The Catholic Church Banned It, On This Day — In 1616.

It was deemed a dangerous, forbidden truth: that the Earth revolved around the Sun, and not vice versa.

March 5, 1616: the truth could no longer be printed, taught or drawn in the sand.

A book by Copernicus was… banned.

Yes, I’m looking at Florida’s book banning commissions, and her “don’t say gay” Governor DeSantis.

You. Will. Be. Revealed. And. Removed.

नमस्ते

Hinderaker Was Once (Two Decades Ago) A Courtroom Lawyer…

And so it is… puzzling to watch his decline, in real time — over these last three years in particular.

Puzzling and sad. He was deadly, disastrously, wrong about COVID’s lethality (predicted deaths would top out at 50,000, when they became over ten times worse) — about that, there is no doubt.

But to watch his “dissonance reduction cycle” devolve — now into trafficked UFO-ology level lunacy… is still rather… alarming.

John now thinks there is an “Illuminati” style conspiracy, and it is using engineered viral threats to force social distancing.

It doesn’t get much loonier than that.

Congrats, Hinderaker!

Hilarious!

Let Us Agree With Scott: Mike Pompeo Is A Preening, Mediocre Ass.

Boy, I sure hope he challenges Tangerine for the GOP nomination in 2024.

Watching those two take hammer and tongs to one another would be such great theater.

A zero sum game, if ever there one were.

Yeah. So from Scott Johnson’s telling, we learn that a former Secretary of State knew where (on a map) to find Ukraine, while (purportedly) his media interlocutor did not.

I guess I expect more of a cabinet officer charged with world affairs than I might of a stringer/reporter making under $40,000 a year to go to dangerous press conferences — if we are to take the story as true (I don’t).

But it nicely points up (with Scott using the occasion to start whining anew about Kissinger being disrespected by the press in the Nixon White House!)… that these GOP hard right whyte mediocre codgers are constitutionally incapable of any humility. And they don’t mellow with age.

That is the biggest of their collective blind spots — Trump, Pompeo, DeSantis, Johnson, Hayward, Hinderaker and now Stauffer.

Their egos vastly exceed their abilities — and their tempers make them ill-suited for compromise and leadership.

Thanks, Scott!

We’ve Followed The US Albuterol Shortages For Sixteen Years…

This problem has flared on and off for as long as we’ve been following the SGP saga — now over 16 years.

With generic availability in 2008, selling prices cratered… and several manufacturers just ceased production altogether. It is expected that by mid 2024, a new US sourced generic will come online, but until then… this will be a pinch point / kink in the system:

. . .Albuterol is amid a federally declared shortage, according to the Food and Drug Administration. One of the drug’s major suppliers estimates it won’t have enough product until at least July, while another has no timeline listed, according to the FDA’s website. . . .

After the bankruptcy of Akorn in 2022, and the closure of its Illinois facility, the forecast is for stockoits through 2024. . . .

Now you know — and it looks like Marquette may get a top four seed next weekend. Grin. . . . .

नमस्ते

Elizabeth Stauffer Seems To Think It Is Her Job To Judge Her Fellow Americans. Charming.

So — Stauffer is cut from the same cloth as the boys, and Candace Owens.

Y A W N.

But she seems to think, like Tucker and Charlie Kirk before her, that she can control Owens’ message. She can’t. And Owens is not smart enough not to hole her own navy’s fleet below the waterline, as she willy-nilly fires off her various cannons.

HILARIOUS!

[I am not clear why she thinks she gets to tell Democrats what are “American” limits. She may purport to say what her small minded, poorly educated moron MAGAts will or will not tolerate — but she’ll not tell me. Ever.]

Just the same, these two will be fun to watch. They do no damage to solid Democratic values, but they humiliate themselves on the daily.

I for one cannot wait to see what kind of shape the GOP is in, when it gets to its nominating convention. If there is even a GOP by then.

Obviously, all this whining is solely to distract from the fact that a likely indicted felon will be the GOP nominee this time around.

Not a strong footing to launch off of.

Cheers, ladies.

I Think Minn. Voters, And Others Around The Nation… Trust Their Doctors.

Hinderaker occasionally writes churlish pieces suggesting that Democrats love killing babies.

He’s done it again this morning.

Y A W N.

Me? I won’t be moved by falsified, cheap theatrics.

What I think is really happening, is people who understand science and are of good will… are of a mind to let this be a decision made in the privacy of conversations between women and their doctors.

Yep. I’m old enough to remember the age when it used to be that the GOP trusted humans to make their own medical decisions, with their physician. But I get it. Embittered old whyte guys like John feel a need to control every important aspect of women’s biological / procreative lives and decision making — for their own ends.

Not sure they will win many elections on that notion — but cool, John. You do you.

Another Multi-Billion Dollar Patent Licensing Dispute, Between Pharma Titans: Roche “Cabilly Patents” v. Biogen’s Tysabri Edition

As is often the case, when a novel drug or method for preparing the essentials of one is invented, the entire industry bellies up to the bar, and pays their respective tabs, to be able to stay at the cutting edge. That’s been true for 40 years, on what are called the Cabilly II and III patents in favor of Roche/Genentech. [We’ve mentioned this tech here before, beginning about nine years ago, through around seven years ago.] So — is a 40-45 year law-sanctioned monopoly… too long?

But now, not that long ago, the Cabilly patents expired, and yet a dispute remains: should the patent payments ALSO be made by companies who are only now selling off stock-piled inventory — since the patents are dead (but the product was manufactured and stored while the patent was still in force)? It is likely not just Biogen — the learning here, however it comes out, likely applies to Merck and others, on all drugs synthesized using the lessons of Cabilly. So we will watch this one… pretty closely. It is an at least eight figure discussion, overall.

Here is the complaint in full, from the federal courthouse in San Francisco.

…Because the process for manufacturing antibodies is complex and the consequences of a stockout potentially catastrophic, it is customary for biopharmaceutical firms that make and sell therapeutic antibodies to stockpile at least several calendar quarters worth of product, and often more than that. Therefore, on information and belief, most or all of the natalizumab in the Tysabri that Biogen sold in 2019 and beyond was made in or imported into the United States prior to the expiration of Cabilly, and therefore is “Licensed Product.” Notwithstanding this, and in breach of the License Agreement, Biogen has not paid Genentech any royalties on these “Net Sales….”

Biogen entered into a binding and enforceable contract with Genentech to license the Cabilly patents. Though Elan Pharmaceuticals was initially also a party to the agreement, Biogen assumed the role of Genentech’s sole counterparty to the License in 2013 and, under the protection of the License, Biogen continued manufacturing and selling Tysabri and making royalty payments to Genentech in accordance with the License until March 2019.

Genentech materially performed all of its obligations under the License….

Do stay tuned (we will update it from time to time). Have a safe and warm weekend, and stay out of the wind… we are hiding from the snows here, as night falls. Grin.

नमस्ते

Scott Johnson Relies On The 2003 “Torture Memo” Author, For Con. Law Advice… Precious.

Because Johnson now well-knows that the states of Nebraska and Mizzou are in trouble on the student loan relief case, just as I said… he enlists a sound-bite from John Yoo, Dick Cheney’s torture enabler, from post 9/11 America.

That might not be the first place I’d go, to get legal advice on matters of what our founding documents prohibit, and/or require of us.

No matter.

Like Scott, John Yoo admits that the states’ vain attempts to overturn a clear statutory program are in deep trouble.

Again, just as I said.

Specifically, I think Roberts will vote to uphold the relief. He may think it unwise, but his objections were not “legal” points, in any sense.

See ‘ya, boys.

Will BMS Eventually Have To Pay Celgene Holders ~$6.4 Billion? We Shall See: Of “Contingent Value Rights”

To be sure, so-called “contingent value rights” have been used since the late 1980s, in M&A circles, to close deals where there would otherwise be intractable differences of opinion on the overall price for a company, or asset.

In this case, Celgene felt it was worth more than BMS was giving it credit for at the bargaining table. So, to split the difference (and think Seagen/Pfizer here, this year!), and cross the gulf… the parties agreed that if a certain Celgene candidate called Breyanzi won FDA approval by 2020, BMS would pay out a performance bonus of sorts, to the former shareholders of Celgene — another $6.4 billion in all, give or take.

But BMS missed the deadline for FDA approval by a couple months — and the claim is that BMS management slow-rolled the approval to avoid paying out on the CVRs. We will pick up the story there — but FiercePharma is right: this is many long nights away from being over. In fact it is pending in several court houses, in one form or another, around the nation. So litigation it will remain:

…Did Bristol Myers Squibb deliberately drag its feet with Breyanzi’s FDA application to avoid paying former Celgene shareholders $6.4 billion? A federal judge found no proof of that intent.

U.S. District Judge Jesse Furman on Wednesday dismissed a lawsuit that accused BMS of lying about getting CAR-T therapy Breyanzi a timely FDA approval, which would have enabled a $6.4 billion payout to investors.

But as Mizuho analyst Salim Syed pointed out in a Thursday note, BMS’ legal battle around the contingent value rights is far from over….

Now you know… we will keep you apprised. Smile.

नमस्ते

So — Elizabeth Stauffer Thinks LGTBQ+ Crews Are “More Dangerous” To Airline Passengers?! Damn.

I know — anything to find a wedge issue among/with these Powerline jokers, old and new.

Elizabeth shows this morning that she belongs with these boys… by conflating two ideas that have no business being conflated.

There is, in short, no evidence at all that any crew is safer than any other, at United.

But Elizabeth insists that we all must ASSUME the LGBTQ+ one will put passenger lives in jeopardy. What a tool she is.

Me? I personally think it is going to be a load of fun… creating dozens of deflating parodies of her face, for these pages. [She is easier on the eyes than the boys are — but not by much, in truth. And as Don Lemon said… she may be complaining… because “she is… past her prime, now.“] The image proves it.

Hilarious.