Pfizer made one last ditch effort with their calling out BYU for making a public
statement. I realized after a bit of thought, this was a desperate plea. Of
course the Jury Pool is tainted in Utah. The vast majority of potential voters
(ie jurors) have a positive view of the LDS church and BYU. They also realized
they had no case. Which is why they took it down to the wire....legally as far
as they could. I bet they had already agreed on what kind of deal they'd
give BYU and Simmons months ago.
@A voice of Reason and RiflemanNo problem, they got it and that is
who it was meant for.LOL!
Oh to be on the jury. Pfizer got off easy.
Re: Duckhunter Highland, UT"I was being sarcastic for the benefit of
the utah "fans" around here."Clearly I missed that as
Re: Duckhunter Highland, UT"But I thought BYU wasn't a reasearch
institution?"Apparently you are wrong. "Brigham Young
University (BYU), located in Provo, Utah, United States, is a private,
coeducational research university owned by The Church of Jesus Christ of
Latter-day Saints".As 'A voice of Reason' noted, all
universities do research. Now BYU can afford to do a lot more.
Duckhunter,Yeah I clearly missed that. All I had to read was cold
fusion and I completely appreciate the comment now.
@A voice of ReasonI was being sarcastic for the benefit of the utah
"fans" around here. It sounds like this research turned out a little bit
more successfully than that whole cold fusion thing.
I don’t know why some people hate pharmaceutical companies. If you are
one, next time you get sick, don’t use any of their miracle drugs! Problem
This has nothing to do with the free market. It is a legal and contractual
issue. Free market doesn't come into it.
Duckhunter,What school doesn't do research? If you want to look
at the research the U, Weber, Harvard, Oxford, Stanford, Yale, or sometimes even
the smallest of liberal arts colleges do- you'd see that every school does
research (either for themselves or paid for by someone else to get funding for
the school).Aggielove,You don't HAVE to pay for a
meal, but if you don't you certainly might go hungry.
Does this mean I don't have to pay tithing for a couple of months?
It's interesting how people make such broad judgments against Pfizer, BYU,
the free market system. None of you were there during the negotiations. You
don't know the terms. As one person pointed out, it could just be an
installment. Having been involved in situations like this, it's almost
always better to settle. No one knows the details except those who where there.
It has nothing to do with anyone robbing anyone or the free market system.
Intelligent people sat down, represented their interests and came to an
agreement. Everyone must have been happy with the outcome or they wouldn't
But I thought BYU wasn't a reasearch institution? Pretty big settlement for
some research done by a non research institution.
Pete1215I'm pretty sure my average cost of medicine is
pressured up by such rulings (as will be all of yours).So, to follow
your logic, we (or an institution in this case) should just duck our heads, turn
and take the licking...The cost of drugs are way over priced anyway compared to
their cost to make...but to follow your statement, we should just let them do
whatever they want...I for one would not and kudo's to BYU for feeling the
Pfizer clearly didn't want to go to trial.Go Cougars!!!!!!
It would appear that BYU settled for about ten cents on the dollar from its
original claim. As a tithe payer it brings up the question of governance of
BYU's Legal Department also the Church's Legal department. One of the
finest Legal minds in the United States is settling in the council of the
Twelve. Oh, to be a fly on the wall. Getting an additional 3 Billion
Dollars would have advanced BYU's academic stature measurably by decades.
To quote Brando from "One the Waterfront". "I could have been a
contender, but you sold me out" I kind of feel like that French
Peasanr from "Tale of two Cities" who child was run over by a
nobleman's coach. Yes, the Ms.Pfizer threw us some gold coins but justice
was not seved IMHO. More like Lets make a deal.
We don't know the full terms of the agreement. The $450,000,000 could just
be the first installment. It could include royalties for the next few years at
30% (to compensate for the last few years of not getting royalties).This revenue could help BYU greatly increase their academic standing and the
quality of their facilities.Hats off to BYU on this one.
I'm pretty sure my average cost of medicine is pressured up by such rulings
(as will be all of yours).
Congratulations BYU, way to not backdown to Pfizer! Pfizer tried to play hard
ball last week and could see where this was going. Hmmm do you pay billions or
millions to get out of this one. Once again...Go Cougars!
good news. Time to celebrex. Of note is that Pfizer still has to bear the
ongoing burden of liability suits, so when you start talking about
"percentage of profit" etc, you need to appreciate that BYU's share
comes with no strings attached. I think it was a good deal for both parties.
Sometimes big businesses lie, cheat, steal and do other unethical behaviour that
is grossly unfair to the little guy who actually invented something.Sometimes the little guy tries to use the power of the courts to unfairly try
to profit from the success of legitimate product development and substantial
market risk on the part of big business when he didn't make a substantial
contribution.It is completely unjustified to group all businesses or
individuals into one category or the other. Not all businesses are evil. Not all
litigants are patent trolls or extortionists.Who knows what the real
story in this case was. Since neither party seemed to want to roll the dice to
find out what a jury thinks, we may never know.
How much does BYU get and how much do you think Simmons will see? In addition,
wonder if there are on-going royalties to be paid to BYU/Simmons.
The mention of 450 Million dollars does not mean necessarily that was the extent
of the agreement. That could be just the initial agreement for this year. Are
royalties still possible? Is the 450 Million just an initial payment? We
don't know all the details so I guess it would be difficult to determine
whether this was a good, bad or equal solution. If BYU settled for just 450
million and it could have been more then it may have been that BYU's
position was present but not strong enough to reach a multi billion dollar
settlement. The confidentiality agreement will leave us without an answer until
the company files it's next yearly statement.
Re: ironmania San Diego, CA"In the end, this decision came back to
cost the university dearly in time and legal fees just to arrive at this
"amicable settlement."A $450 million dollar amicable
settlement in BYU's favor wasn't a waste of either their time or their
money. To the winner go the spoils.
So, Pfizer/Monsanto gets away with theft of intellectual property with a slap on
the wrist penalty of paying BYU less than 2% of Celebrex sales. The article
states BYU contended they were owed "reasonable royalties" of
15%...sounds amicable to me. Stolen intellectual property for life
and saved $5 billion to boot. I guess this is the epitome of our free market
gdog3finally says: "Pfizer and Monsanto are the darkest of enemies to
humanity."Seems a bit over the top. Enemies to humanity --
really? Seems to me that an organization willing to invest millions into
discovery, development, clinical trials and production of lifesaving medicines
is hardly an enemy to humanity. Pfizer has brought us cholesterol-lowering
Lipitor, the neuropathic pain/fibromyalgia drug Lyrica, the oral antifungal
medication Diflucan, the antibiotic Zithromax, and of course, Viagra, in
addition to the anti-inflammatory Celebrex.So, the next time you
have strep throat and you beg your doctor for a Z-pack, I wonder if you will be
The alleged contract breaches took place in an era before most universities had
full-fledged technology transfer offices. If the same events were
to happen today, no materials or data would have changed hands until all sorts
of licenses and agreements were in place, securing the ownership of any
intellectual property that might result. Really, some simple
precautionary steps would have prevented this costly and drawn out legal battle.
Instead, the chemistry department at BYU thought at the time that it was a
waste of time and money to worry about such formalities. In the end, this
decision came back to cost the university dearly in time and legal fees just to
arrive at this "amicable settlement."
I am encouraged to see BYU push back but they have enough power to have gone for
the juggler here. Pfizer and Monsanto are the darkest of enemies to humanity.
I am glad to see Dr. Simmons and BYU earn some respect to a degree,
but there is more here than profit and credit if you ask me. If you can cripple
an enterprise that preys upon the weak like Pfizer and Monsanto does, then you
should do it. I believe BYU could have flexed its' justified muscles more
in this case.Good for you BYU and Dr. Simmons (sort of).
"The report, however, made reference to a "$450 million charge in
connection with an agreement-in-principle to settle a lawsuit by Brigham Young
University"Congratulations to BYU. Pfizer decided to quit while
the quitting was good.