is closed distribution, meaning, from what I understand, there must be a kind of chain of custody from them, to the pharmacy, to your hands. This is to prevent foreign "sub standard" generics from appearing in pharmacies (Which in some cases is good, in others it is thinly veiled protectionism). But this allows this asshole to see exactly who his customers are--and companies like this vigorously check to make sure no company is buying it for research purposes. (And they can deny the sale too, if a company is--because, from what I read, much like the Pharmacy, due to the closed distribution system they can prevent any sale they want.)....So you can't actually get the pills, to test them, to make a generic.
(And companies really are jerk offs in other ways too...Recently companies have begun making very small alterations to old patents, in order to get new ones, then discontinuing their old drugs before their patent expires, thereby not allowing anyone to purchase the old drug to make a generic. One pill currently on the market got a new patent for changing the delivery system, from tablet to capsule, another got one for changing the color of the pill and adding a flavor to it. (I'll have to look this up to make sure, but there have been some ridiculous ones).)
2.) Its an Orphan drug. Which is to say it is only prescribed for a very tiny market. Since the drug has no other approved uses in the U.S. except for the small parasite market? It's only customers are around 2k people. This means a company needs to spend millions to make a generic, wait years, and possibly never achieve it--only to have a market so tiny that they really would have to charge an absorbent amount to turn a profit. And the thing of it is? Since their competition has such an enormous supply chain advantage; they can easily drop the medication price back down to pennies on the dollar, locking the competition who invested out of the market (Which is especially bad, because now the company trying to bring this drug out not only can't sell it, but lost a lot of capital in the process.)