The Humble Libertarian

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Tuesday, April 17, 2012

Generic-Drug Makers Win at High Court on Brand-Name Patents

Big Pharm is notorious for patent abuse. Apparently, the Supreme Court agrees and generic drug manufacturers had a big win in court.
The U.S. Supreme Court boosted generic-drug makers in seeking federal approval for treatments, saying they can argue in court that their brand-name rivals overstated the reach of their patents in regulatory filings. The justices today unanimously sided with Caraco Pharmaceutical Laboratories Inc., a generic-drug company trying to sell a lower-cost version of Novo Nordisk AS (NOV) (NOV)’s Prandin diabetes drug. The decision gives generic companies what they say is an important tool to prevent brand-name drugmakers from abusing the Food and Drug Administration approval process to thwart competition. It overturns a lower-court ruling that a 2010 Morgan Stanley research report said would have let brand-name companies delay generic versions of select drugs.
Read the rest here
Bloomberg Businessweek 

Judy Morris,
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